AN ORDINANCE OF THE CITY OF RICH HILL OF BATES COUNTY MISSOURI CONCERNING ACCEPTANCE AND COMPLIANCE WITH VARIOUS REQUIREMENTS TO OBTAIN FINANCIAL ASSISTANCE FROM THE UNITED STATES OF AMERICA, ACTING THROUGH THE UNITED STATES DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT.

BE IT RESOLVED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI AS FOLLOWS:

Section 1. (Definition)

 

1. City ofRich Hillwill also be reference as “applicant”, “participant” and “grantee” throughout this document.
2. United States of America, acting through the United States Department of Agriculture, Rural Development, will also be referenced as USDA Rural Development and “RD” throughout this document.

Section 2. (Certifications)

 

The following listed forms with instructions are attached hereto and fully incorporated as if set forth herein and are approved by the Board of Aldermen and the Mayor of the City is hereby authorized to execute said forms and submit them on behalf of the City:

1. Standard Form 424D (4-92), Assurances- Construction programs.
2. Form RD 400-1 (9/96), Equal Opportunity Agreement.
3. FormUSDA RD400-4 (3-97), Assurance Agreement.
4. Form AD-1047 (1/92), Certification Regarding Debarment, Suspension and other responsibility matters-Primary Covered Transactions.
5. Form AD-1049 (2-89), Certification Regarding Drug Free Workplace Requirements (Grants) Alternative I-for grantees other than individuals.  This form is applicable only when a USDA grant is being made.
6. Form USDA-RD 1910-11 (11/98), Applicant Certification Federal Collection Policies for consumer or commercial debts.  This Form is applicable only when a USDA loan is being made.
7. FmHA Instructions 1940-Q, Exhibit A-1 (8-21-91), Certification for Contracts, Grants and Loans

Section 3. Miscellaneous Provisions.

 

1. If any section, subsection or part of this ordinance, whether large or small, and whether set forth or incorporated herein by reference, is for any reason held invalid, the invalidity thereof shall not affect the validity of any of the other provisions of this ordinance, whether large or small, and whether set forth or incorporated herein by reference.
2. If any section, subsection or other part of this ordinance is found to be in conflict with an actual form set forth or referred to herein, the version of the form which is in effect on the date of this instrument will be applicable.
3. The Signature of the Mayor and the attestation by the City Clerk to this ordinance shall act as the signature and attestation to each and every one of the requirements and forms set forth and incorporated by reference in the Sections and subsections of this ordinance as fully as if signed and attested to on individual documents or forms for each.

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

Read two times and passed this 24^th day of May 2005.

The Vote was:  Yeas: Steuck, Turner, Heckadon, Miller  

Nays: None

Absent: None

 

 

                                                                                          ________________________

                                                                                         Tammy Williams

                                                                                          Mayor

Attest:                                                                               

 

 

___________________________

Rose Entrikin

City Clerk

 

CERTIFICATE

 

I, the undersigned, as City Clerk of City of Rich Hill do hereby certify that the Board of Alderman is composed of four members, of whom four, constituting a quorum, were present at a meeting thereof duly called and held on the date passed; that the foregoing Ordinance was adopted at such meeting by the vote shown above;  that passage of the foregoing Ordinance is reflected in the official minutes of said meeting; and that said ordinance has not been rescinded or amended in any way.

 

Dated this 24^th day of May, 2005.

 

                                                                              ____________________________

                                                                             Rose Entrikin

                                                                              City Clerk

 

AN ORDINANCE REPEALING ORDINANCE NUMBER 1203 POLICE DEPARTMENT POLICY MANUAL

WHEREAS, by Bill No. 188, Ordinance No. 1203 passed on the 4^th day of April 2004, the City ofRich Hill adopted the Police Department Policy Manual.

WHEREAS, after the adoption of said Police Department Policy Manual, it was determined that this ordinance is in conflict with our current city ordinances. 

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

That Bill No. 188, Ordinance No. 1203 of the City of Rich Hill, Missouri is hereby repealed.

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

Read two times and passed this 10^th day of May 2005

___________________________________

Tammy Williams, Mayor

ATTEST:

____________________________________

Rose Entrikin-City Clerk

Ayes:  Steuck, Turner, Heckadon, Miller

Nays:  None

                       

 

4.         The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this Ordinance which would then be given effect not withstanding such invalid part or parts.

