AN ORDINANCE REGULATING THE OPERATION OF MOTOR VEHICLES IN THE

 

CITYOF RICH HILL,MISSOURI

 

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

SECTION 1:  Chapter 300, consisting of section 300.010 through 300.600, of the Revised Statutes of Missouri, commonly known as the “Model Traffic Ordinance,” is hereby adopted as and for the traffic ordinance of this City with like effect as if recited at length herein.

SECTION 2:  No person shall operate a motor vehicle within the City without a valid state operator or chauffeur’s license, or operate a motor vehicle without a valid state operator’s or chauffeur’s license on or about his or her person, or operate a motor vehicle without a valid motor vehicle registration.

SECTION 3:  No owner or driver of any motor vehicle shall place the vehicle in charge of or permit it to be driven upon the streets of the City by any person under the age of sixteen years without a valid permit.

SECTION 4:  The parking of motor vehicles upon any street or alley in the City for longer period than 48 hours is hereby prohibited.  Streets or alleys cannot be blocked at any time.

SECTION 5:  No vehicle shall be stopped or parked and left without an operator or driver at any place upon the streets of the City between a parked car and the center of the street.

SECTION 6:  (a) In any prosecution charging a violation of any law or regulation governing the parking of a vehicles, proof that the particular vehicle described in the com­plaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(b)     The foregoing presumption shall apply only when the procedure as prescribed in sections 360.585 and 300.590 of the Model Traffic Ordinance adopted by section 6 has been followed.

SECTION 7:      Upon the arrest of any minor under age seventeen for violation of any provisions of this ordinance they shall be turned over to the juvenile officer for disposition.

SECTION 8:       No person engaged in hauling coal, gravel, rock, tile, trash, refuse, brush or other material wil1 load the vehicle used in such hauling to such an extent that a part of the load may be shaken off, or used in any such hauling any broken or leaky box, body or bed from which such materials may fall or leak out upon the streets or alleys of the City. And any person who shall purposely, accidentally or by reason of accident, have dropped from his vehicle any such substance shall immediately stop such vehicle and make all reasonable effort to clear such street or alley thereof.

SECTION 9:       Any freshly oiled street within the City shall be barricaded by the person doing the oiling, and it shall be unlawful for any person to drive a vehicle upon such street while barricaded.

SECTION 10:    Every person operating a motor vehicle on the streets of this City shall drive in a careful and prudent manner, and shall exercise the highest degree of care and at a rate of speed so as not to endanger the property of another or the life or limb of any person.

SECTION 11:      No person shall operate a motor vehicle in the City ofRich Hillin excess of 25 miles per hour unless otherwise designated by traffic signs.  No person shall operate a motor vehicle in the excess of 70 miles per hour on Highway 71 or in excess of 35 miles per hour on Route A for the portions that is inside the City limits of Rich Hill. 

SECTION 12:      No person shall drive, use or tamper with a motor vehicle without the permission of the owner or person in charge thereof.   No person shall, without permission of the owner or person in charge thereof, climb upon or into or swing upon any motor vehicle whether it is in motion or at rest, or sound the horn thereof or attempt to manipulate any of the machinery thereof or set such vehicle in motion, or hold to such vehicle while riding a bicycle or other vehicle.

SECTION 13: No person shall operate a motor vehicle while in an intoxicated condition, or while under the influence of drugs.

SECTION 14: No person driving a motor vehicle upon the streets or alleys of the City and knowing that an injury has been caused to any person or damage has been caused to property due to the culpability or negligence of such driver, or to accident, shall fail to stop promptly nor shall he leave the scene of such injury, damage or accident without giving his name, residence, including city street number, state motor vehicle number and chauffeur’s or registered operator’s number to the injured party or to a City Police Officer or to the Police Judge in case no police officer is present,

SECTION 15:  No person shall drive a motor vehicle upon the streets of the City unless it is equipped with a horn, directed forward, or whistle, in good operating condition and two head lights and tail lights in good working condition; nor shall any person drive a motor vehicle upon the streets of the city with muffler cutout open; and no vehicle shall be driven in such manner or be in such condition that excessive noise shall he made by its machinery, motor, signaling device or other parts; and all such motor vehicles shall be provided with a set of adequate brakes, kept in good working condition.

SECTION 16:  The driver of a vehicle approaching an inter­section shall yield the right of way to a vehicle, which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.

SECTION 17:  When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the drive of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left urn.

SECTION 18:    The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

SECTION 19:       The driver of any vehicle shall stop as required by this section at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection on the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard. The state highway commission may erect stop signs at the entrance of any public road into a through highway.

SECTION 20:      The driver of a vehicle about to enter or cross a highway from an alley or any private road or driveway shall yield the right of way to all vehicles approaching on said road or highway.

SECTION 21:    The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right of way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

SECTION 22:    The Police Judge shall have all powers and authority and shall perform such duties as are prescribed for municipal courts in rules 37.46 to 37.40 of the rules of the Supreme Court of Missouri. (He may appoint as traffic violations clerk the Chief of Police or any Police Officer designated by the Chief of Police, or the City Clerk. In establishing schedules of fines and rules for the payment of fines including time limits, the police judge shall conform to the provisions of this article.

SECTION 23:      No person shall cause a motor vehicle to be parked or set idiling with any marked fire lane, in front of a fire hydrant, or any other marked “No Parking” area within the City ofRich Hill

 

SECTION 24:      Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding 120 days or by both such fine and imprisonment.

SECTION 25:     All ordinances or parts or ordinances in con­flict with this ordinance arc hereby repealed to the extent of such conflict.

SECTION 26:     This ordinance shall take effect and be enforced from and after its passage and approval.

          First readingMay 24, 2011 

          Second readingMay 31, 2011

 

Read two times and passed this 31^st day of May 2011.

 

Approved this 31^st day of May 2011

 

 

 

________________________________

Jim Kithcart, Mayor

 

 

ATTEST:

 

 

 

_______________________________

Rebecca Rich, City Clerk

 

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

 

 

 

An ordinance pertaining to public health, safety, and welfare; regulating storage, collection, transportation, processing and disposal of solid waste and yard waste; providing for collection and disposal of solid waste and yard waste ; providing a penalty for violation of the provisions of this ordinance; and repealing all ordinances in conflict.

 

Be it ordained by the City Council of the City of Rich Hill, Missouri.

 

Section 1 Definitions

 

For the purpose of this ordinance the following terms shall be deemed to have the meaning indicated below:

APPROVED INCINERATOR– and incinerator, which comply with all current regulations of the responsible local and state air pollution control agencies.

BULKY RUBBISH– non – putrescible solid wastes consisting of combustible and /or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefore.

CITY- The City ofRich Hill,Missouri.

COLLECTION– Removal of solid waste from its place of storage to the transportation vehicle.

COMMERCIAL USER — any person, firm, partnership, or corporation occupying any building or structure which is within the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim.  Provided, however, that schools and churches shall be deemed as “commercial user”.

DEMOLITION AND CONSTRUCTION WASTE– Waste materials from the construction or destruction of residential or commercial structures.

DIRECTOR- The Director of the Solid Waste Management Program of the City ofRich Hillis the City Superintendent, or his authorized representative.

DISPOSABLE SOLID WASTE CONTAINER—Disposable plastic sacks or bags with a capacity not greater than 35 gallons which is specifically designed for storage of solid waste.

DWELLING UNIT– any room or group of rooms located within a structure, and forming a single habitable unit with facilities, which are used, or are intended to be used, for living, sleeping, cooking and eating.

GARBAGE–putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food.

