1707 Bill No. 710 Electric

AN ORDINANCE ESTABLISHING RATES, DEPOSITS, INSTALLATION AND DELINQUENCY CHARGES FOR ELECTRICITY PROVIDED BY THE CITY OF RICH HILL AND DISCOUNTS FOR ALL ELECTRIC USAGE

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

Section 1 – Rates

The rate users shall pay to the City for electricity as listed in the City Fee Schedule.

The first 20 kilowatt hour See City Fee Schedule

Next 1480 kilowatt hour See City Fee Schedule

Next 2000 kilowatt hour See City Fee Schedule

Next 5000 kilowatt hour See City Fee Schedule

All kilowatt hour in excess of 8500 See City Fee Schedule

Section 2 – Billings

All charges for electricity shall be due and payable on the first day of the month following the date of billing.

Section 3 – Delinquent Charges

If charges have not been paid prior to the opening of business hours on the 16^th day of each month, the user shall pay to the City a delinquency charge of 10% of the billing.

Section 4 – Extensions

A customer may receive one extension per year on that customer’s utility bill. The customer shall have an active account with the City for 6 months. A year shall run from January 1^st to December 31^st. The customer shall pay 25% of the bill at the time the extension is given and shall pay 25% per week until the bill is paid in full.

If a customer requires more than one extension per calendar year, the customer shall appear before the Board of Aldermen to request the additional extension.

Section 5 – Disconnection of services and fees

The City shall disconnect the services of any user who has not paid all charges by the 20^th day of the month following the date of billing except when a pledge is received from an entity that has a contract to make payments on the delinquent account.

If service is disconnected due to the user’s delinquency, the user shall pay to the City, in addition to all other charges provided herein, the user shall pay, in addition to all other charges provided herein, a fee for each trip made by the City, including disconnect trips and reconnect trips, before such service is reconnected as listed in the City Fee Schedule.

The City shall adopt the National Electrical Code of 1999 (NEC 1999). The City Superintendent shall disconnect services or send a written violation notice for unsafe or improper service connections in compliance with the NEC1999. The violation letter shall provide the customer a reasonable amount of time to comply with the requirements specified in the letter. Each case may vary due to the cause of non-compliance. The Board shall approve any non-compliance that takes longer than 60 days to meet the requirements set forth in the letter.

Section 6 – Meter Readings

The City shall read each meter every month on the 15^th day of the month or the closest working day to the 15^th. If the meter reader cannot get to the meter for any reason, the following steps shall be followed:

The first time the meter reading shall be estimated, and the user shall receive a letter stating the problem.

The second time the meter reading shall be estimated, the user shall pay per the City Fee Schedule. The user shall receive a letter stating the problem.

The third time, services shall be disconnected and shall remain disconnected until the problem is resolved and all fees for disconnection have been paid.

Section 7 – Installation Fees

Connection fee See City Fee Schedule

New 100 amp service See City Fee Schedule New 200 amp service See City Fee Schedule

An additional pole See City Fee Schedule

Upgrade in service from 100-amp service

to 200-amp service will be same. See City Fee Schedule

Any service larger than a 200-amp See City Fee Schedule

single phase

Moving a pole from one location to See City Fee Schedule

Another location

Single phase service:

The City shall install electric service from its distribution lines to the meter on the property abutting the distribution lines in so far as its current financial responsibilities, obligations and conditions shall permit; the charge for services to be paid to the City shall be the amount specified in these Rules and Regulations or as otherwise provided by the City, but in no event shall it be less than the cost to the City.

Upgrading a service or a new service larger than 1 phase:

The customer shall pay for the cost of the materials, minus the cost of the meter, plus amount listed in the City Fee Schedule. After the service has been in operation for 90 days, the customer shall receive a credit for the cost of the materials, minus the cost of the meter, on their monthly billing in equal installments not to exceed amount listed in the City Fee Schedule.

Businesses requiring a 3-phase transformer:

The customer shall pay for the cost of the transformer prior to ordering. The City shall install the transformer. After the business has been in operation for 90 days, the customer shall receive a credit for the cost of the transformer on their monthly utility bill in 12 equal installments. The City shall assume ownership and maintenance of the transformer. The City shall pay the cost of a replacement transformer in case of transformer failure.

Section 8 – Deposits – The deposit section will take effect on October 25, 2016.

1. Before services are connected, each customer shall complete a Rich Hill Customer Utility Application form that shall be submitted to the ONLINE UTILITY EXCHANGE reporting service.

2. A fee, as listed in the City Fee Schedule, per applicant shall accompany the Customer Utility Application

3. Upon the basis of the report from the ONLINE Utility Exchange, the required deposit shall be as follows:

Green See City Fee Schedule

Yellow See City Fee Schedule

Red See City Fee Schedule

4. When a deposit is established at Yellow or Red a customer with active service may provide a 24 or 60 month history. Upon review by the office staff, customers with no late payments in the most recent 24 month period; or no shut off in the last 60 months and no more than two late fees in the most recent 12 months would move one up one level on the deposit tier. Additionally, customers with no late fees in the most recent five years would move to Green on the deposit tier.

5. When electric service is discontinued, at the request of the user or for delinquency in payment, the deposit for service shall be applied first to any delinquency charges owed to the City; the balance, if any, shall be refunded to the customer.

Section 9 – Services

Electric services shall be provided only to the individual that signs the original work order or to the owner of a business or industry. Services shall not be provided to anyone whose immediate household includes a member who has an unpaid bill.

Any person having an unpaid bill with the City shall not obtain utilities service by means of misrepresentation or by making application in the name of another family member or household member. If any person should obtain services in this manner, then the past bill shall become due and payable immediately, and the balance due shall be added to the customer’s next monthly utility bill. An unpaid bill is any account of indebtedness owed to the City for utility services that has not been paid or satisfied within 60 days. If it is found that any person having an unpaid bill moves to a residence receiving services, a letter shall be sent with a payment plan. The plan shall state that payment arrangements on delinquent accounts $500 or less shall be paid in full within 90 days and over $500 shall be paid in full within 6 months from the date of the letter. Payments shall be made in equal amounts every month. If a payment is missed, services shall be disconnected at the current residence.

Section 10 – All-electric Service Discount

1. The City shall offer a discount on the electricity used by customers, provided that electricity is the only source of energy used.

2. A discount as listed in the City Fee Schedule shall be permitted

3. Any customer eligible for this discount shall make an application at City Hall stating the name of the business, if applicable, the name of the owner(s) and the location. The applicant(s) shall also attest that the energy used by the customer is totally electric.

4. When the customer has an alternate source of energy available for emergency backup such as an electrical power outage, the alternate energy source shall be stated in the application for the discount.

5. When a discount is given to a customer in error and the customer used another source of energy in addition to electricity, then the customer shall reimburse the City for the discount received.

6. If there are any other special conditions or considerations not already addressed in previous Sections of this ordinance, the applicant shall state such in the application for the discount.

7. The City Superintendent or his designated employee shall inspect the residence, and if no discrepancies are found, the discount shall be applied in the next billing cycle.

8. If the discount is approved, the new rates shall be as follows:

The first 50 kilowatt hour See City Fee Schedule

Next 1480 kilowatt hour See City Fee Schedule

Next 2000 kilowatt hour See City Fee Schedule

Next 5000 kilowatt hour See City Fee Schedule

All kilowatt hour in excess of 8500 See City Fee Schedule

A minimum monthly charge to a customer shall not be less than the amount listed in the City Fee Schedule.

Section 11 – Security Lights

1. A customer may request a security light for their property for the among listed in the City Fee Schedule.

2. The customer shall pay the City the amount listed in the City Fee Schedule.

Section 12 – Work Meters

If a customer has an existing account with the City, the customer may receive a two-week work meter to perform any necessary work to the house or the property. The fee for the work meter is listed in the City Fee Schedule. A customer shall only have 2 work meters per year.

Section 13 – Test Meters

If a customer feels their meter is reading inaccurately, the City shall provide the customer a new meter if the customer pays the charges for testing the current meter or the customer pays the fee listed in the City Fee Schedule for the installation of a logger on the meter. The customer shall pay the current cost of the meter testing or the logger fees before the new meter or logger will be installed. If the test findings show the meter has been running incorrectly by at least 1%, the testing costs shall be refunded to the customer.

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.[i]

First reading on this 8^th day of January 2020

Second reading on this 8^th day of January 2020

PASSED THIS 8TH DAY OF JANUARY 2020

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Jason Rich, Mayor

ATTEST:

___________________________________

Casey Crews, City Clerk

Ayes: Humble, Kassner, Tourtillott

Nays: None

Absent: Robb

[i] For informational purposes, this Ordinance replaces the following: Ordinance 1678, enacted December 12^th, 2018; Ordinance 1663, enacted December 12^th, 2017: which replaced Ordinance 1640, enacted March 14^th, 2017, which replaced Ordinance 1631, enacted December 13, 2016: which replaced Ordinance No. 1619, enacted September 27, 2016: which replaced Ordinance No. 1608, enacted on July 26, 2016; Ordinance No. 1530, enacted on February 8, 2016; which replaced Ordinance No. 1511, enacted on May 26, 2015; which replaced Ordinance No. 1426, enacted on October 28, 2014; which replaced Ordinance No. 1391, enacted on February 28, 2013; which replaced Ordinance No. 1350, enacted on June 22, 2010; which replaced Ordinance No. 1338, enacted on June 9, 2009; which replaced Ordinance No. 1333, enacted on March 24, 2009; 1309, enacted on April 22, 2008; which replaced Ordinance No. 1291, enacted on July 24, 2007; which replaced Ordinance No. 1277, enacted on November 14, 2006; which replaced Ordinance No. 1274, enacted on October 10, 2006; which replaced Ordinance No. 1260, enacted on March 28, 2006; which replaced Ordinance No. 1255, enacted on January 24, 2006; which replaced Ordinance No. 1247, enacted on October 11, 2005; which replaced Ordinance No. 1215, enacted on June 22, 2004; which replaced Ordinance No. 1154, enacted on October 8, 2002 (changed electric rates); which replaced Ordinance No. 1137, enacted on October 23, 2001; which replaced Ordinance No. 1134, enacted on September 25, 2001(changed all electric discount rate); which replaced Ordinance No. 1063, enacted on November 26, 1996 (Electric Utility Commission contract adopted); which replaced Ordinance No. 1061, enacted on September 10, 1996 (changed all electric discount rate); which replaced Ordinance No. 1042, enacted on March 28, 1995 (changed all electric rate discount); which replaced Ordinance No. 1005, enacted on October 22, 1991 (changed electric rates); which replaced Ordinance No. 0998, enacted on June 26, 1990 (provided for use of electric meters); which replaced Ordinance No. 0995, enacted on December 28, 1989 (prohibited tampering with electric meters); which replaced Ordinance No. 0931, enacted on October 9, 1984 (established electric distribution line east of the City); which replaced Ordinance No. 0902, enacted on July 28, 1981 (changed electric rates); which replaced Ordinance No. 0746, enacted on June 25, 1969 (adopted National Electric Code); which replaced Ordinance No. 0725, enacted on June 26, 1968 (changed electric rates); which replaced Ordinance No. 0712, enacted on February 14, 1967 (changed electric rates); which replaced Ordinance No. 0697, enacted June 11, 1963 (established discount rate for all electric); which replaced Ordinance No. 0694, enacted on March 13, 1962 (changed electric meter deposits); which replaced Ordinance No. 0691, enacted on September 22, 1959 (changed electric rates); which replaced Ordinance No. 0654, enacted on April 16, 1947 (City authorized to cut and trim trees and brush from streets, alleys that interfered with electric lines); which replaced Ordinance No. 0631, enacted on December 26, 1939 (amended art.1, chapter XV of electric light plant) ; which replaced Ordinance No. 0606, enacted on September 22, 1931 (amended art.1, chapter XV of electric light plant); which replaced Ordinance No. 0507, enacted on March 1, 1923 (changed electric rates); which replaced Ordinance No. 0477, enacted on November 1, 1920 (changed electric rates); which replaced Ordinance No. 0452, enacted on May 15, 1918 (repealed Section 9 of Ordinance No. 0410); which replaced Ordinance No. 0410, enacted on February 15, 1913 (established electric light plant).

September 10, 2020

1712 Bill No. 717 Procurement

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REPEALING ORDINANCE NO. 1668 REGARDING GUIDELINES FOR MAKING PURCHASES AND ENACTING NEW AND UPDATED PURCHASING PROCEDURES OF THE CITY.

WHEREAS, the Board of Aldermen (“Board”) of the City of Rich Hill, Missouri (“City”) is desirous to formulate a purchasing policy that better serves the health, safety, and general welfare of the citizens of Rich Hill; and

WHEREAS, the Board desires to craft a policy that incorporates an appropriate level of functionality as well as responsible guidelines and restrictions for the use of public funds and assets.

NOW THEREFORE be it ordained by the Board of Aldermen of the CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

SECTION 1. Purpose; Basic Goals. The purpose of this Ordinance (hereinafter the “purchasing policy”) to is establish policies and procedures to ensure that necessary goods and services are obtained at the highest quality and for the most economical price, while also ensuring compliance with all applicable laws and regulations, and to maintain public confidence in the City’s stewardship of public funds. The basic goals of the City’s purchasing policy are:

To comply with the legal requirements of public purchasing.
To assure vendors that impartial and equal treatment will be afforded all who wish to do business with the City.
To receive maximum value for each public dollar spent.
To provide City departments required goods and services at the time and place needed in the proper quantity and quality.
To purchase only goods and services for which funds have been approved and not previously encumbered.

Should a state or federal funding agency be involved to help pay the cost of a project or supplies, the City will comply with that funding agency’s procurement requirements if different from the City’s purchasing policy.

SECTION 2. Definitions. As used in this purchasing policy, the following terms shall have the meanings ascribed to them:

CONTRACTUAL SERVICES: Includes all telephone, utilities, gasoline, uniform services, cleaning contracts, rental, repair or maintenance of equipment, machinery and other City-owned property. This category, also, includes personal services of a person, agency or group of a non-technical or professional nature.
DEPARTMENT DIRECTOR: The person that is the head of a major function of the City and reports directly to the Purchasing Agent. Positions in this classification include: City Clerk, the City Superintendent, and Police Chief.
INFLATION ADJUSTED WAIVER AMOUNTS: the amounts published in the Missouri Register pursuant to Section 537.610, RSMo, which are the inflation-adjusted amounts of the absolute statutory waivers of sovereign immunity in Sections 537.600 and 537.610, RSMo.
BATES COUNTY VENDOR: those businesses located within the county boundaries of Bates County, Missouri.
RICH HILL VENDOR: those businesses possessing a City of Rich Hill business license, or where a license is not required, a business located within the city limits of Rich Hill, Missouri.

SECTION 3. Designation of Purchasing Agent. The City Clerk shall be the designated Purchasing Agent of the City and shall ensure that all purchases are made in accordance with the purchasing policies and procedures approved by the Board of Aldermen. In the City Clerk’s capacity as Purchasing Agent, the City Clerk or his or her designee shall oversee the preparation of all bid specifications for goods and services.

SECTION 4. General Purchasing Guidelines.

Positions Authorized to Make Purchases. Department Directors are authorized to make purchases in accordance with this purchasing policy. In the event a Department Director is unavailable to approve a purchase, the Purchasing Agent shall have the authority to act in their absence.
Municipal Contract Requirements. Section 432.070, RSMo, sets forth the requirements for municipal contracts, which must be:
1. within the scope of the City’s powers;
1. made upon consideration wholly to be performed after the making of the contract;
1. in writing and dated when made; and
1. subscribed by the parties or their authorized agents.

It is the objective of the City for all City purchases to satisfy all the foregoing requirements wherever practicable; provided, that no purchase shall be approved unless each of the foregoing requirements have been satisfied.

Work Authorization Affidavits. Section 285.530, RSMo, requires the City to condition the award of any contracts in excess of $5,000 on the receipt of an affidavit affirming that the business entity contracting with the City:
- Has enrolled in a federal work authorization program, such as E-Verify; and
- That it does not knowingly employ any unauthorized aliens to perform any contracted services with the City.

For business entities with a continuing relationship with the City, the affidavits required by this subsection are required on an annual basis. In the event that the business entity is requested to provide certain information to the State’s Attorney General’s office and the business entity fails to do so, the Attorney General’s office may require the City to suspend the business entity’s business licenses, permits, or exemptions.

Local Preference. It is the objective of the City to purchase products and/or services at the best prices. Whenever possible Rich Hill vendors and/or Bates County vendors should be contacted. Whenever the City lets for bid any contract to a contractor for any public works or product, the contractor or bidder domiciled outside the boundaries of the state of Missouri shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible contractor or bidder domiciled in Missouri as would be required for such a Missouri domiciled contractor or bidder to succeed over the bidding contractor or bidder domiciled outside Missouri on a like contract or bid being let in the person’s domiciliary state and, further, the contractor or bidder domiciled outside the boundaries of Missouri shall be required to submit an audited financial statement as would be required of a Missouri domiciled contractor or bidder on a like contract or bid being let in the domiciliary state of that contractor or bidder. This does not apply to any public works or product transportation where the bid is less than $5,000. (Section 34.076, RSMo).

National Preference. The City desires to encourage the purchase and use of products manufactured, assembled, or produced in the United States of America, if the quality and price are comparable with other goods, in accordance with Section 34.353, RSMo.

Budgetary Limits. Budgetary limits are to be strictly observed. Written authorization must be obtained from the Board of Aldermen if the purchase exceeds the approved budget for that line item.
Lowest andBest standard. Purchases shall be awarded to the vendor or provider that is deemed to be in the best interest of the City, not necessarily the lowest price. The following criteria will determine what is in the best interests of the City:
- Price;
- The level of quality of the service or product offered;
- The demonstrated ability of the vendor or provider to provide the service or product;
- Timeliness of delivery; and
- Level of fit between the vendor or provider and the needs of the City.

When the purchase is to be made from a vendor other than the low bidder, the reasons shall be documented by the department making the purchase and preapproval of the purchase shall be obtained from the Purchasing Agent.

Lowest, most responsible and responsive bidder standard. This standard is typically used for competitive construction contracts. Lowest refers to bid amount. Responsive refers to a valid and correct bid. The City may discard a non-responsive bid. Responsible refers to financial standing, skill, facilities, capacity, experience, previous work record, or any default within the last 12-month period.

Quality Buying. Vendor selection shall also include consideration of the quality of the goods or service. Quality is just as important as price and it is the responsibility of the City to secure the best quality for the purpose intended. The purchase of goods or services that will meet but not exceed the requirements for which they are intended defines quality buying. Quality buying considerations include, but are not limited to, durability, availability, ease of installation, frequency of repair, cost and availability of parts needed for repair, efficiency, and life cycle costs. It is the responsibility of each department to become familiar enough with available equipment to determine the appropriate quality required to develop specifications and bid analysis.

Sales Tax Exemption. The City is exempt from paying all local and state sales tax. The City Clerk will provide the exemption document to any vendor upon request.

Shipping. Shipping, delivery, transportation, installation, and similar costs are to be included in determining the best price. Specifications should require FOB Rich Hill, Missouri. It is important to use this “FOB Rich Hill” designation because it requires the vendor to be responsible for any damages incurred in shipping or the delivery of defective goods.

Planning. Planning of purchases should be completed by each department on a short-term and long-term basis. Small orders and last minute purchases should be minimized to the extent possible to permit each department to purchase its goods and services in larger quantities. Large quantity orders typically encourage the maximum discount possible and have the effect of reducing overall shipping costs, and therefore improving pricing. Planning will also reduce the time expended on picking up, receiving, and documenting purchases, which improves efficiency, improves fiscal control, and optimizes cash flow.

Vender Selection. Vendors and suppliers of the City shall be carefully selected. City departments should assure themselves that the vendor has the proper license, is an authorized dealer for the given product, or is a qualified provider of the services sought.

SECTION 5. Purchasing Procedures.

