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

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     WHEREAS, the Mayor has presented to the Board of Alderman an amendment to the budget for the fiscal year beginning on January 1, 2023, and

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

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

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

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

     Section 4:  Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Read two times and passed this 13^th day of December, 2023.

_________________________________

Nathan Kassner, Mayor

Attest:

________________________________

Casey Crews, City Clerk

Ayes: Bonham, Tourtillott, Simon

Nays: None

Absent: Entrikin

AN ORDINANCE LEVYING GENERAL, PARKS AND RECREATION, LIBRARY, AND HEALTH TAXES IN THE CITY OF RICH HILL, FOR THE TAX YEAR 2023

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

Section 1:         That for the support of the government of the City of Rich Hill, Missouri, and to meet the contractual obligations of said City, for the tax year 2022, general, parks and recreation, library, and health taxes are hereby levied on all property subject to taxation within the corporate limits of the City of Rich Hill, Missouri, as follows: 

1. For General purposes:                           0.6016 on the $100.00 valuation.
2. For Parks and Recreation purposes:        0.2427 on the $100.00 valuation.
3. For support of the Rich Hill Library:      0.2074 on the $100.00 valuation.
4. For Health purposes:                              0.1261 on the $100.00 valuation.

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

READ two times and PASSED by the Board of Aldermen of the City of Rich Hill, Missouri, and APPROVED by the Mayor of Rich Hill, this 16^th day of August, 2023.

__________________________                                                           

Nathan Kassner, Mayor

ATTEST:                                                                      Ayes: Bonham, Entrikin, Tourtillott, Simon

                                                                                     Nays: None

__________________________

Casey Crews, City Clerk

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

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

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

SECTION 2:  
a. All elected and appointed officials as well as employees of a political subdivision, serving in an executive or administrative capacity, must comply with Section 105.454 RSMo on conflicts of interest as well as any other state law governing official conduct.

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

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

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

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

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

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

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

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

SECTION 4: 
a. The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year.

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

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

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

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

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

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

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

1^ST READING 16^TH DAY OF AUGUST 2023
2^ND READING 16^TH DAY OF AUGUST 2023

PASSED THIS 16^TH DAY OF AUGUST 2023

__________________________________

Nathan Kassner, Mayor

ATTEST:                                                        Ayes: Tourtillott, Simon, Entrikin, Bonham

                                                                         Nays: None

___________________________

Casey Crews, City Clerk                   

AN ORDINANCE FOR THE CITY OF RICH HILL, MISSOURI TO MAKE POPLAR STREET FROM 5^th to 3^rd STREET WITHIN THE CITY OF RICH HILL, MISSOURI, A ONE-WAY STREET.

WHEREAS, pursuant to Section 304.120 RSMo., municipalities, by ordinance, may establish one-way streets and provide for the regulation of vehicles thereon;

WHEREAS, the Board of Aldermen finds it to be in the best interest for the health, safety, and welfare of the citizens of Rich Hill Missouri to make Poplar Street, extending from 5^th to 3^rd Street, a one-way street in the direction going East to West.

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

SECTION ONE.  That Poplar Street, extending from 5^th to 3^rd Street, shall hereby be a one-way street in the direction going from East to West. 

SECTION TWO.  Moreover, by virtue of this Ordinance, the City is hereby permitted to place requisite signage along this portion of Poplar Street to advise right-of-way users of the one-way nature of Poplar Street extending from 5^th to 3^rd Street.  

SECTION THREE.  The provisions of any ordinance or code section in conflict with any provision of this Ordinance are hereby repealed to the extent of such conflict.

SECTION FOUR.  This ordinance shall be in full force and effect from and after the date of its passage and approval.

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

PASSED THIS 16^TH DAY OF AUGUST, 2023, BY THE BOARD OF ALDERMEN FOR THE CITY OF RICH HILL MISSOURI

First Read on the 16^th day of August, 2023.

Second Read on 16^th day of August, 2023.

Roll Call Vote:            Yeas: Bonham, Simon, Entrikin, Tourtillott

                                     Nayes: None
APPROVED BY THE MAYOR THIS 16^TH DAY OF AUGUST, 2023.