HAZARDOUS WASTES– including but not limited to: pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.

MEDICAL PATHOLOGICAL WASTE—Including, but not limited to, needles, syringes, sharp objects, or other materials that have made contact with blood or bodily fluids.

MULTIPLE HOUSING FACILITY- a housing facility containing more then one dwelling unit under one roof.

OCCUPANT– any person who, along or jointly or severally with others, shall be in actual possession of any dwelling unit of any other improved real property, either as owner or as a tenant.

OUTSIDE COMMERCIAL USER– any person, firm, partnership, or corporation occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim.  Provided, however, that schools and churches shall be deemed as “commercial user”.

OUTSIDE RESIDENTAL USER–Any person occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri the principle use is as a place of abode for any person or persons.

PERSON– any individual, partnership, CO-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.

PROCESSING– incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.

REFUSE– solid waste.

RESIDENTIAL USER– Any person occupying any building or structure, which is within the corporate limits of the City of Rich Hill, Missouri the principle use, is as a place of abode for any person or persons.

SOLID WASTE– unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special waste, industrial wastes, and demolition and construction wastes.

(a) Commercial solid waste–solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishments, and multiple housing facilities with more than one (1) dwelling units.

(b) Residential solid waste– solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than one (1) dwelling units.

SOLID WASTE CONTAINER– receptacle used by any person to store solid waste during the interval between solid waste collections.

SOLID WASTE DISPOSAL– the process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man.

SOLID WASTE MANAGEMENT– the entire solid waste systems of storage, collection, transportation, processing and disposal.

STORAGE–Keeping, maintaining or storing solid waste from time of its production until the time of its collection.

TRANSPORATION– the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.

YARD WASTE – brush, leaves, grass clippings, flowers, dirt and rock

 

SECTION 2: SOLID WASTE STORAGE

 

SECTION 2.1— The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate city limits of the City, shall provide sufficient and adequate containers for the storage of all solid waste to serve each such dwelling unit and/or establishment, and to maintain such solid waste containers at all times in good repair.

SECTION 2.2— The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat sanitary condition at all times.

SECTION 2.3— Residential solid waste shall be stored in containers that meet the following specifications:

(a)             No more than 35 gallons in normal capacity.

(b)            Containers shall be leak proof, waterproof, and fitted with a fly tight lid.

(c)             Shall be properly covered at all times except when depositing waste therein or removing the contents thereof.

(d)            Shall have handles, basils or other suitable lifting devices or features.

(e)             Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying.

(f)              They shall be of lightweight and sturdy construction. The weight of any individual container and contents shall not exceed 75 pounds.

(g)             Galvanized metal containers, or rubber, fiberglass, or plastic containers, which do not become brittle in cold weather, may be used.

(h)             Disposal solid waste containers with suitable frames and containers as approved by the Director may also be used for storage of residential solid waste.

(i)              Any container that will allow bagged solid waste to be easily removed (loose solid waste will not be picked up).

SECTION 2.4—Solid waste containers with the following specifications will NOT be allowed for use:

(a)             Metal, 55 gallon barrels, may only be used for storage of solid waste that is bagged in a disposable solid waste container as defined in this ordinance. 

(b)            Paper sacks or cardboard

(c)             Wheelbarrows or carts may only be used for storage of solid waste that is bagged in a disposable solid waste container as defined in this ordinance. 

(d)            Any container that can not be dumped into the truck by one man or not meeting the definitions in Section 2.3

SECTION 2.5— Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste therein or removing the contents thereof, and shall meet all requirements as set forth by Section 7.

 

SECTION 3. COLLECTION OF SOLID WASTE

 

SECTION 3.1-Except for services in connection with the collection and disposal of Demolition and Construction Waste as provided in Section 6 of this Ordinance, no person shall engage in the business of collecting, transporting, processing or disposing of any other type of solid waste within the corporate limits of the City.    Residents and any business, firm, partnership or corporation occupying or using any building or structure which is in the corporate limits of the City will receive refuse pickup and disposal service or collection for solid waste other than Demolition and Construction Waste exclusively from the City as per rules and regulations of the Ordinance.   The City may also provide  services for the collection and removal of Demolition and Construction Waste, or the removal of such waste can be provided, at the customer’s expense,  by a customer contracting with a  third party who holds a Demolition and Construction Waste Permit issued in accordance with Section  6 of this Ordinance.   The City may also provide the collection services by the City contracting with a person, county, or other city or combination thereof, for the entire City or portions thereof, as deemed to be in the best interest of the City.

SECTION 3.2— All solid wastes from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein; provided, however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations or weight and bulk to be fixed by regulations to be made and promulgated by the Director as hereinafter provided. Bulky rubbish collections shall be subject to additional charges as hereinafter established in this ordinance.  All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.

SECTION 3.4— Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste there from as required by this ordinance. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste. Commercial solid waste may be removed from within commercial establishments upon written request of the owner and approval of the Director.

(a)             All solid waste being set out for collection must be placed at the edge of the property, along the road, unless otherwise directed by the truck operator.  Solid waste containers and disposable solid waste containers not properly placed will not be picked up.

SECTION 3.5–The following collection frequencies shall apply to collections of solid waste within the City: All residential solid waste, other than bulky rubbish, shall be collected (at least once) weekly. At least seventy-two (72) hours shall intervene between collections. All commercial solid waste shall be collected (at least once) weekly, except otherwise permitted by the Director, and shall be collected at such lesser intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the prevention of the health and /or safety of the public.

SECTION 3.6– Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage sight shall be well drained, free from loose debris and maintained; fully accessible to collection equipment, public health personnel and fire personnel.

SECTION 3.7— Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Sections 2.3, 2.4, 2.5, and 2.6 of this ordinance. Any spillage of blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.

SECTION 3.8– It shall be the responsibility of the collector to inform the director of any known or suspected hazardous or toxic wastes prior to the collections of such wastes.

SECTION 3.9—Requests for refuse collection services by users outside the city limits must be made, in person and/or in writing and presented to the City Council for approval. 

 

 

SECTION 4. TRANSPORTATION OF SOLID WASTE

 

SECTION 4.1-All transportation vehicles shall be maintained in a safe clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste there from. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall have a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle which shall be secured whenever the vehicle is transporting solid waste, or as an alternate, the entire body thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.

SECTION 4.2– Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public right of ways.

SECTION 4.3– Transportation and disposal of demolition and construction wastes shall be in accordance with applicable Section 5 and 6.

 

SECTION 5. DISPOSAL OF SOLID WASTE

 

SECTION 5.1– Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health and the Department of Natural Resources.

SECTION 5.2– The Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations.

SECTION 5.3 –Medical pathological waste shall be disposed of in accordance with Missouri State Department of Health regulations in approved containers.

 

6. DEMOLITION AND CONSTRUCTION WASTE PERMITS; INSPECTIONS

 

SECTION 6.1– A person may engage in the business of collecting, transporting, processing, or disposing of Demolition and Construction Wastes within the corporate limits of the City only if that Person first obtains a Demolition and Construction Waste Permit from the City in accordance with this Section.   If a Demolition and Construction Waste Permit is obtained, no further permit shall be required from employees of the holder of any such permit.

SECTION 6.2– No such Demolition and Construction Waste Permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, shall file and maintain with the Director evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of $1,000,000.00 combined single limit. Should any such policy be canceled, the Director shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.