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

 

6.  Within ten (10) days after the approval of this ordinance the City Clerk shall forward to the Director of Revenue of the State ofMissouribyUnited Statesregistered mail or certified mail, a certified copy of this ordinance

READ TWO TIMES AND PASSED THIS 12^th DAY OF APRIL 2005.

_____________________________

Tammy Williams, Mayor

ATTEST:

_____________________________

Rose Entrikin, City Clerk

Ayes: Steuck, Turner, Heckadon, Miller

Nays: None

 

                                            CERTIFICATION BY THE CITY CLERK

 

STATE OFMISSOURI           )

) as

COUNTYOFBATES             )

 

I, Rose Entrikin, Clerk of the City of Rich Hill, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for the correction of Bill No. 218, Ordinance 1230 of the City of Rich Hill, Missouri is a true and correct copy of the Ordinance No. 1230 duly adopted by the Board of Alderman of the City of Rich Hill, Missouri at their regular of meeting on the 12^TH day of April 2005.

 

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

 

                                                                              

______________________________________

Rose Entrikin, Clerk ofCity of Rich Hill,Missouri 

 

AN ORDINANCE ESTABLISHING THE MUNICIPAL COURT AS A DIVISION OF THE 27^TH JUDICIAL CIRCUIT OF THE STATE OF MISSOURI; CREATING THE OFFICE OF MUNICIPAL JUDGE; DEFINING THE POWERS AND DUTIES OF SUCH OFFICE; PROVIDING FOR A CLERK OF THE MUNICIPAL COURT; AND PROVIDING FOR THE PAYMENT OF COURT COSTS AND FINES

WHEREAS, the voters of the State ofMissouridid adopt a new judicial article to theMissouriConstitution designed to reform the judicial system of the state; and

WHEREAS, the state legislature has passed a new statute designed to amplify the new judicial article, a portion of which statute (to be known as Chapter 479 of the Revised Statutes of Missouri) relates to municipal courts; and

WHEREAS, the city has the option of continuing its present municipal court as a division of the circuit court of this county or of abolishing its municipal court and allowing the state maintained court system to handle the city’s municipal ordinance violations; and

WHEREAS, the City ofRich Hilldesires to retain its court, reconstituting the same as a division of the Circuit Court of Bates County, Missouri.

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

Article 1

Section 1.  There is hereby established in this city a municipal court, to be known as the “Rich Hill Municipal Court, a Division of the 27^th Judicial Circuit Court of the State ofMissouri”.  This court is a continuation of the police court of the city as previously established, and is termed herein “the municipal court”.

Section 2.  The jurisdiction of the municipal court shall extend to all cases involving alleged violations of the ordinances of the city.

Section 3.  The judge of the City’s Municipal Court shall be the Associate Circuit Judge ofBates County,Missouri.

Section 4.  The Associate Circuit Judge shall hold office as the City’s Municipal Judge until such time as the Board of Aldermen shall enact an ordinance to the contrary.

Section 5.  The municipal judge shall vacate his office under the following circumstances:

1. Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges, as provided in Missouri Supreme Court Rule 12, or
2. Upon attaining his 75^th birthday.

Section 6.  The municipal judge shall possess the following qualifications:

1. He need not be a licensed attorney qualified to practice law within the State ofMissouri.
2. He must be a resident of the State ofMissouri
3. He must be between the ages of 21 and 75 years.
4. He may serve as a municipal judge for any other municipality.
5. He may not hold any other office within the City Government.
6. The municipal judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.

Section 7.  The municipal court of the city shall be subject to the rules of the circuit court of which it is a part, and to the rules of the State Supreme Court.  The municipal court shall be subject to the general administrative authority of the presiding judge of the circuit court, and the judge and court personnel of said court shall obey his directives.

Section 8.  The municipal judge shall cause to be prepared within the first ten days of every month a report indicating the following:

            A list of all cases heard and tried before the court during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of cost, the name of the defendants committed and in the cases where there was an application for trial de novo, respectively. 

Section 9.  The municipal judge shall be a conservator of the peace.  He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records as may be required.  Such docket and records shall be records of the circuit court ofBatesCounty.  The municipal judge shall deliver the docket and records of the municipal court, and all books and papers pertaining to his office, to his successor in office or to the preceding judge of the circuit.

Article 2

Section 1.  The municipal judge shall be and is hereby authorized to:

1. Establish a Traffic Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and section 479.050 of the Revised States ofMissouri.
2. Administer oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine and imprison for contempt committed before him while holding court, in the same manner and to the same extent as a circuit judge.
3. Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the municipal judge deems necessary relative to any matter that may be pending in the municipal court.
4. Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the municipal court and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.  Any and all rules made or adopted hereunder my be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate, or conflict with, the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, or state statutes.
5. The municipal judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this state, this code or other ordinances of this city.