                                                            ____________________________________

                                                            Nathan Kassner, Mayor

Attest:

__________________________                                                       

Casey Crews, City Clerk       

AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF THE WATER SUPPLY SYSTEM TO BE CONSTRUCTED AND OWNED BY THE CITY OF RICH HILL, MISSOURI

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

Section 1 – General
These Rules and Regulations are adopted to govern the water services provided by the Owner in a uniform manner for the benefit of the Owner and its water Users and are subject to change as herein provided without notice to any water Users or any other person. All changes shall be approved by the State Director of the United States Department of Agriculture, Rural Development as long as the Owner has unpaid obligations that are held or insured by the United States of America. Any amendment or change to the Rules and Regulations shall be effective on the date the amendment or change is passed by the Owner or on any date as the Owner may designate. An amendment or change shall not be effective unless approved by the USDA, Rural Development, as provided herein. If approval is given by the USDA, Rural Development, the approval shall be retroactive to the date of the change or amendment, as provided herein or as otherwise provided by the Owner. If any portion of these Rules and Regulations are declared invalid by competent authority, that invalidity shall not affect the validity of the remaining provisions.

Section 2 – Definitions
The following expressions, words and terms when used herein shall have the meaning stated below:

Applicant: Any individual, firm, partnership, corporation, Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government, or other agency applying for a Water User’s Agreement.

City: Rich Hill, Missouri

Consumer: See “User or Consumer” below.

Customer: See “User or Consumer” below

Landowner: Any person owning property or who has a leasehold interest therein with more than one year to run that is served by the water system of the Owner. The term “landowner” shall also include life tenants, but the Owner may, at its discretion, require remainder men to enter into any agreement with the property owner required pursuant to these Rules and Regulations. The remainder men shall be bound by these Rules and Regulations in all respects.

Multiple-unit residence: A dwelling unit housing more than one family, and shall include duplexes, triplexes, fourplexes, apartments and all similar structures and residences,

Owner or City: Rich Hill, Missouri

Point of Delivery: The point of delivery shall be at the meter, unless otherwise specified in the Water User’s Agreement or in any other agreement where it is mentioned.

Service: The availability of water for the User, subject to the provisions of these Rules and Regulations. Service shall be available when the Owner maintains the water supply at a minimum of 20 p.s.i. pressure at the point of delivery, with the service line static, in readiness for the User, regardless of whether the User uses the water.

State Director: The State Director of the USDA, Rural Development for Missouri.

User or Consumer: Any individual, firm, partnership, corporation, Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government, or other agency receiving water and waste services, or to whom water services are made available from the Owner’s facilities pursuant to a written Water User’s Agreement.

Water Purveyor: Designated employee of the City who shall oversee the water distribution system.

Water Service: A water service shall consist of facilities for supplying water to one residence or business establishment located on land within the jurisdiction of the Owner.

Water User’s Agreement: The written contract between the water User and the Owner pursuant to which water service is supplied or made available.

Section 3 – Rate Schedule

1. Rate schedules for water and water service shall be set by the Owner. The rate schedule is subject to change by the Owner, with the approval of the State Director of the USDA, Rural Development. If a provision of the Rules and Regulations conflicts with the provision of the rate schedule, the provision of the rate schedule shall prevail.
2. If the total amount of revenue and income derived from the water rates is insufficient to meet the payment of the costs of operation, maintenance, depreciation, necessary extensions and enlargements and payment of the principal and interest on any general and special obligation bonds then outstanding, with their attendant obligations pursuant to the terms of the bonds and the authorizing resolutions, the Owner shall increase the water rates the first month and each month thereafter in an amount sufficient to meet these costs and obligations.
3. The rate for water service to customers of the waterworks by the City shall be as listed in the City Fee Schedule.
4. The Missouri Primacy Fee for water customers served by the City shall be as listed in the City Fee Schedule.
   The annual Missouri Primacy Fee for water customers served by the City shall be prorated as a charge on each monthly utility billing, beginning on the September 1, 2006 utility billing. The City shall remit to the Missouri Department of Revenue (DOR) such portion of the Missouri Primacy Fee collected from customer accounts that are owed to the DOR.