SECTION 6.3-Each applicant for any such Demolition and Construction Waste Permit shall state in his application therefore; (a) the nature of the Demolition and Construction Waste  Permit desired, as to collect, transport, process, or dispose of Demolition and Construction Waste or any combination thereof; (b) the characteristics of the Demolition and Construction Waste to be collected, transported, processed, or disposed; c) the number of Demolition and Construction Waste transportation vehicles to be operated there under; (d) the precise location or locations of Demolition and Construction Waste processing or disposal facilities to be used and a copy of the state landfill  permit; (e) boundaries of the collection area; and (f) such other information as required by the Director.

SECTION 6.4– If the application shows that the applicant will collect, transport, process or dispose of Demolition and Construction Waste without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this ordinance, the Director shall issue the Demolition and Construction Waste Permit authorized by this ordinance. The Demolition and Construction Waste Permit shall be issued for a period of one year and each applicant shall pay therefore a fee of $35.00 for each Demolition and Construction Waste processing or disposal facility to be operated and an additional $35.00 for each transportation vehicle to be used.  If in the opinion of the Director, modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this ordinance, the Director shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.

SECTION 6.5– If the applicant does not make the modifications pursuant to the notice in 6.4 within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of Demolition and Construction Waste will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the re-application comply with the provisions of this ordinance.

SECTION 6.6– The annual Demolition and Construction Waste Permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified and with the presentation of a current copy of the state landfill permit. If the modifications have been made, the applicant shall reapply for a Demolition and Construction Waste Permit as set forth in Sections 6.2 and 6.3.  No Demolition and Construction Permit authorized by this ordinance shall be transferable from person to person.

SECTION 6.7– In order to insure compliance with the laws of this State, this ordinance and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management (including, but not limited, to both Demolition and Construction Waste and all other forms of solid waste) within the City of Rich Hill, Missouri.  No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this ordinance, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.

SECTION 6.8-In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the Demolition and Construction Waste Permit or Demolition and Construction Waste Permits involved in the violation, however, in those cases where an extension of time will Demolition and Construction Waste Permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.

SECTION 6.9– Any person who feels aggrieved by any notice of violation, or order issued pursuant thereto of the Director may within ten (10) days of the act for which redress is sought appeal directly to the City Council of Rich Hill, Missouri in writing, setting forth in a concise statement the act of being appealed and the grounds for its reversal.

SECTION 6.10– All motor vehicles operating under any Demolition and Construction Waste Permit required by this ordinance shall display the number or numbers on each side in color, which contrasts with that of the vehicle, such numbers to be clearly legible and not less than 4″ high.  Each Demolition and Construction Waste Permit for processing or disposal facilities shall be prominently displayed at the facility.

 

SECTION 7 DISPOSAL OF YARD WASTE

 

The City of Rich Hillhas a yard waste disposal site located at the north end of 5^th Street.  You may check a key out from City Hall from8:00 a.m. to sunset each day to deposit your yard waste.    The gate must be locked between each dump.  Key must be turned in as soon as possible and cannot be kept overnight.

 

SECTION 8. RULES AND REGULATIONS

 

The Director shall make, amend, revoke, and enforce reasonable and necessary rules and regulations, governing, but not limited to:

(a) Preparation, drainage and wrapping of garbage deposited in solid waste containers.

(b) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.

(c) Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.

(d) Weight limitations on the combined weight of solid waste containers and the contents thereof, and the weight of solid waste bundles and their size limitations on bundles of solid waste too large for solid waste containers.

(e) Storage of solid waste in solid waste containers.

(f) Sanitation, maintenance, and replacement of solid waste containers.

(g) Schedule of and routes for collection and transportation of solid waste.

(h) Collection points of solid waste containers.

(i) Collection, transportation, processing, and disposal of solid waste.

(j) Processing facilities and fees for the use thereof.

(k) Disposal facilities and fee for the use thereof.

(l) Records of quantity and type of wastes received at processing and / or disposal facilities.

(m)Handling of special wastes such as toxic hazardous wastes, sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.

The City Clerk or such other City official, who is responsible for preparing utility and other service charge billings for the City, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and / or disposal service charges, as hereinafter provided for. A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk of the City.

 

SECTION 9.  PROHIBITED PRACTICES

 

It shall be unlawful for any person to:

(a)      Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of the container and / or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal,

(b)      interfere in any manner with solid waste collection and transportation equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City, or those of a solid waste collection agency operating under contract with the City;

(c)      Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;

(d)      Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;

(e)      Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked.

(f)       Prohibited Solid Waste will include, but is not limited to:

• Yard Waste (grass clippings, brush, flowers, etc.)
• Tires
• Concrete and rock
• Waste oil
• Appliances
• Batteries
• Unmarked metal or plastic containers (5 gal buckets, 1 gallon cans, bottles)
• Gasoline Cans or gasoline tanks
• Any items that are not allowed in the solid waste processing facility.

 

SECTION 10. SERVICE CHARGES/ DEPOSITS

 

There is hereby imposed, for the collection and disposal of solid waste, and for the improvement of the general public health and environment, a service charge for each dwelling unit and each commercial establishment. 

(a) Residential Users – All residential users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri of $16.75 per month to be billed by the City ofRich Hilland paid by such residential users with other utility charges.  This rate shall entitle the user to one pickup weekly.

(b) Outside Residential Users – All outside residential users shall pay a deposit of 2 months billing before service can begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri of $17.95 per month to be billed by the City of Rich Hill and paid by such residential users with other utility charges.  This rate shall entitle the user to one pickup weekly.

(c) Commercial Users – All commercial users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri of $22.55 per month to be billed by the City ofRich Hilland paid by such commercial users with other utility charges.  This rate shall entitle the user to one pickup weekly.

(d) Outside Commercial Users – All outside commercial users shall pay a deposit of two months billing before services will begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri of $23.75 per month to be billed by the City of Rich Hill and paid by such commercial users with other utility charges.  This rate shall entitle the user to one pickup weekly.

(e) If a residential or commercial user that gets one pickup per week requires the truck to run the hopper more than once there will be an additional charge, of $5.00 minimum per cycle.

 (g) Dumpsters –  Dumpster fees are set by a user charge of $40.00 inside and a user charge of $42.00 outside (for businesses only) plus tonnage fees set by size of dumpster and number of pick ups.  Upon making application at City Hall and paying a deposit of the monthly rate equal to the number of pickups per week and the size of dumpster, a commercial or residential user may acquire the use of a dumpster.  At such time the user requests removal of the dumpster, any balance due upon dumpster charges will be deducted from the deposit and the remainder of the deposit, if any, will be refunded to the customer.  All commercial and residential users of a dumpster for refuse pickup and disposal shall pay a monthly charge to the City of Rich Hill, Missouri as follows:

 

                                             2 yd inside       2 yd outside   3 yd inside  3 yd outside      6 yd inside         

1 pick ups weekly	$77.00	$79.00	$95.50	$97.50	$151.00
2 pick ups weekly	$114.00	$116.00	$151.00	$153.00	$262.00
3 pick ups weekly	$151.00	$153.00	$206.50	$208.50	$373.00
4 pick ups weekly	$188.00	$190.00	$262.00	$264.00	$484.00

 

Dumpsters will be provided primarily to commercial users but also to residential users so long as the City ofRich Hillhas a dumpster available.

All dumpsters will be located to allow easy access by the refuse truck.  Any dumpster not accessible at the regularly scheduled pickup time OR any trash not in the dumpster at the time of pickup will be subject to an extra charge of $10.00 minimum.  In situations where the customer repeatedly overfills the dumpster, arrangements must be made for a larger dumpster or for more frequent pickups.

 (h)  Customers requiring disposal of bulky rubbish or demolition and construction waste are required to make arrangements for placement of a dumpster at the location where the solid waste collection is needed.  All deposits, fees, and regulations that are included in this ordinance are applicable.