Section 2.  Should the municipal judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same.  The City Clerk is hereby designated as the Traffic Violations Clerk for said Bureau, if established.

Section 3.  All warrants issued by a municipal judge shall be directed to the City Marshal, Chief of Police, or any other police officer of the municipality or to the Sheriff of the County.  The warrant shall be executed by the Marshal, Chief of Police, Police Officer, or Sheriff any place within the limits of the county and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and when so endorsed, shall be served in other counties, as provided for in warrants in criminal cases.

Section 4.  The City Marshal, Chief of Police, or other police officer of the City may, without a warrant, make arrest of any person who commits an offense in his presence, but such officer shall, before the trial file a written complaint with the judge hearing violations of municipal ordinances.

Section 5.  Any person charged with a violation of a municipal ordinance of this city shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an associate circuit judge.  Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the municipal court shall certify the case to the presiding judge of the circuit court for reassignment, as provided in Section 2 of Section 517.520, Revised Statutes of Missouri.

Section 6.  It shall be the duty of an attorney designated by the municipality to prosecute the violations of the city’s ordinances before the municipal judge or before any circuit judge hearing violations of the city’ ordinances. The salary or fees of the attorney and his necessary expenses incurred in such prosecutions shall be paid by the city.  The compensation of such attorney shall not be contingent upon the result in any case.

Section 7.  It shall be the duty of the municipal judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary.  The fees of witnesses shall be the same as those fixed for witnesses in trials before associate circuit judges and shall be taxed as other costs in the case.  When a trial shall be continued by a municipal judge it shall not be necessary to summon any witnesses who may be present at the continuance; but the municipal judge shall orally notify such witnesses as either party may require to attend before him on the day set for trial to testify in the case, and enter the names of such witnesses on his docket, which oral notice shall be valid as a summons.

Section 8.  If, in the progress of any trial before a municipal judge, it shall appear to the judge that the accused ought to be put upon trial for an offense against the criminal laws of the state and not cognizable before him as a municipal judge, he shall immediately stop all further proceeding before him as municipal judge and cause the complaint to be made before some associate circuit judge within the county.

Section 9.  If in the opinion of the municipal judge, the city has no suitable and safe place of confinement, the municipal judge may commit the defendant to the county jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a Warrant of Commitment from the judge to receive and safely keep such prisoner until discharged by due process of law.  The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his custody.  The same shall be taxed as cost.

Section 10.  Any judge hearing violations of municipal ordinances may, when in his judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before said judge.

Section 11.  The defendant shall have a right to a trial de novo, even from a plea of guilty, before a circuit judge or an associate circuit judge.  Such application for a trial de novo shall be filed within ten days after the judgments and shall be in the form as provided by Supreme Court rules.

Section 12.  In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate appellant court.

Section 13.  In the case of a breach of any recognizance entered into before a municipal judge or an associate circuit judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff.  Such action shall be prosecuted before a circuit judge or associate circuit judge, and in the event of cases caused to be prosecuted by a municipal judge, such shall be on the transcript of the proceedings before the municipal judge.  All monies recovered in such actions shall be paid over to the municipal treasury to the general revenue fund of the municipality.

Section 14.  A municipal judge shall be disqualified to hear any case in which he is in anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the judge.  Neither the defendant nor the municipality shall be entitled to file more than one affidavit or disqualification in the same case.

Section 15.  If a municipal judge be absent, sick or disqualified from acting, the Mayor may request the Presiding Judge of the Twenty – Seventh Judicial Circuit of the Sate of Missouri, to appoint some suitable person to act as Municipal Judge until such absence or disqualification shall cease.

Article 3

The City Clerk or their designated person is hereby designated as the Clerk of the Municipal Court.

The duties of said clerk shall be as follows:

1. To collect such fines for violations of such offenses as may be described, and the court costs thereof.
2. To take oaths and affirmations.
3. To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him or her.
4. Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas ducus tacum.
5. Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Traffic Violation Bureau cases or as directed by the municipal judge; generally act as Violation Clerk of the Traffic Violation Bureau.
6. Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the municipal judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by statute.
7. Maintain, properly certified by the city clerk, a complete copy of the ordinances of the city of the municipality, which shall constitute prima facia evidence of such ordinance before the court.  Further, to maintain a similar certified copy on file with the clerk serving the circuit court of this county.