Section 4 – Applications
Users shall submit a written application for a Water User’s Agreement to the Owner. The Owner shall prescribe the form of the application.

Section 5 – Water Users’ Bills

1. Bills for water service shall be mailed by the first day of the month following the close of the period for which the service was received. All bills for water service shall be due and payable on the 15th day of the month. When the 15th day of the month falls on a day that city offices are closed, the bill shall be due on the next business day. Payment must be received by 5:00 p.m. at City Hall.
   • If the bill remains due and unpaid thereafter, a late charge as listed in the City Fee Schedule will be assessed. Delinquent amounts and late charges shall be due and payable on the 20th day of the month by 5:00 p.m. When the 20th day of the month falls on a day that city offices are closed, the bill shall be due on the next business day.
   • Delinquent amounts less than the amount listed in the City Fee Schedule will be added to the next regular bill with no further notification and service will not be subject to termination.
   • If the delinquent bill is not paid by the 20th day of the month, service shall be disconnected without the necessity of notice to the User. An administrative fee listed in the City Fee Schedule will be assessed to the User’s account. Service will only be reinstated upon full payment of the delinquent amount, late charges and administrative fee. Payments received after 3:00 p.m. will be scheduled for reconnection on the next business day.
   • Failure of the User to receive a service bill shall not excuse the User from his, her or its obligation to pay for the water used when the bill is prepared.
   • The Owner, its agents or employees shall not suffer any liability for any damage resulting to the User or any property of the User or the landowner of the property occupied by the User. The Owner, its agents and employees shall not be liable to the User or the landowner for any property used, held, occupied, rented or leased by the User when disconnection is made according to these Rules and Regulations, and it shall be immaterial that notice of such disconnection was not given to the User or to the property owner.
2. The City shall read every meter each month on the 15th day of the month or the closest working day to the 15th. If the meter reader cannot get to the meter for any reason, the following steps shall be followed.
   • The first time, the meter reading shall be estimated, and the User shall receive a letter stating the problem.
   • The 2nd second time, the meter reading shall be estimated, the User shall pay an additional charge as listed in the City Fee Schedule, and the User shall receive a letter stating the problem.
   • The third time, the service shall be disconnected and shall remain disconnected until the problem is resolved and all fees for disconnection have been paid. Fees are listed in the City Fee Schedule.
3. When a customer has a water leak and would like an adjustment of their water usage, the customer shall submit a request to City Hall to have the leak verified by City staff or contractor. An adjustment on the basis of a water leak must meet the following requirements:
   • The customer shall have an account with the City for at least one year before that account can receive an adjustment.
   • The leak shall be in a water pipe only, (under the house or out on the property), and visible to the naked eye.
   • The leak shall exceed a minimum of 2,000 gallons above the customer’s average bill to be eligible for a water adjustment.
   • The leak must be repaired before the customer can submit a request for an adjustment to City Hall. Once the leak has been repaired, the customer shall submit a request to City Hall for verification by City Staff or contractor to verify that the leak has been repaired.
4. City staff may make the adjustment to the bill. The bill shall be adjusted to the customer’s most recent 12 month average (on the particular property where the leak occurred)_prior to the leak. If the leak extends into a second month’s bill, both bills shall be adjusted in the same manner.
5. Provided the criteria stipulated in Section 5 of this Ordinance have been met, a Customer shall be entitled to 2 adjustments of their water usage on that particular property reflected on their bill. These two adjustments shall be granted by City staff. If the Customer has exhausted these 2 adjustments, the Customer may ask the Board of Aldermen for an additional adjustment on the basis of a leak, provided the requirements of this Section 5 as amended have been met. Notwithstanding, the Board of Aldermen is in no way obligated to grant such an adjustment.
6. If an adjustment is due to any other reason than a water leak, an adjustment request shall be made by the customer in person before the Board of Alderman at the regular Board meeting. If all criteria for an adjustment due to a water leak are not met, the request shall be made to the Board of Alderman, who then will make a final decision. Board of Aldermen is under no obligation to grant an adjustment.
7. A User may receive one extension per year on his or her bill. A year shall run from January 1st to December 31st. The user shall have an active account with the City for 6 months. The User shall pay 25% of the bill at the time the extension is given and shall pay 25% per week until the bill is paid in full.