(i)  Customers requiring disposal of garbage, including but not limited to commercial eating establishments may be required to apply for a dumpster at the discretion of the Director if the placement of the garbage for collection creates a public nuisance.

(j) One Time Dumpsters – Upon making an application at City Hall, request may be made for the use of a 2 yd dumpster you must have a utility account with the City ofRich Hilland must be inside the city limits.  The customer will pay in advance the $40.00 user fee plus the tonnage fees based on the number of pickups.  Pickups must be scheduled at the time of purchase.  Tonnage fees are ¼ of ton per pickup.  If at a later time you decide you need additional pickups you will be required to pay the user fee again and the tonnage fees per pickup.  If the dumpster is filled with heavy materials there may be additional tonnage charges added to your utility account.  The tonnage charge will be the same rate we are currently paying at the landfill, times the number of tons.  All temporary dumpsters will be regulated by the same requirements as permanent dumpsters.

(k) Rate Increase – After the passage of this ordinance the rate increase will be done the City Clerk presenting the council with a Rate Increase sheet that will consist of the following formulas:

1. Residential & Commercial Users – Get the total revenue needed by taking the budgeted revenues minus the total expenses plus the expected landfill fees.  Take total revenue needed X percentage projected trash to be collected divided by the number of users then divide that by 12 = total rate increase per month.
2. Dumpsters – Get the total revenue needed by taking the budgeted revenues minus the total expenses plus the expected landfill fees.  Take total revenue needed X percentage of projected trash to be collected divided by the number of dump cycles per year = total rate increase per dump cycle.

The system of services established by the provisions of this ordinance hereof is designed as an integral part of the City’s program of health and sanitation, to be operated as an adjunct to the City’s system for providing potable water and the City’s system for providing sewerage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any dwelling unit or owner of any commercial establishment to recover any sums due for such services plus a reasonable attorney’s fee to be fixed by the court, plus the costs of such action.

The service charge herein provided for is hereby imposed upon the occupant of each solid waste generating unit and the billing thereof shall be made to the person contracting for City water or for other water service or otherwise providing water service to each such dwelling unit. In the event the solid waste-generating unit is not serviced by City water, or in the absence of information that such person is neither the owner nor the tenant of such dwelling unit, in which event billing therefore shall be made to the owner. Service charges shall be payable to the department empowered to collect service charges imposed by the City.

 

SECTION 11. PENALTIES

 

Any person violating any of the provisions of this ordinance of any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than $5.00 no more than $500.00; provided that each day’s violation thereof shall be a separate offense for the purpose hereof. Violation of the yard waste disposal site key will be the refusal of the use of the facility. 

 

SECTION 12. BONDS

 

All persons obtaining permits to collect and transport solid waste to processing or disposal facilities shall provide adequate performance bonds in an amount to be established by the City Council of Rich Hill, Missouri.

SECTION 13. REPEALS

 

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

 

SECTION 14. SAVINGS CLAUSE

 

Nothing in this ordinance shall be deemed to affect, modify, amend, or repeal any provisions of any ordinance administered by the Missouri Health Department, the Missouri Department of Natural Resources or other department, board, commission, or agency of Missouri, unless that ordinance is specifically repealed in section 12.

 

SECTION 15. SEVERABILITY CLAUSE

The provisions of this ordinance are several and if any provisions or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this ordinance.

 

This ordinance shall become effective upon the 23rd day of November 2010.

 

Read two (2) times and approved this 23rd day of November 2010.

 

___________________________

Richard Miller, Mayor

 

ATTEST:

 

 

____________________

Rebecca Rich, City Clerk

 

 

Ayes: Thurman, Pilcher, Becker

Nays: None

Dahman was absent

 

            An Ordinance to authorize the Mayor to execute a contract between the City of

Rich Hill and theMissouriHighways and Transportation Commission

providing for purchasing right-of-way and constructing the roadway for a southern extension of 14^th Street with the understanding that ownership for the southern extension of 14^th Street, and also the existing northern portion of 14^th Street (Old Route 71), will be transferred to the City by means of a quitclaim deed at the conclusion of construction.

 

            Be it ordained by the City Council of Rich Hill as follows:

 

            Section 1.        That the Mayor is hereby authorized to execute on behalf of the City of Rich Hill an agreement with the Missouri Highways and Transportation Commission providing for purchasing right-of-way and constructing the roadway for a southern extension of 14^th Street with the understanding that ownership for the southern extension of 14^th Street, and also the existing northern portion of 14^th Street (Old Route 71), will be transferred to the City by means of a quitclaim deed at the conclusion of construction.

 

            Section 2.        That all ordinances or parts of ordinances therefore enacted which are in conflict herewith are hereby repealed.

 

            Section 3.        This ordinance shall be in full force and effect from and after the date of its passage and approval.  Read two times, passed and approved on the day of

October 26, 2010

 

APPROVED AS TOFORM

 

 

___________________________________

Mayor

 

 

 

Attest: 

____________________________________

City Clerk       

 

Ayes: Becker, Thurman, Pilcher

Nays: None

Dahman was absent

 

AN ORDINANCE OF THE CITY OFRICH HILL,MISSOURIREGULATING THE USE

OF THE CEMETERY AND CHARGES FORGRAVESAND BURIALS IN

GREENLAWNCEMETERY.

 

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

 

ARTICLE 1.  GENERAL PROVISIONS

 

Section 1.    Visitors

(a)    GreenlawnCemeteryis open to visitors from8:00 a.m.to 30 minutes prior to sunset except for one gate on the north and one gate on the south ofA Highwaywhich will be closed at8:30 p.m.year round.

(b)    All visitors are expected to respect the solemnity and beauty of the cemetery and strictly observe the rules established by the city for the purpose of securing quiet and good order at all times within the cemeteries.

 

Section 2.    Traffic Rules

(a)    No person or vehicle will be allowed to enter the cemetery except through entrances

 maintained for the public for such purpose, without permission of the sexton.

(b)    There shall be no driving allowed over the graves or upon the lawns under any

 pretense whatsoever, except for the normal maintenance and operation of the             cemetery.

(c)    Any driver who runs any vehicle upon the lawns, across gutters or anywhere else

 where damage results there from, shall be required to make good such damages.

(d)    The sounding of horns, sirens, or other audible signals within the cemetery is

 prohibited, except in connection with a funeral service.

(e)    Vehicles are not permitted to make U-turns upon roads but must go around the section

 

Section 3.    Detrimental trees or shrubs etc.

If any trees or shrubs situated on any grave shall, by means of their roots, branches,

or otherwise, become detrimental to the adjacent lots, avenues, or streets or dangerous or inconvenient to passengers, it shall be the duty of the city enter upon such grave and remove such trees or shrubs or parts thereof as may be detrimental, dangerous, or inconvenient.  Effective November 13, 2007, no one will be allowed except for the authorized employees of the City of Rich Hill to plant trees, shrubs, flowering plants, or other vegetation in the cemetery. 

 

Section 4.     Donations

All donations or bequests made by any person for the cemetery shall be made to the City’s cemetery fund, which funds, so received, shall be used for the cost of managing the fund for maintenance and upkeep of the cemetery.

 

 

 

Section 5.     Approval for special projects, improvements and construction

                     Any and all improvements, construction, beautification projects, road construction

                     or changes in roads, or any other changes or additions made in Greenlawn

                     Cemetery must be approved by the City Council prior to such installation, erection

                     construction or altercation.