Article 4

Section 1.  The City Clerk is directed to file a certified copy of this ordinance with the circuit clerk of this county, the same to serve as official notification of the city’s intention to retain its municipal court.

Section 2.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 3.  The invalidity of any section, clause, sentence, or provision 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 4.  This ordinance shall take effect after its passage and approval.

Section 5.  Any ordinance or parts of ordinances in conflict with this ordinance is hereby repealed.

READ TWO TIMES AND PASSED THIS 22^ND  DAY OF FEBRUARY 2005.

APPROVED THIS 22^ND DAY OF FEBRUARY 2005

______________________________

Tammy Williams, Mayor

ATTEST:

_____________________________

Rose Entrikin, City Clerk

Ayes:  Steuck, Turner, Heckadon, Miller

Nays:  None

 

 

CERTIFICATION BY THE CITY CLERK

 

STATE OFMISSOURI             )

) as

COUNTYOFBATES               )

 

I, Rose Entrikin, Clerk of the City of Rich Hill, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance is a true and correct copy of the Ordinance No.  1225 duly adopted by the Board of Alderman of the City of Rich Hill, Missouri at their regular of meeting on the 22^ND day of February 2005.

 

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

 

                                                                              

______________________________________

Rose Entrikin, Clerk ofCity of Rich Hill,Missouri 

 

 

AN ORDINANCE PROVIDING FOR THE DELETION OF CERTAIN REAL ESTATE ERRONEOUSLY INCLUDED IN A PREVIOUSLY ADOPTED ANNEXATION ORDINANCE.

WHEREAS, by Bill No. 109, Ordinance No. 1128  passed on the 22^nd day of May, 2001 (the “Annexation Ordinance”),  the City of Rich Hill annexed into the City at the request of certain property owners certain real estate that was contiguous to the then present corporate limits of the City; and

WHEREAS, after the adoption of said Annexation Ordinance, it was determined that certain of the parcels described therein were erroneously included in the Annexation Ordinance and neither the property owner requesting annexation, the actual owners of the erroneously included parcels nor the City of Rich Hill intended to include in the Annexation Ordinance the erroneously included real estate; and

WHEREAS, the Board of Alderman of the City of Rich Hill, Missouri has determined that the inclusion of the erroneously described real estate in the Annexation Ordinance was a mutual mistake and corrective action should to be taken by this Ordinance to delete from said Annexation Ordinance the erroneously included real estate.

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

1.         That Bill No. 109, Ordinance No. 1128 of the City of Rich Hill, Missouri is hereby corrected, nunc pro tunc,  to exclude there from and from the real estate annexed by that Ordinance into the City Of Rich Hill, Missouri the following described real estate, to-wit:

a.  N 646.5’  of the SW quarter  of the NW quarter  lying W. of New Hwy 71 and E or Old Hwy 71 R/W (exc W 275’ of S 404’ thereof;) of  section 9, township 38N range 31W, Bates County Missouri

b.   That part of the Southwest Quarter of the Northwest Quarter of Section 9, Township 38 North, Range 31 West of the 5^th Principal Meridian in Lot 210 on Town Company’s Fourth Addition to Rich Hill, Bates County, Missouri, described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section 9, thence on an assumed bearing of North 02 degrees 19 minutes 01 seconds East a distance of 953.20 feet along the West line of said Section 9 to the point of beginning of the land to be described; thence continuing on North 02 degrees 19 minutes 01 seconds East a distance 127.00 feet, thence South 88 degrees 16 minutes 54 seconds East a distance 275.00 feet; thence South 02 degrees 19 minutes 01 seconds West a distance of 127.00 feet; thence North 88 degrees 16 minutes 54 seconds West a distance of 275.00 feet to the point of beginning.  Subject to easement for public road off the West and subject to all other recorded easements of record.

c.  That part of the Southwest Quarter of the Northwest Quarter of Section 9, Township 38 North, Range 31 West of the 5^th Principal Meridian in lot 210 in Town Company’s Fourth Addition to Rich Hill; Bates County, Missouri, described as follows: Commencing at the Southwest corner of the Northwest Quarter of said Section 9, thence on an assumed  bearing of North 02 degrees 19 minutes 01seconds East a distance of 826.20 feet along the West line of said Section 9 to the point of beginning of the land to be described: thence continuing on North 02 degrees 19 minutes 01 seconds East a distance of 127.00 feet; thence South 88 degrees 16 minutes 54 seconds East a distance of 275.00 feet; thence South 02 degrees 19 minutes 01 seconds West a distance of127.00 feet; thence North 88 degrees 16 minutes 54 seconds West a distance of 275.00 feet to the point of beginning. Subject to easement for public road off the West and subject to all other recorded easements of  record.