Minimal Acceptable Procedures. The Board of Aldermen has established policies regulating the degree of formality to be followed in the purchase of goods and services, depending on the cost of the items to be purchased. The purchasing procedures outlined in this section are minimal acceptable procedures. At the discretion of the Board of Aldermen, the requirements can be exceeded if it is deemed to be in the best interest of the City to do so.
Splitting Purchases. The splitting of purchases into smaller orders to avoid these requirements is prohibited and subject to disciplinary action.
Budgeted Purchases Under $1,000. The Department Directors shall communicate with the Purchasing Agent when ordering goods and services for their respective departments. The Purchasing Agent shall review and approve all requests for goods and services from the various Departments. The Purchasing Agent is authorized to approve budgeted purchases up to and including goods and services in the amount of $1,000. Department Directors and the Purchasing Agent shall provide internal control procedures to ensure that all purchases are for legitimate public purposes, that monthly statements from vendors are reconciled, and all purchases accounted for.
Purchases Over $1,000 but Less Than $5,000. Any necessary purchase which exceeds a cost of $1,000 shall be made by the Purchasing Agent only after approval of the Board of Aldermen. Price or rate quotes will be obtained from at least 3 qualified sources, or as many sources as can be found, whichever is less. If 3 sources are not available, a brief description of the efforts made to findlocate sources shall be provided to the Board of Aldermen.
Purchases Over $5,000.
1. Department Directors anticipating the purchase of goods or services of over $5,000 in value should prepare specifications based upon standards appropriate to meet the City’s needs. Specifications should be forwarded to the Purchasing Agent or the Purchasing Agent’s designee for review, comment, and approval. The Purchasing Agent will then authorize the preparation of the bid package, public notices, and advertisements to meet the City’s purchasing policy. The Department Director should submit a list of qualified vendors along with the specifications. A bid packet containing an invitation to bid, specifications, and general bid documents will be sent to these vendors, as well as those that respond to the legal notice.
1. Formal bids will be advertised once a weekfor two (2) consecutiveweeks in a newspaper of general circulation prior to bid opening. After the bids are opened in public, the Department Director will review them, prepare a written tabulation of all bids, draft a memorandum with a recommendation for the bid award, and submit the information to the Purchasing Agent’s office for submission to the Board of Aldermen for approval at a public meeting.
1. The recommendation to award a contract will normally be made to the lowest and bestbidder meeting specifications; however, there may be instances when the lowest bid that has met specifications is not from an acceptable bidder. When such a situation arises, it is incumbent upon the Department Director to document the reasons why the low bidder should be disqualified. These reasons may include unsatisfactory past performance or lack of capacity to complete the work.
1. The City will make every effort to formally bid all purchases of over $5,000 as provided above; however, in the event due to timing or other valid reason, the good or service is unable to be procured as outlined above, the Department Directors shall get at least three (3) legitimate written quotes from vendors. Request for Quotation forms will be used for this purpose. When seeking quotations, the practice of “auctioneering” should be avoided by refusing to disclose to a vendor the price quoted by competitors. If a Department Director is unable to secure three (3) written quotations, a memorandum explaining why less than three (3) qualified vendors were available, as well as a summary of quotes, will be attached to the request and forwarded to the Purchasing Agent’s office for submission to the Board of Aldermen for approval at a public meeting.
Unbudgeted Purchases. Unbudgeted purchases and/or changes in the intent of the budgeted line item require prior approval of the Purchasing Agent and Board of Aldermen.

SECTION 6. Purchase Orders.

Contents. If applicable, a person desiring to order a supply, equipment or service shall initiate the procedure by filling out a purchase order requisition, which shall include:
1. The date;
1. the vendor’s name and address;
1. a complete description of the goods or services requested, including:
  1. Quantity;
  1. Item/model numbers;
  1. Prices;
  1. Discounts;
  1. Shipping; and
  1. Delivery date and point of delivery;
1. The account number; and
1. The Department Director’s signature.
Effect of Purchase Order. A purchase order is a contract between the City and a vendor. The contract is not binding until the vendor accepts it. The issuance of purchase orders by unauthorized individuals will not be recognized by the City and payment of these obligations will not be approved. Unauthorized purchases are classified as personal expenses.

SECTION 7. Special Purchasing Procedures. Occasionally, the City may need to purchase goods or services under circumstances that do not clearly fit the City’s procurement process, or for which normal competitive procedures do not apply. The following guidelines are provided with regard to making such purchases.

Noncompetitive Proposals. A noncompetitive proposal is procurement through solicitation of a proposal from only one source (see Sole Source Vendors below), or after solicitation of a number of sources, competition is determined inadequate. The mere fact that a contractor/vendor is performing other consultant services for the City is not in itself an adequate justification for a non-competitive proposal award. Circumstances under which a contract may be awarded by noncompetitive proposals are limited to the following:
1. After solicitation from a number of sources, competition is determined inadequate.
1. The items or services required are available only from one source (see Sole Source Vendors below).
1. The state or federal funding program authorizes the noncompetitive method.
1. A public emergency is such that the urgency will not permit a delay beyond the time needed to employ one of the other methods described above.
Sole Source Vendors. In the event that there is only one vendor capable of providing a particular good or service, the competitive procedures outlined in this manual may be waived by the Purchasing Agent. A Department Director should document why only one company or individual is capable of providing the goods or services required whenever it is determined that goods or services must be purchased from a “sole source vendor.” The documentation should be attached to the purchase order. The Purchasing Agent must approve all sole source purchases.
Cooperative Purchasing. Department Directors are encouraged to use cooperative purchasing programs sponsored by the State of Missouri, the applicable regional council of governments, or other municipal procurement cooperative prior to making any large purchase. Cooperative purchasing can prove advantageous to the City both by relieving Department Directors of the paperwork necessary to document the purchase and by taking advantage of large quantity purchases. Purchases made through these programs have met the requirements of competitive shopping and require only sufficient information to show the purchase is from such a program and the applicable referenced purchase price. However, it would be prudent to solicit bids and quotes from other vendors, as well, since this route is not always the least expensive.
Blanket Purchase Contracts. Blanket purchase contracts are long-term contracts for goods or services awarded after receiving competitive bids. The contract remains open for a period of up to one year to purchase the goods or services specified on an “as needed” basis. Examples of where these types of contracts would be appropriate are emergency plumbing services, construction materials such as rock, trees, and other landscaping materials, automotive supplies, hardware, and office supplies. These items are ones that are frequently or routinely used by the City and for which the initiation of competitive shopping each time the goods or services are required would be cumbersome and inefficient.
Emergency Purchases. The bid procedures established in this purchasing policy may be waived under emergency conditions when a delay may threaten the basic mission of a department. True emergencies are rare. Occasionally equipment will require emergency repairs or other circumstances will necessitate purchasing, which cannot await compliance with these regulations. In no case under emergency purchases shall any contract obligating the City in total to an amount in excess of $1,000 be entered into without prior approval of the Mayor. All such emergency purchases shall be reported in writing to the Mayor and Board of Aldermen as soon as practical and any necessary budget amendments provided for processing at the next Board of Aldermen meeting.
Petty Cash Accounts.
1. There is often a need for immediate availability of funds. The City Clerk maintains one (1) petty cash fund in the amount of $100. Petty cash funds may be used to avoid the time and expense of issuing purchase orders for lower cost items or for reimbursement to employees for purchases made on behalf of the City. The City Clerk shall prepare a receipt, which will be signed by the person receiving the funds. The petty cash fund will be replenished every 60-90 days.
1. The City’s auditor may conduct unannounced audits of the petty cash fund to assure that monies are being properly accounted for. The use of petty cash funds for personal use, even for very short periods, is strictly forbidden and grounds for disciplinary action.
Use of Credit Card. The City credit card(s) shall be maintained in the City Clerk’s office. Authorized employees will be required to sign a credit card log whenever they purchase supplies or equipment on behalf of the City. The credit card log shall contain the date of the purchase, who made the purchase, what was purchased, the amount of the purchase and such other information as indicated on the log. It will be the responsibility of the person utilizing the card to justify all purchases and provide proper documentation on the use of the card.
Purchase of Used Equipment. New equipment is to be preferred over used equipment. However, there are situations where the purchase of used equipment should be considered. These include:
1. When price is of prime importance and the difference in cost between new and used equipment is significant.
1. Where equipment will be used infrequently, for a limited time, for training, or for auxiliary operations.
1. When faster delivery is essential.
1. The purchase of used equipment requires careful shopping and the requisitioning department should make every effort to secure a minimum warranty or guarantee that the equipment will perform as needed and that service or replacement parts are reasonably available.

Change Orders. Change orders are amendments to contracts for the purchase of goods or services that are made after the contract has been awarded. Change orders result from the discovery of unforeseen conditions. Change orders may not be used to overdraw a budgetary account, to avoid the City’s competitive bidding process, or to materially alter the purpose of the original bid or contract. The Board of Aldermen must approve all Change orders.

General Contract Specifications.
1. Sample Contracts. Sample contracts for construction, goods, services, and equipment shall be on file in the City offices for copying and review in accordance with the Missouri Sunshine Law.
1. Insurance. Contractors must provide written proof of insurance coverage required by this subsection before contract will be signed by the City. Contractors shall obtain and keep in force for the duration of any contract with the City the following types and amounts of insurance:
  1. Workers Compensation. Worker’s compensation insurance at statutory limits and employer’s liability insurance with limits of at least one million dollars ($1,000,000), which may include an umbrella policy.
  1. General Liability, Automobile Liability, and Property Damage. Commercial general liability insurance with coverage of not less than the then-current Inflation Adjusted Waiver Amounts for claims (a) arising out of a single accident or occurrence; and (b) for any one person in a single accident or occurrence. The Inflation Adjusted Waiver Amounts may be found at http://insurance.mo.gov/industry/sovimmunity.php.
  1. Reduction or Waiver. Insurance requirements may be waived or reduced by the Purchasing Agent after seeking the advice of the City Attorney.
Architects/Engineers/Surveyors.
1. Sections 8.285 to 8.291, RSMo, establish specific requirements for obtaining the following services:
  1. Architectural;
  1. Engineering; and
  1. Land Surveying
1. It is the policy of the State of Missouri and the City of Rich Hill to negotiate contracts for the services addressed in this subsection on the basis of demonstrated competence and qualifications for the type of services rendered at fair and reasonable prices. Department Directors shall encourage firms engaged in the type of services enumerated in this subsection to annually submit a statement of qualifications and performance date to the City. Department Directors shall also seek a request for qualifications (“RFQ”) from firms interested in providing the type of services enumerated in this subsection when the estimated cost of such services for a particular project is expected to be $1,000 or more.
1. Firms or individuals offering the types of services enumerated in this subsection shall submit pricing only in a separate, sealed envelope accompanying the annual statement or RFQ response.
1. Whenever the City requires the services enumerated in this subsection, the requesting Department Directorshall evaluate the current statements of qualifications and performance data of firms on file in addition to any statements submitted by other firms responding to an RFQ for the proposed project. In evaluating the qualification of firms to be selected in accordance with this subsection, the following criteria shall apply:
  1. The specialized experience and technical competence of the firm with respect to the type of services required;
  1. The capacity and capability of the firm to perform the work in question;
  1. The past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules; and
  1. The firm’s proximity to and familiarity with the area in which the project is located.
1. Once the Department Director has selected the three most highly qualified firms for the purpose sought, the Department Director shall request the Purchasing Agent to open the sealed price lists. Using the following scoring system, the Department Director shall select the firm having the highest points. In the event of a tie, the firm having the higher Most Highly Qualified score shall prevail.