 

ARTICLE 2.  INTERMENT

 

Section 1.    Mausoleums

Any form of burial, which will leave the remains above the level of the ground, is hereby prohibited, except in the cases where a mausoleum is in existence as ofMay 9, 2000.

 

Section 2.    Grave Space Costs

(a)     The cost of spaces inGreenlawnCemeteryshall be two hundred and fifty dollars

($250.00) for a standard four-foot by ten-foot grave space. The grave shall be paid in full before a deed can be issued.  If you purchase 4 graves at once the total cost will be eight hundred dollars ($800.00)

(b)     The City Clerk shall issue a Greenlawn Cemetery Deed to the purchaser of graves showing the location of the grave(s) and said deed shall be signed by the Mayor.

(c)     The City ofRich Hillwill allow payment plans for the purchase of cemetery grave spaces but the grave space must be paid in full before it may be used for a burial.  The purchaser must sign a written agreement.  There will a 5% fee for making payments.  Payment plans will be as follows:  1 grave 6 months, 2 graves 12 months, 3 graves 18 months, 4 graves 24 months.  If the payment plan is not paid in full by the end of the agreement the city will refund any money paid except for the 5% fee and a handling charge of $25.00. 

 

Section 3.     Perpetual Care

(a)     The cost of perpetual care inGreenlawnCemeteryshall be one hundred and twenty-five dollars

($125.00) per grave space to be payable to the city at the time of the sale of the grave or at the time of burial, whichever comes first afterOctober 28, 2008.

(b)    The principal of said Perpetual Care Fund shall not be used for any purpose

                      whatsoever and no money shall be transferred out of such perpetual care fund.

                      except for the purpose of being invested.

              (c)   The interest income derived from the perpetual care fund shall be used for the preservation, care, upkeep and adornment ofGreenlawnCemetery.

 

Section 4.      Regulation of Interments

(a)       Except as permitted by the provisions of subsections 1 hereof, the number of interments which may properly be made upon a grave is fixed at one (1) per grave space at the time of purchase, and no more will be permitted. 

 1.  A written request for cremated remains to be buried upon another interment or for a double burial must be approved by the Mayor and the City Superintendent or their authorized representative.

(b)       The arrangement and location of graves upon a lot is determined by the City, as it

is necessary that uniformity shall prevail.

(c)       No interment may be made unless authorized by the City Clerk for the City ofRich Hill.

(d)       Except in emergency cases, one working day’s notice is required for the preparation of a grave and interments are not to be made before10:00 a.m.or after4:00 p.m.

(e)       As a minimum, all standard interments will incorporate the use of a casket and a

concrete grave liner with lid in which the casket will be placed. Cremated or infant interments shall incorporate the use of a container approved by the City.

 

Section 5.      Regulation of Disinterment

                      Disinterment will be allowed only upon notarized written consent or request of the

                      purchaser of the grave, or surviving heir or heirs of a deceased purchaser, or by the     

                      appropriate court order, and only after permission in writing is first obtained from

the Mayor and in accordance with state law. Disinterment fee will be $750.00.  No disinterment shall be performed until the price herein specified has been paid.  The costs for the vault company to remove the vault shall be paid to the vault company. 

 

Section 6.     Interment Fees

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

Vault or box, weekday . . . . . . . . . . . . . . . . . . . $400.00

   Weekends & Holidays . . . . . . . . . . . . . . . . .  $450.00

Cremated remains, weekday . . . . . . . . . . . . . . $150.00

   Weekends & Holidays . . . . . . . . . . . . . . . .   $200.00

Infant remains, weekday . . . . . . . . . . . . . . . .   $300.00

   Weekends & Holidays . . . . . . . . . . . . . . . . . $325.00

(b)       For any special request for the closing of graves after4:30 p.m.on any day of the

week, the cost shall be the same as for weekends and holidays.            

(c)       No interment shall be performed until the price herein specified has been paid.

(d)       Approved double burials will be charged $500.00 for the burial that is double deep. If the second burial is not at the same time as the first burial the normal opening and closing costs will be paid at the time of second burial. 

 

ARTICLE 3GRAVES

 

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

No person shall set or place any foundation, monument, memorial, stone or marker of any sort including any Veteran’s marker withinGreenlawnCemeterywithout first obtaining a permit costing fifteen dollars ($15.00) from the City Clerk.  Additionally, such person must own the lot in the cemetery at the time of placement.  The cemetery sexton must be present when the work is done to determine compliance with the provisions of this article.  EffectiveNovember 13, 2007, the City will only permit the placement of head stones in the cemetery.  Any bench , foot marker, etc that was placed before November 13, 2007 will be allowed to remain in the cemetery as long as the bench , foot marker, etc is attached to the ground at that time. 

 

Section 2.     Concrete foundations required; depth.

                      Each monument, stone or marker placed withinGreenlawnCemeteryshall be set

                      or place on top of a concrete foundation no less than twenty-four (24) inches in

                      depth.  Monuments, stone or markers are to be set upon the concrete foundations

                      only after the concrete has set up. Placement of a marble or granite pad under any

                      monument, stone or marker withinGreenlawnCemeteryshall be permitted

                      provided placement is in compliance with all other provisions of this ordinance.

 

Section 3.      Continuous Concrete Aprons

No continuous concrete aprons shall be allowed to surround any monument, stone or marker placed inGreenlawnCemeteryin order to provide for greater ease of future maintenance inGreenlawnCemetery.

 

Section 4.     Use of grave for burial or memorial

                      The graves inGreenlawnCemeteryshall be sold only for the purpose of burying

                      human remains or for establishing memorials to deceased human beings.

 

Section 5.     Transfer ofGraves

                      The grave owner cannot sell or convey any grave in the cemetery without first

                      submitting a notarized statement giving written consent for the transfer to the City

                      Clerk.  All transfers must be made through the City Clerk and a new deed(s) for

                     GreenlawnCemeteryissued.  The cost of the transfer will be fifteen dollars

                      ($15.00).

 

Section 6.     Ornamentation of graves

(a)       The city retains control and supervision of all graves which are sold; and the city

retains the right to have its sexton enter upon any grave to prohibit, modify, or

remove any structure, object, improvement, or adornment of such grave, which may interfere with the maintenance and upkeep of the cemetery.

(b)       The use of glass containers on or around the graves inGreenlawnCemeteryis

expressly prohibited and will be removed if placed upon the grave(s).

(c)       All grave decorations or mementos will be removed by the cemetery sexton if the decorations or mementos interfere with the maintenance or upkeep, exceptions will be permanent vases that are attached to the stone or foundation, everything on the stone until it has deteriorated (the sexton will determine deterioration) and shepherd hooks as long as they are as close to the head stone as possible.

 

ARTICLE 4   RESTRICTIONS AND ENFORCEMENT

 

Section 1.     Misusing burial ground.

                     Any person who shall willfully destroy, disfigure, or injure any wall, fence,

                     hedge, monument, tombstone, tree or shrubbery around or within Greenlawn

                     Cemetery or misuse the same shall be prosecuted in accordance with section 4 of

                     this article.

 

Section 2.     Duties of the city and sexton regarding the cemetery

                     It shall be the duty of the City and the sexton to lay out all graves in

                     the city-ownedGreenlawnCemeteryand perform such other duties and work as

                     directed by the City Council; and all burials shall be done under their supervision.

 

 

Section 3.     Workmen subject to control of the city and sexton

                     All workmen employed in the construction of vaults, erecting monuments or other

                     similar activities shall be subject to the control and direction of the City

                    or sexton.

 

Section 4.     Penalty

Any person convicted of a violation of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and subject to a term of confinement of up to 6 months and/or a fine of $500.00.