d.  That part of the Southwest Quarter of the Northwest Quarter of Section 9,  Township38 North, Range 31 West of the 5^th Principal Meridian in Lot 210 in Town Company’s Fourth Addition to Rich Hill, Bates County, Missouri, described as follows: Commencing at the Southwest Corner of the Northwest Quarter of said Section 9; thence on an assumed bearing of North 02 degrees 19 minutes 01 seconds East a distance of 676.02 feet along the west line of said Section 9 to the point of beginning of the land to be described:  thence continuing on North 02 degrees 19 minutes 01 seconds East a distance of 150.00 feet; thence South 88 degrees 17 minutes 05 seconds East a distance of 275.00 feet; thence South 02 degrees 19 minutes 01 seconds west a distance of 150.00 feet; thence North 88 degrees 17 minutes 05 seconds West a distance of 275.00 feet to the point of beginning. Subject to easement for public road off the west and subject to all other recorded easements of record.

2.         That the corporate limits of Rich Hill, Missouri are hereby modified, retroactive to and as of May 21, 2001, to exclude the above described real estate from the corporate limits of the City of Rich Hill, Missouri, and henceforth the boundary line of the City of Rich Hill, Missouri shall enclose, except for the real estate described in this ordinance, the real estate described in Bill No. 109, Ordinance 1128.

3.         That the appropriate City officials of the City ofRich Hillare hereby directed to refund to the owners of the property described herein any City real estate taxes which have been held in escrow by the City pending the correction of the legal descriptions contained in Bill No. 109 of Ordinance 1128.

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

 

5.         The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this Ordinance which would then be given effect not withstanding such invalid part or parts.

6.         This ordinance shall be in full force and effect from and after its passage and approval as provided by law.   Three certified copies of this ordinance shall be immediately filed with the Clerk of the County Court of Bates County, Missouri to affect the correction of the legal boundaries of the City ofRich Hillas provided for herein.

READ TWO TIMES AND PASSED THIS 22^ND DAY OF FEBRUARY 2005.

_____________________________

Tammy Williams, Mayor

ATTEST:

_____________________________

Rose Entrikin, City Clerk

Ayes: Steuck, Turner, Heckadon, Miller

Nays: None

 

                                              CERTIFICATION BY THE CITY CLERK

 

STATE OFMISSOURI            )

) as

COUNTYOFBATES              )

 

I, Rose Entrikin, Clerk of the City of Rich Hill, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for the correction of Bill No. 109, Ordinance 1128 of the City of Rich Hill, Missouri is a true and correct copy of the Ordinance No.  1223 duly adopted by the Board of Alderman of the City of Rich Hill, Missouri at their regular of meeting on the 22^ND day of February 2005.

 

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

 

                                                                              

______________________________________

Rose Entrikin, Clerk ofCity of Rich Hill,Missouri 

 

            AN ORDINANCE CALLING A SPECIAL ELECTION ON A REVENUE BOND QUESTION IN RICH HILL, MISSOURI.

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

            Section 1.         The Board of Aldermen finds it necessary and hereby declares its intent to borrow $750,000 for the purpose of extending and improving the combined waterworks and sewerage system of the City including, without limitation, acquiring and constructing a new water tower, water clarifier covers, a new clear well, improvements to the water treatment plant and other waterworks improvements (the “Project”) and to evidence such borrowing by the issuance of combined waterworks and sewerage system revenue bonds (the “Bonds”) of the City in the amount of $750,000.

            Section 2.         A special bond election is hereby ordered to be held in Rich Hill, Missouri, concurrently with the primary election, onTuesday, August 3, 2004, on the following question:

QUESTION

Shall Rich Hill, Missouri, issue its combined waterworks and sewerage system revenue bonds in the amount of $750,000 for the purpose of extending and improving the combined waterworks and sewerage system of the City including, without limitation, acquiring and constructing a new water tower, water clarifier covers,  a new clear well, improvements to the water treatment plant and other waterworks improvements, the cost of operation and maintenance of said combined waterworks and sewerage system and the principal of and interest on said revenue bonds to be payable solely from the revenues derived by the City from the operation of its combined waterworks and sewerage system, including all future improvements and extensions thereto?