Section 6 – Service

1. Readiness to Accept: Before installing a service extension and providing water, the Owner may require the Applicant to pipe his home and be ready to accept the service.
2. Service for Sole Use of the Water User:
   • The standard water service connection shall be for the sole use of the User and shall not permit the extension of pipes to transfer water from one property to any other person or business.
   • The User shall not share, resell or sub meter water to any other person or business. If an emergency or specific situation makes such an arrangement advisable, it shall be done only on specific written permission of the Owner for the duration of the emergency.
   • No more than one residence shall be served by one water service connection. A farm containing one residence and other buildings for use in the farming operation shall be considered as one residence, and the User may use water from one meter for all such buildings.
   • When a farm contains two or more residences, a meter shall be required for each residence unless the Owner finds that requirement to be a significant hardship upon the User. Under that circumstance, a special agreement may be made concerning the additional residence. The rules for a multiple-unit dwelling shall be applied to determine the rate for a farm containing two residences, but only one meter.
3. Hardship Agreements: When the location of the meter would, in the Owner’s opinion, cause undue hardship and expense on the User, the Owner may enter into a special agreement whereby a right-of-entry is granted to the Owner to read a meter placed on private property for remotely located residences or remotely located water uses. A special agreement shall be in writing, and no User or Applicant for service shall have any right to force the Owner to enter into a special agreement. A special agreement shall be entered into solely at the discretion of the Owner. The Owner may in the alternative apply the multiple-unit residence rule stated in these Rules and Regulations.
4. Continuity of Service/Owner Not Liable:
   • The Owner shall make all reasonable efforts to provide notice of service interruption for making repairs, connections, extensions or for other necessary work. Whenever possible, efforts shall be made to notify Users who may be affected by interruptions.
   • The Owner shall not be liable for losses that occur due to or for:
     • necessary interruptions;
     • interruptions to service for any other cause;
     • failure to notify any User of any interruption.
5. Installation/Removal Fees:
   • A water tap is a water pipe installed by the City’s water personnel or a contractor authorized by the City from the edge of the City’s easement to the street or alley where the water main is located.
     • Customers inside the City Limits: Installation of a ¾ inch water tap shall be the amount listed in the City Fee Schedule. The charge for any other size will be the amount listed in the City Fee Schedule.
     • Customers outside the City Limits: Installation of a ¾ inch water tap shall be the amount listed in the City Fee Schedule.
     • The charge for any other size shall be amount listed in the City Fee Schedule.
     • Customers shall pay a connection fee as listed in the City Fee Schedule.
     • If the property owner requests removal of the water meter and the meter well filled in, he or she shall submit an application in writing to the City Clerk. The fee for removal shall be the same as for installation of service as set forth in Section 5 of this ordinance. The application shall include an agreement that future requests for installation of water service to this location shall incur the same rate as a new installation. The agreement shall be filed with the Bates County Recorder’s office at the expense of the property owner.
6. Deposits –
   • Before services are connected, each customer shall complete a Rich Hill Customer Utility Application form.
   • The deposit listed in the City Fee Schedule as amended, shall be paid prior to connection of services.
   • Current customers with no late fees in the most recent five years would not be required to pay a deposit.
   • New customers may provide a Letter of Credit from another utility provider with the most recent 12 months history. If no late fees are shown, the customer will not be required to pay a deposit.
   • When water service is discontinued, at the request of the user or for delinquency in payment, the deposit for service shall be applied first to any outstanding charges owed to the City for that account; the balance, if any, shall be refunded to the customer.
7. Service:
   • The Owner shall install all water service pipes from its mains to the meters on property abutting the right-of-way along which the main is installed insofar as its current financial responsibilities, obligations and conditions shall permit and, insofar as adequate water pressure is available, at the point of delivery requested by the Applicant or User. The service pipe shall not be less than ¾ inches. The Owner shall install and pay for the Owner’s main connection, meter and meter setting. The meter shall be set on the User’s premises as designated by the Owner. The charge for service to the Owner shall be as specified herein or as otherwise provided by the Owner, but in no event shall the charge to the User be less than the cost to the Owner.
   • Service shall be provided only to the individual that signs the original work order or to the owner of a business or industry. Service shall not be provided to anyone whose immediate household includes a member who has an unpaid bill.
   • Any person having an unpaid bill with the City shall not obtain service by means of misrepresentation or by making application in the name of another family member or household member. If any person should obtain service in this manner, then the past bill shall become due and payable immediately, and the balance due shall be added to the Customer’s next monthly utility bill. An unpaid bill is any account owed to the City for services that have not been paid or satisfied within 60 days. If it is found that any person having an unpaid bill moves to a residence receiving services, a letter shall be sent with a payment plan. The plan shall state that payment arrangements on delinquent accounts $500 or less shall be paid in full within 90 days and over $500 shall be paid in full within 6 months from the date of the letter. Payments shall be made in equal amounts every month. If a payment is missed, services shall be disconnected at the current residence.