 

Section 5.     Repealer

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

                     repealed.

 

This ordinance has been read two times and passed this 12^th day of October 2010.

 

 

___________________________________

Richard Miller, Mayor

 

ATTEST:

 

 

____________________________________

Rebecca Rich, City Clerk

Ayes: Thurman, Pilcher, Dahman, Becker  

Nays:

AN ORDINANCE VACATING A PART OF MYRTLE STREET IN THE CITY OF RICH HILL, MISSOURI LYING NEXT TO LOT  7 THROUGH 12 OF BLOCK 110 TOWN COMPANYS FIRST ADDITION:

 

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

 

WHEREAS, that portion of Myrtle Street, hereinafter described, as platted by dedication deed in the Office of the Recorder of Deeds of Bates County, Missouri, is not now used, and there is no need for its future use as a portion of said street by the public, and consequently it is deemed expedient and necessary to vacate and discontinue said portion of said street.;

 

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OFRICH HILL,MISSOURIAS FOLLOWS:

 

Section 1.

 

That all that part of the following described portion ofMyrtle Streetin the City of Rich Hill, Missouri is hereby vacated and discontinued and the City ofRich Hillhereby releases all claims thereto for the purposes of public street and highway;

 

The North 7 feet of that part ofMyrtle Streetwhich lies South of Lots 7 through 12 of Block 110 of Town Company’s First Addition to the City of Rich Hill, Missouri in the City ofRich Hill,Bates County,Missouri,

 

Section 2.

 

This Ordinance shall be in force and take effect from and its passage.

 

 

Read two times and approved this 13th day of October, 2009

 

__________________________________

Richard Miller, Mayor

 

 

 

__________________________________

Rebecca Rich, City Clerk

 

AYES: Billingsley, Pilcher, Dahman, Knowles

 

NAYES: None

AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT WITH AT&T/SBC LANDLINE

            WHEREAS, the City of Rich Hill of Bates, Missouri (the “Plaintiff”) is either a named plaintiff or a putative class member in a lawsuit to recover unpaid Business License Taxes (as defined in the Settlement Agreement described below), which lawsuit is styled State of Missouri, et al. v. SBC Communications, et al., No. 044-02645, and is pending in the Circuit Court of St. Louis City, Missouri (the “Lawsuit”); and

            WHEREAS, the Plaintiff and Defendants (as defined in the Settlement Agreement) wish to avoid the expense and uncertainty of continued litigation and desire to settle their dispute(s) without further litigation; and

            WHEREAS, a settlement agreement settling the Lawsuit was signed by the named plaintiffs (as class representatives) and Defendants, and was filed with and preliminarily approved by the Circuit Court of St. Louis City on June 26, 2009 (the “Settlement Agreement”); and

            WHEREAS, the Plaintiff and AT&T have conducted an investigation and evaluation of the facts and the law relating to the claims in the Lawsuit and believe that the Settlement Agreement is fair, reasonable, adequate and in the best interest of all of the parties; and

            WHEREAS, pursuant to the Settlement Agreement, the Plaintiff has received a Notice of AT&T Class Action Settlement and Approval Hearing, incorporated herein by reference, and an AT&T Landline Municipal Tax Settlement Claim Form, incorporated herein by reference, which identify the estimated Back Tax Payment (as defined in the Settlement Agreement) that will be paid and released to the Plaintiff pursuant to the Settlement Agreement after the Settlement Agreement becomes Final (as defined in the Settlement Agreement); and

            WHEREAS, the Plaintiff desires to approve and accept the Settlement Agreement and the estimated Back Tax Payment [and further desires to assign a portion of the proceeds to the St. Louis County or the Missouri Municipal League as provided therein];

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

            Section One.  The City of Rich Hill of Rich Hill, Missouri hereby approves, accepts, and adopts all terms and provisions of the Settlement Agreement as a binding and enforceable agreement between the City of Rich Hill of Rich Hill, Missouri and Defendants, and as if the City of Rich Hill of Rich Hill, Missouri was an original signatory thereto.

            Section Two.  The City of Rich Hill of Rich Hill, Missouri further approves the estimated Back Tax Payment of $9.96 as shown on the AT&T Landline Municipal Tax Settlement Claim Form (subject to adjustment as provided by the Settlement Agreement), along with the other relief provided in the Settlement Agreement, as adequate consideration for the release of claims by the City of Rich Hill of Rich Hill, Missouri against Defendants.

            Section Three.  The Mayor of the City of Rich Hill of Rich Hill, Missouri, on behalf of the Plaintiff, is hereby authorized and directed to execute the AT&T Landline Municipal Tax Settlement Claim Form and any other documents necessary under the Settlement Agreement.

            Section Four.  This Ordinance shall be in full force and effect after passage and approval as required by law.

            PASSED AND APPROVED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL OF RICH HILL, MISSOURI, THIS 8^TH DAY OF SEPTEMBER 2009.

 

________________________                        _______________________

Richard Miller, Mayor                                  Rebecca Rich, City Clerk

 

AYES: Billingsley, Pilcher, Dahman, Knowles

NAYS: None  

 

AN ORDINANCE REGULATING THE SIDEWALKS, STREETS AND ALLEYS OF THE CITY OF RICH HILL, BATES COUNTY, MISSOURI.

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

 

ARTICLE I

Obstruction of Sidewalks, Streets and Alleys; Use While Under Repair

 

Section 1         Except as provided for in Section 2 of this Article I, it shall be unlawful for any person, without permission obtained from the Board of Alderman, to place or keep any obstructions on the sidewalks, streets or alleys of the City, including but not limited to, fences, porches, buildings, stairways, cellar steps, or any other stationary object that may interfere with the full and free use of the sidewalks, streets or alleys of the City by the public.  In the event of any violation of this Section, the offender upon conviction shall be liable, in addition to the punishment provided for in Article VI of this Ordinance, for the cost of removing such obstruction when such removal shall be done upon the order of the Board of Alderman and at the expense of the City of Rich Hill.

 

Section 2         Section 1 of this Article I shall not be construed to prevent or prohibit:

1. merchants, mechanics, business persons or other persons from receiving and/ or transporting upon or over the sidewalks, streets and alleys of the City any article, object, or thing which may be necessary to them in connection with their business or occupation, so long as it is done so in a manner that will not unreasonably interfere, as far as the duration of time and extent of the obstruction, with  the use of the sidewalks, streets or alleys by others; or
2. The use or not more than two (2) feet of the sidewalk next to a commercial building for the purpose of displaying goods and wares in front of said commercial building.

 

Section 3         Except in case of a medical or property emergency, no person who shall use or attempt to use any street or highway in any manner whatsoever which is in the process of construction and/or repair, where such use could cause injury and/or adversely affect or delay the work being undertaken on said street or highway, without the consent of the City or the contractor, his or its agent or foreman undertaking such work.  Nothing contained in this Section shall apply to personnel of the City fire, police or other departments while in the regular discharge of their official duties.

 

Section 4         The City of Rich Hill or a contractor for the City of Rich Hill has the right to remove any brush, trees, weeds or grass that is blocking the view or interfering with any utilities along any right of way of any street or alley.  The removal of any brush, tree limbs or tree, weeds or grass will only be removed along or upon the city’s right of way of any street or alley. 