            The authorization of the Bonds will authorize the City to fix, establish, maintain and collect rates and charges for the services provided by the City through its combined waterworks and sewerage system, including all extensions and improvements thereto hereafter constructed or acquired by the City, in addition to the other rates and charges for such services provided by law, as will produce income and revenues sufficient to provide funds to pay the costs of operation and maintenance of said combined waterworks and sewerage system and the principal of and interest on the Bonds as they become due and to provide for the establishment of reasonable reserves therefor.

            Section 3.         The form of Notice of Special Election showing said question, a copy of which is attached hereto and made a part hereof, is hereby approved.

            Section 4.         The City Clerk is hereby authorized and directed to notify theCountyClerk ofBates County,Missouri, of the passage of this Ordinance no later than5:00 P.M. onTuesday, May 25, 2004, and to include in said notification all of the terms and provisions required by Chapter 115, RSMo, as amended.

            Section 5.         The City expects to make expenditures on and after the date of passage of this Ordinance in connection with the Project, and the City intends to reimburse itself for such expenditures with the proceeds of the Bonds.  The maximum principal amount of Bonds expected to be issued for the Project is $750,000.

            Section 6.         The City hereby engages the firm of Gilmore & Bell, P.C.,Kansas City,Missouri, as bond counsel with respect to the Bonds.

            Section 7.         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 this 11th day of May, 2004.

(SEAL)                                                                                    _______________________________________

Mayor

ATTEST:

_________________________________

City Clerk

Ayes: Steuck, Turner, Heckadon and Miller

Nays: None

 

BILL NO.185                              ORDINANCE NO. 1200

AN ORDINANCE ESTABLISHING THE RESPONSIBILITY OF PARENTS, GUARDIANS, AND OTHER PERSONS AS HEREIN DEFINED CONCERNING THEIR OBLIGATION TO ENSURE THAT CHILDREN, WARDS, AND MINORS UNDER THEIR CONTROL ATTEND THE SCHOOL IN WHICH THEY HAVE ENROLLED AS A STUDENT, CONTAINING DEFINITIONS AND IMPOSING PENALTIES THEREFORE

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

SECTION ONE.  No parent, guardian, or other person in this city having charge, control, or custody of a child between the ages of seven and sixteen years of age shall, without excuse or exemption, knowingly permit said child to absent himself from attendance at a public, private, parochial, parish, or home school on such dates, and during such hours, as the school may be regularly in session.

SECTION TWO.  Such parent, guardian, or other person shall be deemed to have knowledge of a child’s unexempted, unexcused absence from school after having received notification of same from a  police officer or school representative.

SECTION THREE.  PENALTY CLAUSE.  Any person convicted of a violation of this section shall be guilty of a misdemeanor and shall be  fined in an amount of not less than $25.00.  Each  day that any violation hereunder continues shall constitute a separate offense subject to the penalty provided in this section.

This ordinance shall be in full force from and after its date of approval.

Read two times and passed this 24^th day of February, 2004

_________________________________

Tammy Williams, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Turner, Humble, Greco, Miller

Nays:  None

AN ORDINANCE IMPOSING A TAX FOR THE PURPOSE OF PROVIDING FUNDS FOR OPERATION AND MAINTANCE OF THE POLICE DEPARTMENT, REPAIR AND MAINTENANCE OF FIRE DEPARTMENT EQUIPMENT AND FACILITY, AND MAINTENANCE AND IMPROVEMENT TO CITY PARKS SYSTEM ON ALL SELLERS FOR THE PRIVILEGE OF ENGAGING IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY OR RENDERING TAXABLE SERVICES AT RETAIL AT THE RATE OF ONE PERCENT (1%) ON THE RECEIPTS FROM THE SALES AT RETAIL OF ALL TANGIBLE PERSONAL PROPERTY OR TAXABLE SERVICES ARE SUBJECT TO TAXATION BY THE STATE OF MISSOURI UNDER THE PROVISIONS OF SECTIONS 144.010 TO 144.510 RSMo., PURSUANT TO THE AUTHORITY GRANTED BY AND SUBJECT TO THE PROVISIONS OF SECTION 94.500 TO 94.570 RSMo., AND PROVIDING FOR SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED VOTERS OF SAID CITY FOR THEIR APPROVAL AT THE GENERAL ELECTION CALLED AND TO BE HELD IN SAID CITY ON April 6, 2004.