   • A separate and independent building water service shall be provided for every building except where one building stands at the rear of another on an interior lot and no private water is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. Under those circumstances, the building water service from the front building may be extended to the rear building and the whole considered as one building water service.
   • All Consumers shall pay for the pipe, connections and necessary installation work from the water main to the end of the Consumer’s service line. All Consumers shall maintain and repair the same from the connection on the main to the end of their service line. The City staff or contractor shall keep a correct and complete list of all Consumers, make a monthly reading of all meters used by Consumers and make a monthly report of the readings in writing to the City Clerk.
   • At the point of delivery, the City shall provide the User in such quantity as required by the User specified potable treated water that shall meet the applicable purity standards of the Missouri Division of Health.
   • The City shall deliver water at a reasonable constant normal pressure from a point located at the property line of the City. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fires, earthquake or other catastrophe shall excuse the City from this provision for such reasonable periods of time as may be necessary to restore service.
   • The User shall permit installation at the User’s property line such valves or curb stops required by the City, as well as any necessary metering equipment and required devices needed by the City to properly measure the quantity of water delivered to the User and calibrate the metering equipment whenever requested by the City. Thereafter, the User shall provide, install, operate and maintain, at their own expense, all water lines. All pipes, valves and curb stops shall remain the property of the User.
   • The User shall grant the City an easement to enter upon the User’s property to inspect and control as necessary all pipes, lines or between pipes and lines for the transmission of water.
   • The User shall not provide water received from the City to any family, individual, business, dwelling unit or other party without first obtaining written consent from the City.
   • The City shall at all times operate and maintain its system in an efficient manner and shall take action necessary to provide the User with required quantities of water. Temporary or partial failure to deliver shall be remedied with all possible dispatch. In the event of an extended shortage of water or in the event the supply of water available to the City is otherwise diminished, the supply of water to the User shall be reduced at the City’s discretion, with preference shown for the City Consumers. The City shall not be liable for any damage or loss to any User because of the City’s preference for the City Consumer.
8. Right to Inspect: Representatives of the Owner shall, at all reasonable hours, be permitted to enter upon the User’s premises to read and test meters, inspect piping and perform other duties for the maintenance and operation of service or remove its meters and equipment upon discontinuance of service by the User.
9. Inspection of Piping Work: All piping work connected with the Owner’s main shall be submitted for inspection by the Owner before any underground work is covered. Whenever the Owner determines that a job of plumbing is obviously defective, although not in direct violation, the Owner may require that it be corrected before the water will be provided to the User. The Owner may prescribe the type of materials and the standard of workmanship to be followed in enforcing this section.
10. Intercepting Tank Required for Large Customers: Service pipes shall not be connected to the suction side of pumps. A supply requiring a large quantity of water within a short period shall not be permitted except through intercepting or intermediate storage tanks.
11. Check Valves, Flush Valves and Vacuum Breakers: Users having boilers or hot water systems connected with mains of the Owner shall have a check valve in the supply pipe to the boilers and hot water heating systems, with a release valve at some point between the check valve and the heating system. All Users are hereby cautioned against danger of collapse of boilers since it is sometimes necessary to shut off the supply of water without notice, and for this reason, a vacuum valve shall be installed in the steam lines to prevent collapse if water supply is interrupted. The Owner shall not be responsible for accidents or damages resulting from the imperfect action or failure of any valves.
12. Garden Meter
    • If a Customer has an existing account with the City for the purchase of water, that Customer may have a garden meter supplied and installed by the City or its contractor at the residence covered by the water account. The garden meter used by the Consumer shall be for the sole and exclusive purpose of monitoring water to be discharged upon a Consumer’s yard and/or garden. Under no circumstances shall any water flowing through a garden meter be used inside the residence, removed from the residence or used for any other purpose.
    • Ownership of the garden meter shall remain at all times with the City, and the City shall repair or replace the garden meter that is damaged through no fault of the Customer or his or her invitees, licensee, guests or family members. If a garden meter is damaged, destroyed, lost or disappears as a result of any fault of the Customer or his or her invitees, licensee, guests or family members, the Customer shall reimburse the City for the costs of repair and/or replacement of the garden meter.
    • The cost for installation of the garden meter plus the tap fee and for its use by the Customer shall be an amount listed in the City Fee Schedule, regardless of how long the garden meter is actually used by the Consumer.
    • In addition to the fee for installation and use of the garden meter, the Customer shall be charged each month for the water actually flowing through the garden meter in accordance with the rate schedule. No sewer charge shall be assessed on the water dispensed through the garden meter.
    • If the Customer defaults on payments regarding installation of the garden meter, the City may terminate all water service to that Consumer. In the event of such termination, the Customer shall still be responsible for paying the balance owed for the installation of the garden meter and the balance of any water bill owed to the City.