 

 

 

 

 

ARTICLE II

Repair and Maintenance of Sidewalks

 

Section 1 Duties of Owner

 

1. It shall be the duty of every owner(s) of any property fronting or abutting on any public sidewalk in the City to keep the public sidewalk in front of or abutting on such property in good repair and free of litter, debris, and snow.  Any person owning and/or occupying real estate within the City of Rich Hill which abuts a public sidewalk shall clear any snow which has accumulated to a depth of 1 inch or more from said sidewalk within twenty-four (24) hours of such accumulation.
2. In the event the Board of Aldermen should determine that a sidewalk should be constructed within the City, it shall be the duty of the property owner whose property abuts the area where the sidewalk is to be constructed to build the sidewalk at the property owner’s expense in accordance with the requirements of this Article II.
3. In an effort to assist the property owner in complying with the property owner’s duties with respect to the construction, repair or maintenance of a sidewalk, the Board of Aldermen will provide the following assistance to a property owner; 

Upon contacting city hall, arrangements may be made with the city superintendent by signing a work order for the city to use its equipment and labor for the disposal of the old sidewalk at no charge to the property owner.  The city will also haul rock, by the ton (which is one backhoe bucket scoop), provided a work order has been placed at city hall and the rock is paid for in advance.  There is no hauling charge for the rock. This service will be provided upon the availability of labor and equipment at the time it is requested.

 

Section 2         Specifications for Sidewalks

 

• All sidewalks which are to be constructed or repaired by a property owner in accordance with Article II of this ordinance shall comply with the following specifications:300 psi concrete (5 ½ sack mix)
• 4 inch thickness
• concrete joints every 4 feet or as long as they are in conformity with the surrounding sidewalk sections
• slump of 4 inch maximum
• 5 ½ % air (better for protection from salt damage)
• slope for run off
• light broom finish for traction

The Board of Aldermen recommends that you place a seal where the sidewalk meets the street

 

Section 3         Notice to Build or Repair Sidewalk

 

Whenever the Board of Aldermen shall determine, by ordinance, to have any public sidewalk constructed or repaired, the Board shall cause at least a 15 day notice, in writing, to be served on the owner(s) of any real estate abutting such sidewalk of its intent to require such construction or repair.  Said notice shall require such owner(s) to begin to build, repair or complete the building and/or repairing of any such sidewalk in a reasonable time thereafter as provided by the Board of Aldermen in said notice. 

 

Such notice shall contain a description of the real estate involved, a general description of the condition of the existing sidewalk to be repaired or the sidewalk to be constructed, and the time for compliance with such construction or repair requirement.

 

Written notice, if it cannot be personally hand delivered to the property owner, can be personally served by depositing such notice in the U.S. Postal Service by certified mail and shall be addressed to the owner at his last known address.  The mailing certification shall constitute personal service for purposes of this section.

If the notice in writing cannot be personally served or if the owner(s) are unknown and cannot be personally served as provided above,  the Board shall cause a four (4) weeks’ notice to be published in a daily or weekly newspaper published in Bates County, Missouri  setting forth all information as required in the written notice.

 

Section 4         Failure to Build or Repair

If at the expiration of the time of compliance as provided in such notice the owner(s) have not commenced to build or repair such sidewalk and complete the same in a reasonable time thereafter, in the judgment of the Board, said Board may cause such sidewalk to be built or repaired at the expense of the City.  The cost and expense of building or repairing such sidewalk shall be certified as a tax bill in accordance with Section 6 of this Article II.

 

Section 5         Charges for City Work

 

The following charges may be assessed as special tax bills for the work performed by the City under Section 4 of this Article II.

1. Labor for City employees will be at the rate of $20.00 per hour per employee.
2. Use of City equipment will be charged at the established rate for rental of equipment.
3. Cost of any purchase of materials
4. The cost of the ownership and encumbrance report.
5. Administrative costs shall also be collectible and shall be included in the Special Tax Bill which will include a $50 processing fee in addition to the cost of postage and advertising.

Section 6         Tax Bill

In connection with any work undertaken by the City in accordance with sections 4 and 5 of this Article II, the City Clerk shall cause a special tax bill therefore against the property to be prepared and to be collected by the City Collector with other taxes assessed against the property.  The tax bill from the date of its issuance shall be a first lien on the recitals therein and of its validity, and no mere clerical error of informality in the same or in the proceedings leading up to the issuance shall be a defense thereto.  Such tax bills, if not paid when due, shall bear interest at the rate of 18% per annum.

At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years.

ARTICLE III

Culverts and Ditches

 

The following are the standards and requirements to be followed by all property owners within the City in connection with the installation of culverts and maintenance of ditches in the City of Rich Hill.

 

Section 1         Specification for Culverts:

(a) Culvert pipe or tube must be constructed of concrete, galvanized steel or high density polyethylene and must be designed for use as a culvert.

(b) The size and length must be approved by the City Superintendent to allow adequate drainage.

 

Section 2         At the discretion of the City, ditches may be dug and culverts replaced to optimize the drainage of water from the streets and properties in Rich Hill.  If there is an existing culvert in place and it is not damaged as to where the water will not drain the city will reinstall the culvert at no charge to the property owner.  If the culvert needs to be larger in diameter and the existing culvert is not damaged as to where the water will not drain the City will install the larger culvert.  If there is no culvert or the culvert is damaged enough that the water will not drain and the property owner desires a culvert or a longer or multiple culverts, the property owner will be responsible for paying the cost of the culverts in advance of installation and by making application to City.

 

Section 3         In circumstances where the property owner has no culvert and the City determines it is necessary to ditch along the property to correct drainage problems, the following procedure shall be followed:

a)     Reasonable notice shall be given to the property owner, in writing, that a ditch will be dug along the property.  If the property owner can not be contacted, the City may continue with the procedure.

b)     If the property owner desires a culvert, the property owner will be responsible for paying the cost of the culvert in advance of installation and by making application at City Hall.

 

Section 4         Upon making application for and payment of the cost of the culvert by the property owner, the City will install a culvert with a minimum length of 20 feet and a maximum length of 30 feet.

 

Section 5         The property owner has the option of installing their own culvert but must meet the minimum requirements as specified in this Section 1.

 

Upon completion of installation, the culvert must be inspected by the City superintendent or his representative for compliance with the provisions of this Section.

 

ARTICLE IV

Alleys

Section 1         The City will install, replace, and maintain culverts at alleys; however, the City does not maintain the alley itself.

 

ARTICLE V

Curb, Guttering and Drive Entrances of Streets

 

Section 1         The city superintendent or his designee shall inspect all construction of all curbing, guttering, and driveways to ensure compliance with the following criteria.  Any area used as a driveway will require a culvert pipe.

 

Section 2         Prior to any construction of curbing and guttering and drive entrances of streets, the property owner shall make application at City Hall for approval of proposed construction.  Application must be approved by the Board of Aldermen prior to commencement of construction.

 

                        Approval of the application for construction shall be contingent upon the property owner providing a survey completed for the purpose of establishing the boundary lines for the property owner and the city’s public right of way.  If a survey must be performed the cost of the survey will paid by the property owner paying half and the City paying half.  Said survey shall be provided to the City Superintendent before application can be approved.

 

Section 3         In an effort to assist the property owner in complying with the property owner’s duties with respect to the construction, repair or maintenance of curbing and guttering and driveways, the Board of Aldermen will provide the following assistance to a property owner; 

 

Upon contacting city hall, arrangements may be made with the city superintendent by signing a work order for the city to use its equipment and labor for the disposal of the old concrete that has been torn out and excess dirt  at no charge to the property owner.  The city will haul rock, by the ton (which is one backhoe bucket scoop), provided a work order has been placed at city hall; however, the rock must be paid for in advance.  There is no delivery charge for the rock and the rock will only be piled up at the worksite. This service will be provided upon the availability of labor and equipment at the time it is requested.