 

            WHEREAS, under the provisions of Sections 94.500 to 94.570 RSMo., the cities of the state are empowered to impose by ordinance, for general purposes, a tax for operation and maintenance of the police department, repair and maintenance of fire department equipment and facility, and maintenance and improvement to city parks system on all sellers for the privilege on engaging in the business of selling tangible personal property or rendering taxable services at the rate of one-half on one percent, at seven-eighths of one percent, or at one percent on the receipts from the sales at retail on all tangible personal property or taxable services at retail within any city adopting such tax, if such property and services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.510 RSMo., and the City of Rich Hill desires to avail itself of such authorization and within the terms hereof; and

           

WHEREAS, under the provisions of Sections 94.500 to 94.570 RSMo. no ordinance enacted pursuant to the authority granted by the provisions of said Sections shall be effective until it has been submitted to the qualified voters of the city and approved by a majority of the qualified voters voting thereon.

 

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

 

            Section 1.  Pursuant to the authority granted by the subject to the provisions of Sections 94.500 to 94.570 RSMo., a tax for major water improvements and for street improvements and repairs purposes is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in Section 144.010 to 144.510 RSMo., and the rules and regulations of the Director of Revenue issued pursuant thereto.  The rate of the tax shall be one percent (1%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of Rich, Missouri, if such property and taxable services are subject to taxation by the State of Missouri, if such property and taxable services are subject to taxation by the State of Missouri, under the provisions of Sections 144.010 to 144.510 RSMo.  The tax shall become effective as provided in subsection 4 of Section 94.510 RSMo., and shall be collected pursuant to the provisions of Sections 94.500 to 94.570 RSMo.,

 

Section 2.  This ordinance shall be submitted to the qualified voters of the City of Rich Hill, Missouri, for their approval, as required by the provisions of Section 94.510 RSMo., at the general election hereby called and to be held in said city on Tuesday, the 6^th day of April, 2004.  The ballot Title will be:

___Yes            Shall there be a city sales tax of one percent in the City Of Rich Hill, Missouri?

___No             Ordinance No. _1198__ of the City of Rich Hill, Missouri, imposes a city sales tax at the rate of 1% of the receipts on the sales at retail of all goods and services subject to sales tax imposed by the State of Missouri for the purpose of providing funds for continued operation and maintenance of a full time police department, fire department and parks system.  One half cent to be used for the continued operation and maintenance of the police department, one fourth cent to be used for repair and replacement of fire department equipment and facility, and one fourth to be used for the maintenance of and improvements to the city park system. 

 

            The voter who desires to vote in favor of said ordinance shall place a cross mark (x) in the square opposite the word “Yes”.  The voter who desires to vote against said ordinance shall place a cross mark (x) in the square opposite the word “No”.

 

            If a majority of the qualified voters voting at said election shall vote in favor of the approval of the approval of this ordinance, then the same shall be binding and full force and effect.

 

            Section 3.  Within ten (10) days after the approval of this ordinance by the qualified voters of the City of Rich Hill, Missouri, the City Clerk shall forward to the Director of Revenue of the State of Missouri by United States registered mail or certified mail, a certified copy of this ordinance together with the certifications of the election returns and accompanied by a map of the city clearly showing the boundaries thereof.

 

            Section 4.  The City Clerk is hereby authorized and directed to prepare and cause to be published a notice of said election in substantially the following form, to-wit:

 

NOTICE OF ELECTION

 

            Notice Is Hereby Given That An Election Will Be Held In The City of Rich Hill, Missouri, On

Tuesday, The Sixth Day Of April, 2004

 

            For the purpose of submitting to the qualified electors of the City of Rich Hill, Missouri, the following proposition:

 

PROPOSITION NUMBER 1

SHALL THERE BE A CITY SALES TAX OF ONE PERCENT IN THE CITY OF RICH HILL, MISSOURI?

 

_______YES

_______NO

 

ONLY QUALIFIED VOTERS OF THE CITY OF RICH HILL MISSOURI SHALL BE ALLOWED TO VOTE ON THIS PROPOSITION.

 

THE POLLING PLACES SHALL BE SAME AS THE POLLING PLACES FOR THEREGULARCITYELECTIONS TO BE HELD ONTUESDAY, APRIL 6, 2004

 

Ordinance No. _1198__ of the City of Rich Hill, Missouri, imposes a city sales tax at the rate of 1% of the receipts on the sales at retail of all goods and services subject to sales tax imposed by the State of Missouri for the purpose of providing funds for continued operation and maintenance of a full time police department, fire department and parks system.  One half cent to be used for the continued operation and maintenance of the police department, one fourth cent to be used for repair and replacement of fire department equipment and facility, and one fourth to be used for the maintenance of and improvements to the city park system.        