	Most Highly Qualified	Price	Total
Firm name
Firm name
Firm name

Most Highly Qualified (“MHQ”) Firm =7 points; 2^nd MHQ=5 points; 3^rd MHQ= 2 points; Lowest Price = 7 points; 2^nd lowest price = 5 points; 3^rd lowest price = 2 points

Other Professional Services. Normal competitive procedures cannot be utilized in securing professional services such as appraisers, attorneys, certified public accountants, planners, and other professionals not listed in subsection 4 above who, in keeping with the standards of their discipline, will not enter into a competitive bidding process.

A Request for Proposal (RFP) can be prepared much the same way as specifications, including requirements and minimum standards for the services to be provided. When an RFP for professional services is approved, a limited number of qualified professionals known to the City will be invited to submit a proposal setting forth their interest, qualifications, and how they can meet the City’s needs. In securing professional services, it is the primary goal of the City to obtain the services from a provider who has a proven record of providing the professional services required.

A contract will be negotiated with the professional deemed to best meet the City’s needs. If an agreement on the cost and conditions cannot be reached, then these negotiations will be terminated and negotiations will commence with the next most qualified professional.

The Purchasing Agent is authorized to approve contracts for professional services under $1,000. A memorandum setting forth a Department Director’s recommendation should accompany a purchase order for such services. For contracts exceeding $1,000, Board of Alderman approval is required.

Public Works Contracts.
1. Payment and Performance Bonds. Contracts for public works having an estimated cost of $50,000 or greater shall include provisions requiring bonds with good and sufficient sureties, in an amount sufficient to cover the payment of any and all materials incorporated, consumed, or used in connection with the construction of the public works; and all insurance premiums, both for compensation and for all other kinds of insurance for such work; and for all labor performed in such work whether by a subcontractor or otherwise.
1. Maintenance Bonds. Contracts for public works having an estimated cost of $10,000 or greater shall include provisions requiring bonds with good and sufficient sureties, in an amount sufficient to cover the cost of repairing work completed under a public works contract necessitated by poor workmanship or substandard materials for a period of three (3) years after the City issues its certificate of completion for the project.
1. Prevailing Wages. Before advertising for bids for, or undertaking, the construction of public works through a contractor, the Purchasing Agent shall require the appropriate Department Director, in conjunction with the City Attorney if necessary, to make or seek from the Missouri Department of Labor and Industrial Relations a prevailing wage determination for the public works. If the payment of prevailing wages is required, such determination shall be attached to and made part of the specifications for the work to be completed. The Purchasing Agent shall also specify the prevailing wage for the project in the resolution or ordinance authorizing such work, and also in the invitation for bids.
1. Construction Safety Training.
  1. Bid Invitations. All invitations to bid on the City’s public works contracts shall include a notice to bidders that the project is subject to the requirements of Section 292.675, RSMo, which requires all contractors and subcontractors doing work on the project to provide a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (“OSHA”) or a similar program approved by the Missouri Department of Labor and Industrial Relations that is at least as stringent as an approved OSHA program. The invitations to bid shall also require a notice that if on-site employees have not previously completed such training, the training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training will be required to produce such documentation within twenty (20) days.
  1. Contracts for Public Works. Contracts for public works shall require the following provisions:
    1. A requirement for the contractor to provide a ten (10) hour OSHA construction safety program for all employees who will be on-site at the project. The construction safety program must include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations that is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo.
    1. If any on-site employees had not previously completed a construction safety program, the contractor must require those on-site employees to complete a construction safety program within sixty (60) days after the date work on the project commences.
    1. A requirement for the contractor to acknowledge and agree that any of contractor’s employees found on the project site without documentation of the successful completion of a construction safety program will be required to produce such documentation within twenty (20) days, or will be subject to removal from the project.
    1. A requirement for the contractor to require all of its subcontractors to comply with the requirements of this subsection and Section 292.675, RSMo.
    1. A notice of penalties for failure to provide construction safety training in accordance with Section 292.675, RSMo.
Construction Management Services. If the City determines that it is necessary to enter into a contract for the provision of construction management services, the Purchasing Agent shall direct the appropriate Department Director to select a firm using the requirements of Sections 8.675 to 8.687, RSMo, including specifically Section 8.679, RSMo.
Purchase of Insurance Coverage.
1. Group Life Insurance. Pursuant to Section 376.696, RSMo, the Board of Aldermen shall not enter into a contract for the purchase of group life insurance unless such contract is submitted to formal bidding pursuant to Section 8 of this purchasing policy every six (6) years, and the contract is awarded to the lowest or best bidder. Renewals of policies between the six (6) year required submission to formal bidding does not constitute a separate and distinct contract for the time covered by the renewal, but instead shall be treated as an extension of the contract entered into as a result of the most recent required bidding process.
1. Health Insurance. Pursuant to Section 67.150, RSMo, the Board of Aldermen shall not enter into a contract for the purchase of health insurance as a part of the compensation for full-time employees of the City unless such contract is submitted to formal bidding pursuant to Section 8 of this purchasing policy every three (3) years, and the contract is awarded to the lowest and best bidder.
1. Broker. The bidding requirements for group life insurance and health insurance (collectively, the “insurance”) as stated above may be satisfied through the City’s contract and use of an insurance broker. If the City chooses to use the services of an insurance broker, the insurance broker shall bid the insurance each year, or at a minimum, bid the insurance pursuant to the statutory requirement and provide the results of the bids to the City. The Board of Aldermen shall approve the lowest and best bid.
Depositary of Funds. The City’s depositary of funds may only be selected at the Board of Aldermen’s first regular meetings in the months of January, April, July, or October when necessary as provided in Section 95.355, RSMo. If the Board of Aldermen, or the Purchasing Agent with the consent of a majority of a quorum of the Board of Aldermen, determines the necessity to seek a new depositary of the City’s funds, the Purchasing Agent shall request an opinion of the City Attorney with respect to the need to submit the matter to the formal bidding requirements as may be required by Section 110.030, RSMo.

SECTION 8. Formal Competitive Bidding.

Notice Inviting Formal Competitive Bids.
1. Notice inviting bids will be advertised once a week for two (2) consecutive weeks in a newspaper of general circulation prior to bid opening in addition toutilizing such media as the Purchasing Agent or his or her designee deems most appropriate to the subject matter of the bid and the applicable timeline available with the objective of encouraging fair and unbiased competition. After the bids are opened in public, the Department Director will review them, prepare a written tabulation of all bids, draft a memorandum with a recommendation for the bid award, and submit the information to the Purchasing Agent’s office for submission to the Board of Aldermen for approval at a public meeting.
1. The notice shall be designed to secure a reasonable distribution and a competitive bidding process and may include direct mail, electronic mail, on line listing services, newspaper advertisements, and/or such other means, as the director may deem appropriate. In addition to any other solicitation, notices posted on public bulletin boards in City Hall shall also advertise all purchases, leases, or sales.
1. Content and timing of notices. The notice inviting competitive bids shall be distributed and/or posted at least two (2) weeks preceding the last day for receipt of bids or proposals and shall include a general description of the products or services to be leased or purchased and state where bid forms and specifications may be obtained and the time and place for submission and opening of bids.
Bid Security Deposits or Surety Bid Bonds. When deemed necessary by the Purchasing Agent, bid security deposits or surety bid bonds, or both, shall be prescribed in the notice of invitation for bids.
1. Returned Bid Security Deposit. An unsuccessful bidder who stands ready to perform according to the terms of its bid shall be entitled to the return of its bid surety deposit.
1. Enforcement of Surety Bid Bond. The City shall seek enforcement of a surety bid bond according to its terms.
1. Surety Bid Bonds Federal Register Listing Requirement. All surety bid bonds must be with companies listed in the Department of the Treasury, Federal Register as surety companies acceptable on federal bonds.
Performance, Labor, and Material Payment Bonds.
1. Where the nature of the contract is such that the Purchasing Agent or the City Attorney deems a performance bond necessary, or where the contract is for public works and requires compliance with section 107.170 RSMo, the notice of invitation for bids shall specify the amount of bond that is required. The notice shall also specify that any bid submitted pursuant to said solicitation would be presumed to include the cost of the required bond.
1. All surety performance bonds and surety labor and material bonds must be with companies listed in the Department of the Treasury, Federal Register, as surety companies acceptable on federal bonds.
Procedure for Receiving and Opening Bids. The following applies to bids submitted under the formal competitive bid procedure:
1. Sealed and Identified. All bids shall be submitted in a sealed envelope to the City Clerk and shall be identified as bids on the envelope.
1. Bid Opening. Bids shall be opened and read aloud publicly by the Purchasing Agent or his or her duly authorized representative in the presence of the City Clerk or the duly authorized representative of the clerk at City Hall, in the particular room and on the day and at the time stated in the public notices.
1. Bids Recorded. The City Clerk, or his or her duly authorized representative, shall record in writing the bids opened and read by the Purchasing Agent, or his or her duly authorized representative.
1. Bid Evaluation and Recommendations. The Purchasing Agent, or his or her duly authorized representative shall evaluate the bids submitted and refer his or her recommendations to the appropriate Department Director, who shall within the shortest practicable time, confirm the recommended award or submit objections and suggestions to the Purchasing Agent. Such objections and suggestions shall include specific reference to the manner in which the department head believes an alternate bid complies with the provisions of this purchasing policy.
1. Rejection of Bids. The Purchasing Agent shall have the authority to reject, as often as he or she deems necessary, all bids, parts of all bids or all bids for any one or more supplies or Contractual Services included in the proposed contract, for failure to comply with the requirements of the invitation for bids or when the public interest will be served thereby, and require the solicitation of new bids.
1. Recommendation of Bid Award. The Purchasing Agent shall recommend to the Board of Aldermen the award of the contract to the lowest and best bidder, unless all bids have been rejected as authorized in subsection (e) of this section.
Factors for Consideration When Determining Lowest and Best Bidder. The following factors shall be considered in determining the bidder that provides the best products and/or services that are available for the lowest price:
1. Cost and Future Maintenance. The point of purchase cost of the product or service, the anticipated cost of maintenance or service (including applicable warranties), the ability of the bidder to provide future maintenance and service, the longevity of the product or service, and the cost of disposal.
1. Ability to Perform. The ability, capacity, skill, or financial resources of the bidder to perform the contract or provide the service required.
1. Timely Performance. Whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference.
1. Character and Reputation. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
1. Quality of Prior Performance. The quality of the bidder’s performance of previous contracts or services.
1. Compliance with Laws. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.
1. Quality and Availability. The quality, availability, and adaptability of the supplies or Contractual Services to the particular use required.
1. Conditions on Bid. The number and scope of conditions attached to the bid. Bid responses containing conditions are not favored.
1. Compliance with Bid Specifications. Whether the bid as submitted fully complies with the minimum requirements of the bid specifications.
1. Social Responsibility. The socially responsible nature of the product or service that includes, but is not limited to, products or services that create meaningful work, encourage diversity; include women-owned and minority-owned enterprises, provide fair wages, or otherwise promote social equity.
1. Local Preference. A bidder satisfying the preference indicated in Section 4 of this purchasing policy.