 

Section 4         No curbing and guttering or driveway shall be constructed that shall obstruct or interfere with the use of any sidewalk by pedestrians or the use of any public street for motor vehicle traffic or that shall obstruct or interfere with the drainage of surface water upon any sidewalk or public street.

 

Section 5         All curbing and guttering shall be constructed to conform to the grades of the improved public street upon and along which the same is to be constructed and to conform to the grade of any public sidewalk that may adjoin such curbing and guttering.

 

Section 6         All driveways constructed upon any public street area or that shall connect with or discharge upon any public street shall be constructed to conform to the grade of the improved street to which the same may connect or upon which the same may discharge and shall be constructed to conform to the grade of any public sidewalk or drain pipe over or through which the same may be constructed.

 

Section 7         The grade of any public street or sidewalk shall be as has been established by the city superintendent or as otherwise lawfully established.

 

Section 8         The minimum size of culvert pipe shall be 10 inches in diameter (or larger if necessary to allow adequate flow of water as determined by city superintendent) with a minimum of 20 feet and a maximum of 30 feet in length.  The culvert pipe shall be constructed of concrete, galvanized steel, or high density polyethylene and must be designed for use as a culvert.

 

Section 9         There shall be maintained a minimum of six inches of fill over the top of the drainage pipe.

 

Section 10       The owner of the property served by a driveway is responsible for the maintenance and safekeeping of the driveway within the public right-of-way.  Any such driveway or entrance conduit that collapses, clogs or otherwise fails in its purpose, shall be repaired or replaced within a reasonable time after such failure by the property owner or other responsible person.

 

Section 11       In the event any person constructs any curbing and guttering or driveway, the construction of which is regulated by this article, that does not meet the requirements of this article the city superintendent shall advise the Board of Aldermen.  The Board of Aldermen shall cause the same to be removed and may cause the same to be replaced, all at the cost of the person causing the same to have been so constructed.

ARTICLE VI

Violations

Any person violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment for a period not exceeding 120 days or by both such fine and imprisonment.

ARTICLE VII

Repeal of Conflicting Ordinance

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

 

This ordinance shall become effective upon the 24^th day of March 2009.

 

Read two (2) times and approved this 24th day of March 2009.

 

___________________________

Richard Miller, Mayor

 

ATTEST:

 

____________________

Rose Entrikin, City Clerk

 

Ayes:  Billingsley, Dahman, Knowles

Nays:  None

McDaniel was absent

 

AN ORDINANCE VACATING ALL OF THE ALLEY LYING NORTH OF LOTS 7-12 AND SOUTH OF LOTS 1-6 IN BLOCK 165 IN THE TOWN COMPANY’S SECOND ADDITION IN RICH HILL, MISSOURI

 

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

 

Section 1.  That the entire alley lying North of Lots 7-12 and South of Lots 1-6 in Block 165 in the Town Company’s Second Addition of the City of Rich Hill, Missouri be vacated.

 

All ordinances or parts or ordinances in con­flict with this ordinance are hereby repealed including Ordinance 1070.

 

Section 2.  This ordinance shall take effect and be in force from and after its passage and approval.

 

Read two times and passed this 23rd day of September 2008.

 

 

______________________________

Richard Miller, Mayor

ATTEST:

 

 

 

______________________________

Rose Entrikin, City Clerk

 

Ayes: Billingsley, McDaniel, Dahman, Knowles

Nays: None

 

AN ORDINANCE VACATING ALL OF SYCAMORE STREET FROM 5^TH STREET WEST TO FAYETTE STREET IN THE CITY OF RICH HILL, MISSOURI

 

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

 

Section 1.  That all of Sycamore Street which runs East and West from 5^th Street going west to Fayette Street be vacated in the City of Rich Hill, Missouri .

 

Section 2.  This ordinance shall take effect and be in force from and after its passage and approval.

 

Read two times and passed this 23rd day of September 2008.

 

 

 

________________________________                   

Richard Miller, Mayor

 

Attest:

 

 

 

_______________________________

Rose Entrikin, City Clerk

 

 

Ayes:  Billingsley, McDaniel, Dahman, Knowles

Nays:  None

 

AN ORDINANCE TO PROVIDE FOR LICENSING REQUIREMENTS FOR THE OPERATION OF EXISTING SALVAGE YARDS AND TO PROHIBITING NEW SALVAGE YARDS.

 

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

 

Section 1.    Definitions

 

“Salvage Yard” means   a place of business where salvage is collected and held for the purpose of dismantling and wrecking, or for the purpose of salvaging any part of the same.  It shall also include any lot, lots or parcels where two or more vehicles which cannot be moved under their own power are stored for a period longer than thirty days.

 

“Person” means individuals, partnerships, corporations and associations.

 

“City” means the City of Rich Hill, Missouri.

 

Section 2.     License required

 

No salvage yard shall be established or operated within the City without a license for such operation having been previously issued by the City prior to the effective date of this Ordinance.  Any salvage yard being operated in the City as of the effective date of this ordinance under a license previously issued by the City shall be required to purchase an annual renewal license at the rate of 25.00  upon the expiration of the period of time for which said salvage yard shall have been previously licensed.    Applications for an annual renewal   license   for the operation of a salvage yard shall be filed with the City Clerk by May 15 of each year, and a renewal of a license shall be effective for a one year period beginning June 1 and ending May 31 the following year. All licensed fees collected under this Ordinance shall be made payable to the City of Rich Hilland deposited to the credit of the General Fund.  No salvage yard not previously licensed as of the effective date of this Ordinance shall be operated within the City,   and no license shall be renewed as to any salvage yard violating the provisions of this Ordinance or for which a renewal license has not bee applied for by May 15. 

 

Section 3.   Keep Clean

 

All salvage yards licensed under the provisions of this Ordinance shall be kept reasonably clean.

 

Section 4.   Screening

 

No renewal license shall be issued to any salvage yard within the City and no salvage yard shall conduct business within the City unless said salvage yard is screened from public streets and highways by a tight board fence, the lumber of which is in reasonably good appearance, or by other screen fence of reasonably good materials, appearance, and construction, not less than six (6) feet high or of sufficient height to screen the salvage yard kept within from view of persons using the public streets and highways within the City on foot or vehicle in the ordinary manner.  Such screen fence shall be kept in good repair at all times and shall be painted if necessary to make said fence of reasonably good appearance. 

 

Section 5.   Prohibition On New Salvage Yards. 

 

No salvage yard not previously licensed for operation within the City as of the effective date of this Ordinance, nor any salvage yard previously licensed but for which a renewal license has not been applied for and/or granted,  shall be operated within the City on and after the effective date of this Ordinance.   Except for the renewal of licenses for those salvage yards that have been previously licensed for operation within the City prior to the effective date of this Ordinance,   no new licenses for the operation of a salvage yard within the City shall be granted on and after the effective date of this Ordinance.

 

Section 6.   Remedies For Violation

 

1. Any violation of this Ordinance shall be deemed as a misdemeanor and shall upon conviction therefore be punishable with a fine not less than $25.00 and not more than $500.00 and/or ninety (90) days in jail.

 

1. In addition to the other remedies provided for in this Ordinance, the City Attorney is hereby authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction to restrain any person from violating any provision of this ordinance.

 

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed as to the extent of such conflict.

 

Read two times and passed this 13^th day of May, 2008

 

__________________________________________

Richard Miller, Mayor

 

 

__________________________________________

Rose Entrikin-City Clerk

 

Ayes: Billingsley, McDaniel, Dahman, Knowles

Nays: None