 

            Section 5.  Taxes provided by this ordinance, assuming that it is approved by the qualified voters of the City of Rich Hill, Missouri, shall become effective on the first day of the second calendar quarter after the Director of Revenue received the notice provided in Section 3 above.

 

            Section 6.  All revenue received by the City of Rich Hill, Missouri, as a result of the tax hereby created shall be placed in escrow for major water improvements and a special fund for the exclusive purpose of purchasing asphalt, oil and rock for street improvements and repairs within the City.

 

            Section 7.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

            Section 8.  Except as provided herein, this ordinance shall be in full force and effect from and after its passage and approval by law.

 

            Read the two times and passed this 23^rd day of December 2003.

 

___________________________

Tammy Williams, Mayor

 

ATTEST:

 

___________________________

Rose Entrikin, City Clerk

 

Ayes: Turner, Humble, Greco

Nays: None

 

Miller was absent

AN ORDINANCE PROVIDING FOR THE HOLDING OF AN ELECTION WITHIN AND FOR THE CITY OF RICH HILL, MISSOURI, ON THE QUESTION OF THE APPOINTMENT OF A COLLECTOR AND SETTING THE TIME AT WHICH SAID ORDINANCE SHALL BECOME EFFECTIVE.

Be it ordained by the Board of Alderman of the City ofRich Hillas follows:

WHEREAS, Section 79.050, Missouri Revised Statutes, provides that the Board of Alderman may provided by ordinance, after approval of a majority of the voters voting at an election at which the issue is submitted, for the appointment of Collector; and

WHEREAS, the Board deems it advisable and in the best interests of the citizens of the City ofRich Hillto appoint a Collector;

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

Section 1  

That an election shall be and the same is hereby called and ordered to be held in the City of Rich Hill, Missouri on the 6^th day of April 2003, for the purpose of submitting to the qualified electors of said city the following proposition:

Proposition No. 1

“Shall the Board of Alderman of the City of Rich Hill, Missouri appoint by city ordinance a person to the position of Collector to serve at the Board’s discretion as provided for in Section 79.050 of the Revised Statutes of Missouri (2003).”

Section 2  

That the Election Authority of theCountyofBates,Missouri(hereinafter, the “Election Authority”) shall conduct the election.  Not later than5:00 p.m.on the eighth Tuesday prior to the election, the City Clerk of the City is hereby directed to notify the Election Authority of the election.  The notice shall be in writing and shall specify that the city is calling the election, the purpose of the election, the date of the election, and it shall include a certified copy of the legal notice to be published and the sample ballot.

Section 3 

That notice of the special election shall be given by the Election Authority by causing legal notice thereof to be published in the manner required by applicable law (Chapter 115.127, Revised Statutes of Missouri, as amended).  The legal notice of the election shall include the purpose, date and time of the election, the name of the officer or agency calling the election, a sample ballot and the location of the polling place or places.

Section 4

That said election will be held at the polling places designated by the Election Authority pursuant to Section 115.115 RSMo in the city.

Section 5

That the special election shall be held and conducted and the results thereof shall canvassed in all respects in conformity with the Constitution and the laws of the State ofMissouri.  The judges of the election shall be selected and appointed by the Election Authority, in accordance with applicable law.  The returns of the election shall be certified to the City by the Bates County Election Authority.  The City Clerk and the Election Authority are hereby authorized to take all action necessary or appropriate such that the election shall be conducted in full compliance with the requirements of applicable law and particularly the Comprehensive Election Act of 1977 (Chapter 115 Revised Statutes of Missouri, as amended).

Section 6

That this ordinance shall be in full force and effect from and after it passage and approval.

Passed this 25^th day of November 2003.

_________________________________

Tammy Williams, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Ayes: Turner, Humble, Greco, Miller

Nays: None

Notice of Election 

Notice is hereby given that an election will be held in the City of Rich Hill, Missouri, on Tuesday, the 6^th day of April, 2003 for the purpose of submitting to the qualified electors of the City of Rich Hill, Missouri, the following proposition:

Proposition No. 1

“Shall the Board of Alderman of the City of Rich Hill, Missouri appoint by city ordinance a person to the position of Collector to serve at the Board’s discretion as provided for in Section 79.050 of the Revised Statutes of Missouri (2003).” 

YES

 

NO