SECTION 9. Waivers. A majority of a quorum of the Board of Aldermen in its sole and absolute discretion may waive any and all procedural requirements in this purchasing policy if it is deemed to be in the best interest of the City.

SECTION 10. Sale of Equipment or Property.

1. All sales of real and personal property that have become obsolete and unusable and have an estimated value of $1,000 or more will be declared as surplus property by the Board of Aldermen and shall be sold by using the formal bid method as described in the purchasing procedures and awarded to the highest responsible bidder.

2. The City may sell real and personal property by holding a public auction that has been advertised at least once in a legal newspaper. The property will be awarded to the highest bidder meeting the criteria of the auction.

3. The City may dispose of used equipment by trading it in on new purchases. In this case the net cost of the new equipment less the trade in will be used in the comparison of bids.

4. The Board of Aldermen may declare items of personal property as surplus in which case these items may be offered to another governmental or tax supported agency at lower than market value.

5. Items under $1,000 may be declared as surplus by the Purchasing Agent and discarded of in the most efficient method available depending on condition, salvage value, useful life remaining and other pertinent factors.

6. Public safety equipment specifically designed for Police operations, including, but not limited to, weapons, armor, communications equipment, etc., shall be offered to other Federal, State or local Police agencies or vendors licensed to deal with such equipment pursuant to Federal and State Statutes.

SECTION 11. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Board of Aldermen, signed by the Mayor, and shall remain in effect until amended or repealed by the Board of Aldermen.

PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI THIS 12^TH DAY OF AUGUST, 2020.

_____________________________

Jason Rich, Mayor

ATTEST:

_________________________

Casey Crews, City Clerk

Ayes: Robb, Tourtillott, Humble

Nays: None

Absent: Kassner

September 10, 2020

1713 Bill No. 718 Payment in Lieu of Taxes

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI ESTABLIHSING A FEE IN LIEU OF TAXES ON ALL MUNICIPALLY OWNED UTILITIES; AND REPEALING ORDINANCE NOS. 1632, 1633, 1634, AND 1635.

WHEREAS, the City of Rich Hill owns and operates public utilities for the citizens of Rich Hill; and

WHEREAS, the City has imposed a fee in lieu of taxes on its municipally owned public utilities of seven and one-half percent (7.5%) as are normally placed upon private business enterprises; and

WHEREAS, the City wishes to consolidate City ordinances for clarification and ease of application; and repeal Ordinance Nos. 1632, 1633, 1634, and 1635; and

WHEREAS, the Board of Aldermen believes it is in the best interests of the City of Rich Hill and its residents to update and simplify its City ordinances.

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

Section 1. That the Board of Aldermen of the City of Rich Hill, Missouri, hereby adopts the following regulations to impose a payment in lieu of taxes on municipally owned utilities.

MUNICIPALLY OWNED UTILITIES

SECTION 1. Payment in Lieu of Taxes.

That all municipally owned utilities shall pay to the City a payment in lieu of taxes to the City as are normally placed upon private business enterprises. Said amount of payment in lieu of taxes shall be in the sum of seven and one-half percent (7.5%) of the gross receipts derived from such business within the City.

SECTION 2. List of Utilities.

That the following enterprises of the City are hereby declared to be municipally owned utilities:

SECTION 3. Payment.

That payment in lieu of fees of seven and one-half percent (7.5%) 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 to the City.

Section 2. That Ordinance Nos. 1632, 1633, 1634, and 1635 hereby be repealed.

Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval.

PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI THIS 12^TH DAY OF AUGUST, 2020.

___________________________________

Jason Rich, Mayor

ATTEST:

____________________________

Casey Crews, City Clerk

Ayes: Robb, Humble, Tourtillott

Nays: None

Absent: Kassner

September 10, 2020

1714 Bill No. 719 Business Licensing Fee on Public Utilities

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI CALLING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION AUTHORIZING THE IMPOSITION AND COLLECTION OF A BUSINESS LICENSING FEE ON PUBLIC UTILITIES.

WHEREAS, the City of Rich Hill is authorized to impose a license fee on public utilities pursuant to Section 94.270, RSMo; and

WHEREAS, the City has imposed said fees since its incorporation; and

WHEREAS, the City wishes to impose and collect a business license fee on public utilities, which include telephone service, gas service, water service, and electric service; and

WHEREAS, the Board of Aldermen believes it is in the best interests of the City of Rich Hill and its residents to take all steps necessary to impose and collect a business license fee on public utilities, if approved and authorized by the qualified voters.

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

Section 1. An election is hereby ordered to be held in the City of Rich Hill, Missouri, on Tuesday, November 3, 2020, for the purpose of submitting to the qualified voters of the City the following proposition:

Shall the City of Rich Hill, Missouri impose a license or occupation tax in a sum equal to seven and one-half percent (7.5%) of the gross receipts derived from business within the City on every person, firm or corporation now or hereafter engaged in the business of supplying or furnishing telephone service, gas service, water service, and electric service?

Section 2. If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the City Clerk upon receipt of the election certificate from the Election Authority shall certify the results of such election.

Section 3. The City Clerk is hereby authorized and directed to notify the Bates County Clerk, as the election authority of Bates County, Missouri, of the adoption of this ordinance and include in that notification all of the terms and provisions required by Chapter 115, RSMo, as amended, including a certified copy of the legal notice of election. This election shall be held and conducted and the result thereof shall be canvassed in all respects in conformity with the Constitution and laws of the State of Missouri, and in accordance with appropriate ordinances adopted by the Board of Aldermen of Rich Hill, Missouri. The Notice of Election and ballot to be used at this election shall be in substantially the same form as is attached hereto as Exhibit A.

Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval.

PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI THIS 12^TH DAY OF AUGUST, 2020.

___________________________________

Jason Rich, Mayor

ATTEST:

____________________________

Casey Crews, City Clerk

Ayes: Tourtillott, Robb, Humble

Nays: None

Absent: Kassner

September 10, 2020

1715 Bill No. 720 Memorandum of Agreement with Alliance

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, AUTHORIZING THE MAYOR OF THE CITY, ON BEHALF OF THE CITY, TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH ALLIANCE WATER RESOURCES, INC, FOR PARKS, CEMETERIES, AND STREETS MAINTENANCE SERVICES; AUTHORIZING THE MAYOR AND OTHER CITY OFFICIALS TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY AND TO TAKE ALL ACTION NECESSARY, TO COMPLETE AND PERFORM SAID MEMORANDUM OF AGREEMENT.

WHEREAS, the City of Rich Hill, Missouri has determined that it has a need for parks, cemeteries, and streets maintenance professionals to operate and maintain the City’s parks, cemeteries, and streets; and

WHEREAS, the Mayor and the Board of Aldermen have determined that the terms and provisions of the proposed Memorandum of Agreement Between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for these services by and between the City and Alliance Water Resources, Inc., will serve the interests of the City.

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

SECTION 1. The City of Rich Hill, Missouri, shall enter into a Memorandum of Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for parks, cemeteries, and streets maintenance services by and between the City and Alliance Water Resources, Inc. A true and accurate copy of the proposed Memorandum of Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. is attached hereto and incorporated herein by reference.

SECTION 2. The Mayor and City Clerk are hereby authorized to execute the Memorandum of Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for parks, cemeteries, and streets maintenance services, on behalf of the City, and the Mayor and other City personnel are authorized to take all action necessary to complete and perform the Agreement Between City of Rich Hill, Missouri and Alliance Water Resources, Inc.

SECTION 3. This ordinance shall be in full force and effect from and after its passage and approval.

PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI THIS 12^TH DAY OF AUGUST, 2020.

___________________________________

Jason Rich, Mayor

ATTEST:

____________________________ Ayes: Humble, Robb, Tourtillott

Casey Crews, City Clerk Nays: None

Absent: Kassner

September 10, 2020

1716 Bill No. 721 Minimum Housing Standards

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, ESTABLISHING MINIMUM HOUSING STANDARDS WITHIN THE CITY LIMITS OF RICH HILL, MISSOURI.

WHEREAS, the City of Rich Hill, Missouri, has received requests from potential builders for minimum building guidelines; and

WHEREAS, the Board of Aldermen desires to ensure that new buildings within the city limits meet all necessary standards and establish consistency with the standards; and

WHEREAS, the Board of Aldermen desires to adopt the regulations provided for herein to establish minimum housing standards within the city limits of Rich Hill, Missouri.

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

SECTION 1. That the Board of Aldermen of the City of Rich Hill, Missouri, hereby adopts the following regulations provided for herein to establish minimum housing standards within the city limits of Rich Hill, Missouri.

ARTICLE I: DEFINITIONS

Accessory Building – Any structure on the property other than a dwelling.

Approved Foundation – For prefabricated/modular homes located within the city, a concrete or masonry perimeter enclosure that creates a basement or crawl space area below the dwelling unit. Attached porches and decks may be supported on the ends by piers.

Bathroom – A room containing plumbing fixtures including a bathtub or shower.

Bedroom – Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

Dwelling – Any building that contains one or two dwelling units used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or that are currently occupied for living purposes.

Dwelling Unit – A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Habitable Space – A space in a building used for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

Room – A portion of space within a building or other structure, separated by walls or partitions from other parts.

ARTICLE II: MINIMUM ROOM AREA, SPACE, CEILING HEIGHT REQUIREMENTS AND OTHER BUILDING REQUIREMENTS

The aggregate area of the rooms and spaces, and ceiling heights within, shall meet the minimum code requirements listed below, except that the design may include combined use of spaces in an economical or “efficient” manner provided the design complies with the requirements listed below for an “efficiency living unit” and the occupancy is limited to two (2) or three (3) occupants depending on the floor area provided.
1. Minimum living room area. Every dwelling unit shall have at least one (1) habitable room that shall have not less than one hundred and twenty (120) square feet of gross floor area. Note: The room is identified as a living room.
1. Bedroom(s). Bedrooms shall not be less than seven (7) feet in any horizontal dimension and shall have a floor area of not less than seventy (70) square feet when occupied by one (1) person and every bedroom occupied by more than one (1) person shall contain at least fifty (50) square feet of floor area for each occupant thereof.
1. Kitchen. Each dwelling unit shall be provided with a kitchen area and every kitchen area shall include a sink. Kitchens shall have a minimum area of fifty (50) square feet and have a clear passageway of not less than three (3) feet between counter fronts and appliances or counter fronts and walls.
1. Other habitable rooms. Other habitable rooms shall not be less than seven (7) feet in any horizontal dimension and shall have a floor area of not less than seventy (70) square feet.Note: A separate dining room is required when the dwelling unit is intended for more than two (2) occupants. For three (3) to five (5) occupants the dining room is required to be a minimum of eighty (80) square feet.
1. Bathroom. Every dwelling unit shall be provided with a partitioned off bathroom having a water closet, lavatory and a bathtub or shower. The water closet and lavatory shall not be set closer than fifteen (15) inches from their centerline to any side wall, partition, vanity, tub, or shower or set closer than thirty (30) inches between the centerlines of adjacent fixtures. At least twenty-one (21) inches clearance shall be provided in front of the fixtures except that at least twenty-four (24) inches is required in front of a shower opening. The lavatory shall be located in close proximately to the water closet. The kitchen sink shall not substitute for the lavatory. Note: While no specific minimum room size is indicated, the bathroom shall be approximately thirty (30) square feet in area to comply with the fixture spacing and clearance requirements.
1. Vertical egress & hallways. Vertical egress from habitable levels shall be by a thirty-six (36) inch wide stairway having a maximum riser height of eight and one-fourth (8 ¼) inches, minimum tread depth of nine (9) inches, and minimum six (6) feet eight (8) inches headroom. Wider treads and spiral stairs are permitted, provided that the clear width at and below the handrail is not less than twenty-six (26) inches and the walk line radius is not less than greater than twenty-four and one-half (24 ½) inches. Each tread shall have a depth of not less than six and three-fourths (6 ¾) inches at the walk line. All threads shall be identical, and the rise shall be not more than none and one-half (9 ½) inches. Headroom shall be not less than six (6) feet six (6) inches. Ladders are not permitted. Hallways, if provided, shall be not less than thirty-six (36) inches wide.
1. Mechanical equipment & appliances. Heat and hot water must be provided. Sufficient space shall be provided for mechanical equipment and hot water appliances to maintain minimum clearances to combustible materials and provide access for maintenance. A minimum of thirty (30) inches of clearance is required at the front of the appliance for service.
1. Electrical panel. An electrical system connected to a public utility must be provided. Circuit breaker panels shall not be concealed and are not permitted in a bedroom or within bathrooms or clothes closets. A minimum thirty-six (36) inches deep by thirty (30) inches wide, having a minimum six (6) feet six (6) inches headroom, unobstructed clearance area is required in front of electrical panels. Doors shall not open towards a panel. Counters and cabinets shall not be installed under the electrical panel. A communication outlet shall be cabled to the service provider demarcation point.
1. Ceiling height. Habitable spaces, hallways, bathrooms, toilet rooms, laundry rooms and portions of basements containing these spaces shall have a ceiling height of not less than seven (7) feet.
  1. Exceptions:
    1. For rooms with sloped ceilings, at least fifty (50) percent of the required floor area of the room must have a ceiling height of at least seven (7) feet and no portion of the required floor area shall have a ceiling height of less than five (5) feet. Note: These rooms shall be used exclusively for sleeping, study, or similar purposes.
    1. Bathrooms shall have a minimum ceiling height of six (6) feet eight (8) inches at the center of the front clearance area for fixtures as shown in IRC Figure 307.1. The ceiling height above fixtures shall be such that the fixture is capable of being used for its intended purpose. A shower or tub equipped with a showerhead shall have a minimum ceiling height of six (6) feet eight (8) inches above a minimum area thirty (30) inches by thirty (30) inches at the showerhead.
1. Efficiency living unit. A unit occupied by not more than two (2) occupants shall have a clear floor area of not less than two hundred twenty (220) square feet and when occupied by three (3) occupants shall have a clear floor area of not less than three hundred twenty (320) square feet. These required areas shall be exclusive of a kitchen area which shall include a kitchen sink, cooking appliance, and refrigeration facilities (each having a clear working space of thirty (30) inches in front) and a separate bathroom containing a water closet, lavatory, and bathtub or shower. Note: While no specific minimum floor area is indicated for the kitchen and bathroom the above minimum square footages shall be increased by approximately eighty (80) square feet, thus a unit for one (1) to two (2) occupants shall have a clear floor area of around three hundred (300) square feet. A unit for three (3) occupants shall have a clear floor area of around four hundred (400) square feet. This required clear floor area is exclusive of the space needed for vertical egress on designs having a habitable loft or second level.
1. Utility hookups. All plumbing fixtures shall be connected either to a public water system or to an approved private water system, such as a well, and connected to a public sanitary sewer or approved private sewage disposal system such as a septic system. An electrical system connected to a public utility shall be required.
1. Foundation. Foundation shall be placed on footings engineered to withstand all wind loads and building weights and shall be a frost proof concrete slab, crawl space or basement. Wood sole plates at all exterior walls on monolithic slabs, wood sole plated of braced wall panels at building interior on monolithic slabs and all wood sill plates shall be anchored to the foundation with minimum ½-inch-diameter anchor bolts spaced at a maximum of six (6) feet on center or approved anchors or anchor straps spaced as to require to provide equivalent anchorage to ½-inch-diameter anchor bolts. Bolts shall extend a minimum of seven (7) inches into concrete or grouted cells of concrete masonry units.
1. Footings shall be:
  1. Minimum depth on exterior footing shall not be less twelve (12) inches below undisturbed ground surface.
  1. Minimum footing size shall not be less than twelve (12) inches in width and six (6) inches in thickness and shall be reinforced longitudinally with rebar not less than one-half-inch (1/2) diameter, not fewer than three (3) in any given width area, and not less than one and one-half (1 ½) inches from the bottom.
  1. Except where otherwise protected from frost, foundation walls, piers, and other permanent supports of buildings shall be protected from frost by one or more of the following methods:
    1. Extend twenty-four (24) inches below the soil surface
    1. Erected on solid rock
    1. Constructed using a monolithic slab-on-ground foundation floor design in which the monthly mean temperature of the building is maintained at a minimum of sixty-four (64) degrees and the vertical exterior face of the footing protected with Styrofoam of a R-Value not less than four and one-half (4 ½) Note: Neither foundations nor footings protected from frost in Article II(1)(m) (3)(iii) shall be used for unheated spaces such as porches, utility rooms, garages and carports, and shall not be attached to basements or crawl spaces that are not maintained at a minimum monthly mean temperature of sixty-four (64) degrees.
1. Roof. Shall be a pitch roof withstanding twenty (20) pounds per square foot of live load and constructed of metal roofing or composite shingles.

ARTICLE III: LOT SIZE REQUIREMENTS

Minimum lot width:
1. Interior lots shall have a minimum of thirty (30) feet of street frontage.
1. Corner lots shall have a minimum of forty (40) feet of street frontage.
Minimum lot depth shall be seventy-five (75) feet.
Minimum lot area shall be two thousand two hundred fifty (2,250) square feet.
Front yard: No dwelling or accessory building shall be located with twenty-five (25) feet of the front property line. No accessory building shall be located in the front yard between the dwelling and the front property line.
Side yard:
1. Interior lots: No dwelling shall be located within seven (7) feet of any side property line. No accessory building shall be located within five (5) feet of any side property line.
1. Corner lots: No dwelling or accessory building shall be located within fifteen (15) feet of the side street right-of-way. No dwelling shall be located seven (7) feet of the interior side property line. No accessory building shall be located with five (5) feet of the interior side property line.
Rear yard: No dwelling shall be located with twenty-five (25) feet of the rear property line. No accessory building shall be located within three (3) feet of any rear property line.

ARTICLE IV: REGULATIONS FOR ACCESSORY BUILDINGS AND THE USE OF PORTABLE STORAGE CONTAINERS AS ACCESSORY BUILDING STORAGE FACILITIES

Regulations for accessory buildings:
1. Accessory buildings shall be placed on concrete, asphalt or another level, compacted, hard surface at all times; and
1. Shall be painted so as to blend in with the buildings to which they are associated or shall be painted in neutral colors (earth tones); and
1. Shall abide by all setback requirements as required by city ordinances.
Use of storage container as accessory building:
1. Shall be placed on concrete, asphalt or another level, compacted, hard surface at all times; and
1. Shall be painted so as to blend in with the buildings to which they are associated or shall be painted in neutral colors (earth tones); and
1. Shall not be visible to the motoring public or from adjacent residential neighborhoods unless other measures are employed to mitigate the visual impacts of such containers; and
1. Shall not be stacked; and
1. Shall abide by all setback requirements as required by city ordinances.

Exceptions for placement of shipping containers on construction sites in conjunction with an active building permit:
A temporary permit for the placement of shipping container(s) may be issued in conjunction with an active building permit for a construction site in all zones. The temporary permit shall be valid for a period of one (1) calendar year from the date of issuance, or until the building permit expires, but may extended for an additional one hundred eighty (180) days, subject to the city’s official determination;
Temporary containers shall be removed before the expiration date of the associated active building permit;
Temporary shipping containers shall not be placed within the public right-of-way, and shall not be placed in such a manner so as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained thereon;
All temporary shipping containers shall be placed on the construction site associated with the active building permit;
All temporary shipping containers shall be placed a minimum of five (5) feet away from all adjacent property lines and public rights-of-way;
Temporary shipping containers shall not be stacked;
Temporary shipping containers shall be secured at night time and maintained in good condition.

Emergency placement of shipping containers:
- In the event of a natural hazard, accident or other emergency or disaster which has resulted in significant damage to a property or structure within city limits, and subject to the Mayor’s discretion, the emergency placement of shipping containers shall be permitted. A temporary permit for the emergency placement of shipping container(s) may be issued by the city and shall be valid for a period of one (1) calendar year from the date of issuance, but may be extended for additional one hundred eighty (180) days, subject to the Mayor’s discretion.

ARTICLE V: REGULATIONS FOR THE INSTALLATION AND MAINTENACE OF FENCES AND HANDRAILS

Fences:
All fences on the premises shall be structurally sound, able to withstand wind gusts up to seventy (70) miles per hour, and constructed of metal fencing material, wood, masonry or other inert material. Such fences shall be maintained so that they do not constitute a blighting factor for the adjoining property nor an element leading to the progressive deterioration and downgrading of the neighborhood values. The property owner and occupant shall be responsible for compliance with the provisions of this Article.
No person shall place or permit to be placed or remain along and adjacent to any public street, alley or other public place any fence composed in whole or in part of barbed wire.
No fence, hedge or shrub planting which obstructs sight lines at heights above two (2) feet and six (6) inches above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street line, or, in the case of the rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley. No tree shall be permitted to remain within such a distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
No fence constructed of metal fencing material, wood, masonry or other inert material shall be more than eight (8) feet in height.

Handrails:
- Structurally sound handrails shall be provided on any steps containing

four (4) risers or more. If steps are not enclosed, handrails and balusters spaced no more than eight (8) inches apart shall be provided.

Porches and/or balconies located more than three (3) feet higher than the adjacent areas shall have structurally sound protective handrails, thirty (30) to thirty-six (36) inches high and, if unenclosed, balusters spaced no more than eight (8) inches apart shall also be provided.
- The property owner shall be responsible for compliance.

ARTICLE VI: PERMITS AND FEES

A permit shall be required for all construction of dwellings and accessory buildings. Permit fees as listed in the City Fee Schedule shall be established by the Board of Aldermen.

ARTICLE VII: ENFORCEMENT OFFICER

Any law enforcement officer, the Mayor or their designee(s) is authorized to enforce the provisions of this ordinance and issue notices, citations or take abatement procedures, as provided therein.

ARTICLE VII: PENALTIES

Should any owner or occupant violate the provisions of this ordinance, they shall be deemed guilty of an ordinance violation, which shall be punishable by a fine as listed in the City Fee Schedule.

SECTION 2. The provisions of this Ordinance are severable. If any section, sentence, or part of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other sections, sentences, or parts of this Ordinance which can be given effect without the invalid section, sentence, or part.

SECTION 3. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.

SECTION 4. This Ordinance shall take effect and be in full force from and after its passage and approval.

Read two times and passed by the Board of Aldermen and approved by the Mayor of the City of Rich Hill, Missouri, this 9^th day of September, 2020.

(Seal)

______________________________

Jason Rich, Mayor

Attest:

________________________

Casey Crews, City Clerk

Ayes: Humble, Robb, Tourtillott, Kassner

Nays: None

September 10, 2020

1717 Bill No. 722 Mobile Home and RV

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING MOBILE HOMES AND RECREATIONAL VEHICLES WITHIN THE CITY OF RICH HILL, MISSOURI.

WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri, desires to amend Ordinance No. 1711 regulating mobile homes and recreational vehicles within the City of Rich Hill, Missouri.

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

SECTION 1. That Ordinance No. 1684 of the City of Rich Hill, Missouri, is hereby amended to read as follows:

ARTICLE I: GENERAL PROVISIONS

Section 1 – Definitions

Mobile Home – a factory-built structure more than eight (8) feet in width and forty (40) feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its own running gear and designed to be used as a single-family dwelling unit or units with or without a permanent foundation. These units, also commonly described as manufactured homes, shall be regulated by the United States Department of Housing and Urban Development.

Recreational Vehicle – a portable unit mounted on wheels or attached to a vehicle but not mounted on a permanent foundation. The unit is designed to provide temporary living quarters for recreational, camping or travel use and is of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle. Such units are commonly described as RVs, travel trailers, campers, motor homes or other similar units, whether they are self-propelled or pulled, or can be hauled without a special permit.

Section 2 – Fees

A permit shall be obtained from the City Clerk. Permit fees shall be as listed in the City Fee Schedule and shall be paid to the City.

ARTICLE II: MOBILE HOMES

Section 1 – Mobile Homes not permitted on streets or alleys

A Mobile Home shall not be temporarily or permanently parked or located on any public street or alley within the city limits.

Section 2 – Mobile Homes regulated based on the requirements of this Section

a) The owner and occupier of any Mobile Home which is located for the first time within the City on or after August 22, 2017, or is relocated from or within the corporate city limits on or after August 22, 2017, shall comply with the requirements of this Article. The owner and occupier of any such Mobile Home shall file an application for and obtain a permit from the City before any such occupancy and/or relocation is permitted. Said application shall be on a form that substantially contains the following information, any of which may be waived by the City if not applicable:

(i) The name(s) and address(es) of the owner and occupier of the Mobile Home;

(ii) The telephone number(s) of the owner and occupier of the Mobile Home;

(iii) The year, make and model of the Mobile Home;

(iv) The address where the Mobile Home shall be located within the City;

(v) Satisfactory evidence that the Mobile Home bears the proper seal required by the laws of the State of Missouri evidencing compliance with Chapter 700 of the Missouri Revised Statutes; and

(vi) Drawings from a licensed structural engineer for footings and a foundation to support the weight of the Mobile Home listed in subsection (iii) and method for bolting the home to the foundation that complies with Section 700.065 of the Missouri Revised Statutes and regulations promulgated thereunder.

b) Mobile Homes shall be rated for Thermal Zone 3.

c) Mobile Homes shall not be more than five (5) years old, shall not have paint that is chipping or peeling from its sides or roof and it shall not have any rust or rust stains.

d) The footings shall be inspected prior to pouring concrete, and the foundation shall be inspected prior to pouring concrete.

e) Mobile Homes shall be supported on a continuous, engineered concrete and rebar footing and foundation. The foundation shall be designed of either rebar and concrete or rebar and masonry blocks so that the vertical rebar ties the footing and foundation together to support the weight of the longitudinal I-beams under the trailer. An additional masonry wall shall be permanently constructed with mortar along the perimeter. These perimeter walls shall be constructed as a continuous wall under the total length of all sided of the trailer to a height equal to the bottom of the trailer.

f) Two or more Mobile Homes shall not be attached together, nor shall any Mobile Home be attached to any other structure.

g) All axles, wheels and trailer tongue shall be removed.

h) Mobile Homes shall be inspected by the City Superintendent, or other authorized city personnel, and a record of findings shall be filed with the City Clerk.

An inspection fee shall be set by the Board of Alderman by Resolution and shall be

paid to the City along with any application. An application shall not be deemed to have been completed until an inspection fee is paid.

Section 3 – Mobile Homes shall be anchored

All Mobile Homes located within the City shall be anchored and tied down in accordance with the requirements of Section 700.065 of the Missouri Revised Statutes and the regulations promulgated thereunder.

Section 4 – Seal

No person shall own or occupy a Mobile Home manufactured after January 1, 1974, within the City that does not at all time bear the proper seal required by the provisions of Chapter 700 of the Missouri Revised Statutes.

Section 5 – Skirting

Unless otherwise regulated or exempted, Mobile Homes affixed inside the city limits prior to February 13, 2019, shall have skirting attached to the trailer made of at least 5/16-inch-thick cement fiber board or at least 1 ½-inch-thick foam backed vinyl. Beginning February 13, 2019, skirting, as described in this Section, shall not be permitted on new Mobile Homes, and any new Mobile Home to be affixed within the city limits must meet all requirements in Sections 1 through 4.

Section 6 – Mobile Homes used for temporary job site offices

a) Applications shall be made in writing to the Board of Alderman for the use of Mobile Homes or trailers to be used for temporary job site offices.

All applications shall be individually addressed by the Board, and shall be approved at the discretion of the Board.

Applications shall include work site location, date work shall begin for the project, and timeline for completion of the project. The project shall have a completion date competitive with industry standards.

Any project expected to last longer than three (3) months shall have phase dates. Each phase date a report shall be made to the Board.

Any project not completed by the project completion date shall file an extension with the Board.

Mobile Homes or trailers shall not have paint that is chipping or peeling from its sides or roof and shall not have any rust or rust stains.

Mobile Homes or trailers shall be anchored and tied down in accordance with the requirements of Section 700.065 of the Missouri Revised Statutes and the regulations promulgated thereunder.

Mobile Homes or trailers shall bear the proper seal required by the provisions of Chapter 700 of the Missouri Revised Statutes.

Mobile Homes or trailers shall have skirting attached to the trailer made of at least five sixteenths (5/16) inch thick cement fiber board or at least one and one half (1 ½) inch thick foam backed vinyl.

Mobile Homes or trailers shall be inspected by the City Superintendent, or other authorized city personnel, and a record of findings shall be filed.

An inspection fee shall be set by the Board of Alderman by Resolution, and shall be paid to the City.

In no event shall an application authorized in this Section be approved for longer than eighteen (18) months. Should a project exceed eighteen (18) months, a new application must be submitted to the Board of Aldermen.

Section 7 – Violations and penalties

Violations of this Ordinance are continuous with respect to time, and each day the violation continues may be charged as a separate offense.

ARTICLE III: RECREATIONAL VEHICLES

Section 1 – Recreational Vehicles

A Recreational Vehicle shall not be occupied as a permanent or temporary residence within city limits unless a permit is approved for building a new home.

b) A Recreational Vehicle may be stored on property within city limits, provided the following criteria are met:

(i) The Recreational Vehicle owner and property owner are the same person.

(ii) The Recreational Vehicle has no visible rust, rust stains, weather checked tires or partially attached molding.

(iii) Only one (1) Recreational Vehicle may be stored by an owner and only one (1) Recreational Vehicle may be stored on any lot, parcel, or property.

(iv) All Recreational Vehicles shall be stored on gravel and kept clear of weeds and grass.

(v) No utilities shall be hooked up to the Recreational Vehicle.

c) Permits allowing for the use of a Recreational Vehicle as a temporary residence may be approved, provided the following criteria are met:

(i) The property owner is in the process of building a new home with a minimum living space of one thousand five hundred (1,500) square feet.

(ii) The Recreational Vehicle is owned by the property owner and is situated on the property of the owner.

(iii) The property owner has a plan showing a timeline of progression stages with a projected completion date from start to finish not more than six (6) months.

(iv) The Recreational Vehicle may not be occupied prior to fourteen (14) days before construction start date.

(v) For the construction of homes over two thousand five hundred (2,500) square feet that require more than six (6) months of construction, permit extensions may be approved by the Board of Alderman at their discretion.

(vi) Permit extensions due to completion date failure may be approved by the Board of Alderman at their discretion.

Section 2 – Permits and fees

A permit shall be required for the use of a recreational vehicle as a temporary residence. Permit fees as listed in the City Fee Schedule shall be established by the Board of Aldermen.

Section 3 – Violations and penalties

Any person, including but not limited to the owner or tenant of a property upon which a Recreational Vehicle is situated, who pleads guilty or is found guilty of violating the provisions of this Ordinance within a given 12-month period, beginning with the first conviction, shall be fined as listed in the City Fee Schedule:

Violations of this Ordinance are continuous with respect to time, and each day the violation continues may be charged as a separate offense.

ARTICLE IV: EXCEPTION FOR ORGANIZAED GATHERINGS

Section 1 – Exception for organized gatherings

Organized gatherings, including but not limited to festivals, carnivals, fairs, and concerts, are hereby exempt from the requirements and prohibitions outlined in Articles II and III of this Ordinance, contingent upon the following:
The gathering is less than fourteen days in duration.
The gathering takes place no more than one time per calendar year.
The group responsible for the gathering has sought and received written approval from the Board of Aldermen to hold the gathering; said approval may be in the form of a resolution, agreement, permit, etc.
The gathering complies with all other applicable laws, rules, and regulations.

b) Any exception to this Ordinance, as outlined in this Section, shall be specifically referenced in the written approval issued by the Board of Aldermen.

SECTION 2. The invalidity of any section, clause, sentence or provisions of this Ordinance shall not affect the validity of any other part of this ordinance that can be given effect without the invalid part or parts.

SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

SECTION 4. This Ordinance shall be in force and affect from and after its passage and approval as provided by law.

SECTION 5. This Ordinance amends Ordinance 1711, enacted on June 10, 2020; which repealed and replaced Ordinance 1684, enacted on February 13, 2019; which repealed and replaced Ordinance 1656, enacted on August 22, 2017; which replaced Ordinance No. 1612, enacted on September 27, 2016; which replaced Ordinance No. 1321, enacted on September 9, 2008; which replaced Ordinance No. 1297, enacted November 13, 2007; which replaced Ordinance No. 1295, enacted September 11, 2007; which replaced Ordinance No. 1290, enacted July 17, 2007; which replaced Ordinance No. 1285, enacted June 12, 2007.

Read two times and passed by the Board of Aldermen and approved by the Mayor of the City of Rich Hill, Missouri, this 9th day of September, 2020.

________________________________

Jason Rich, Mayor

ATTEST:

_________________________________

Casey Crews, City Clerk

Ayes: Robb, Humble, Tourtillott, Kassner

Nays: None

September 10, 2020

1718 Bill No. 723 Parks

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING PARKS WITHIN THE CITY OF RICH HILL, MISSOURI.

WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri, desires to adopt regulations pertaining to parks within the city limits of Rich Hill, Missouri.

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

SECTION 1. That the Board of Aldermen of the City of Rich Hill, Missouri, hereby adopts the following regulations pertaining to parks within the city limits of Rich Hill, Missouri.

Section 1 – Hours

All parks shall be closed from midnight (12:00 a.m.) to sunrise.
A permit shall be obtained from the City Clerk to approve the use of any park from the hours of midnight (12:00 a.m.) to sunrise.
1. The City Clerk shall provide a copy of all permits to the Chief of Police and the Mayor.
1. Permit fees shall be established by the Board of Aldermen by Resolution and shall be paid to the City.

Section 2 – Reservation of Shelter Houses and Band Stand

A permit shall be obtained from the City Clerk to reserve the large shelter house and/or the small shelter house in Prospect Park, also referred to as the East Park, or the band stand in Park Place, also referred to as the West Park.
1. Permits shall be issued on a first come first serve basis.
1. A copy of each permit shall be available for inspection during the time of the reservation.
1. Permit fees shall be as listed in the City Fee Schedule and shall be paid to the City.

Section 3 – Fireworks

It shall be unlawful for any person to ignite fireworks in any City park.

Section 4 – Alcoholic Beverages

It shall be unlawful for anyone to have or consume alcoholic beverage in or at any City park.
The Board of Alderman may grant an exception if an application is made to the Board of Aldermen for a special event.
1. The organization hosting the event must obtain a picnic license issued pursuant to Section 311.482, RSMo, from the State of Missouri.
1. The organization hosting the event must have a written agreement with the City, which shall be approved by the Board of Aldermen. The written agreement shall include the area for the event and consumption and insurance requirements for the event holder.

Section 5 – Driving

It shall be unlawful for anyone to drive motorized vehicles in any City park.
This rule shall not apply to any City employee acting within the course and scope of his or her employment.
The Mayor or his/her authorized representative may authorize the use of vehicles, ATVs, and UTVs in the City parks during an event when a written agreement for the event has been approved by the Board of Aldermen.

Section 6 – Animals Prohibited at Public Functions; Exceptions

Except as set forth in sub-section (2) below, no animal shall be allowed to be present at any function being held within a City park generally open to the public at which ten (10) or more persons are present.
The provision of sub-section (1) above shall not apply to:
1. Any certified seeing eye dogs, hearing dogs, governmental police dogs, or other certified dogs that are trained to assist the physically handicapped.
1. Any animal that is participating in a pet parade or other exhibition sponsored by the organization that is holding a public function, however, at the conclusion of any such parade or exhibition, the pet shall be removed from the immediate area of the function.

Section 7 – Grills Prohibited at Public Functions; Exceptions

It shall be unlawful for any person to operate or place an open, closed, portable, or ground fire grill in any City park. Any exceptions to this provision are specifically set forth in the sub-section (2) below.
Exceptions to this Section are as follows;
1. A permit obtained at City Hall.
  1. Permits shall be issued on a first come first serve basis and in conjunction with the reservation permits for the shelter houses and band stand.
  1. No permit shall be issued for a location during the time of a special event.
1. Grilling shall be allowed only in designated areas.
1. Extreme caution shall be exercised when lighting the grill so as to prevent flames from elevating to an excessive height. Hot ashes or cinders shall be deposited into noncombustible container free of all combustible material and away from combustible construction.

Section 8 – Penalties

Any person, firm, or corporation violating this Ordinance shall, upon conviction, be fined as listed in the City Fee Schedule, or imprisoned not more than ninety (90) days, or a combination of both fine and imprisonment.

SECTION 2. All ordinances conflicting in whole or in part with the provisions of this Ordinance are hereby repealed to the extent of the conflict.[i]

SECTION 3. The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance.

SECTION 4. This Ordinance shall be in full force and effect from and after its passage by the Board of Aldermen and approval by the Mayor, and shall remain in effect until amended or repealed by the Board of Aldermen.

READ TWO TIMES AND PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI, THIS 9^th DAY OF SEPTEMBER, 2020.

Ayes: Humble, Tourtillott, Kassner, Robb

Nays: None

______________________________

Jason Rich, Mayor

ATTEST:

______________________________

Casey Crews, City Clerk

SEAL

[i] For informational purposes, this Ordinance repeals and replaces the following: Ordinance 1536, enacted March 3, 2016: which replaced Ordinance 1418, enacted September 9, 2014, which replaced Ordinance No. 1416, enacted May 27, 2014, which replaced Ordinance No. 1236, enacted June 14, 2005, which replaced Ordinance No. 1235, enacted May 24, 2005, which replaced Ordinance No. 1111, enacted September 12, 2000, which replaced Ordinance No. 0944, enacted September 10, 1985.

September 10, 2020

1719 Bill No. 724 Tax Levy 2019

AN ORDINANCE LEVYING GENERAL, PARKS AND RECREATION, LIBRARY, AND HEALTH TAXES IN THE CITY OF RICH HILL, FOR THE TAX YEAR 2020

_____________________________________________________________________________________

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 2019, 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:

For General purposes: 0.6964 on the $100.00 valuation.
For Parks and Recreation purposes: 0.2809 on the $100.00 valuation.
For support of the Rich Hill Library: 0.2400 on the $100.00 valuation.
For Health purposes: 0.1460 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 9^th day of September, 2020.

__________________________

Jason Rich, Mayor

ATTEST: Ayes: Tourtillott, Kassner, Robb, Humble

Nays: None

__________________________

Casey Crews, City Clerk

September 10, 2020

1720 Bill No 725 Conflict of Interest

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 9^TH DAY OF SEPTEMBER 2020

2^ND READING 9^TH DAY OF SEPTEMBER 2020

PASSED THIS 9^TH DAY OF SEPTEMBER 2020

__________________________________

Jason Rich, Mayor

ATTEST: Ayes: Robb, Tourtillott, Humble, Kassner

Nays: None

___________________________

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 9^TH day of September 2020.

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