Section 7 – Applicants Having Excessive Requirements
If an Applicant’s water requirements exceed the Owner’s ability to supply it from existing physical assets without adversely affecting service to other Users, the Owner shall not be obligated to render such service, unless and until suitable financing is provided by the Applicant to cover the additional physical assets. The Owner shall not have any obligation to reimburse the Applicant for physical assets provided.

Section 8 – Leaks in Consumer’s installation

1. The Consumer shall keep his service pipes free from leaks at all times. If a leak appears in a Consumer’s installation, the City shall give the Consumer written notice thereof, and the Consumer shall immediately repair the service pipe. If the repair is not made within 48 hours after written notice has been provided to the Consumer, the City may discontinue service.
2. If, in the judgment of the City, any leak on the Consumer’s installation is a danger to public safety, constitutes a nuisance or is a waste of any considerable amount of water, the City may cut off or discontinue the service without prior notice to the Consumer.

Section 9 – Water meter repair/damage

1. If a water meter in service ceases to register properly because of wear and tear, defects or other faults of the meter, it shall be repaired or replaced with another meter by the City without charge.
2. If the meter has been destroyed or is damaged by hot water or by accidental or willful breakage, the expense of repairing or replacing the meter shall be paid by the Consumer at the rate listed in the City Fee Schedule.

Section 10 – Rural Water Customers

1. Rural Water Customers shall submit an application to the Board of Aldermen for approval for provision of water services. Service applications shall be approved on an individual basis.
2. All provisions of Section 6 services shall apply to Rural Water Customers.
3. The City may, at its option, provide, install, operate and maintain at its own expense, at point of delivery at the corporate limits of the City, the necessary metering equipment to measure the quantity of water delivered to Rural Water Customers and similar Users.
4. Either party may terminate this Agreement by providing a 30-day written notice to the other party of its intention to terminate. If the Rural Water Customer violates any of the provisions of this Agreement, the City, at its option, may terminate the supply of water to the User without further notice.

Section 11 – User’s Duty Regarding Service Lines

1. The User’s service pipe and all connections and fixtures attached thereto shall, at the Owner’s discretion, be subject to inspection by the Owner before the water will be turned on. All properties receiving water and all service pipes, meters and fixtures, including any and all fixtures within any improvements or buildings on the properties, shall at all reasonable hours be subject to inspection by any duly authorized employee or agent of the Owner.
2. All service pipes shall be laid at all points at least 42 inches below the surface of the ground and shall be placed on firm and continuous earth so as to give unyielding and permanent support. Service pipes shall not be laid in sewer ditches. Service pipes shall be installed in the trench at least 18 inches in a horizontal direction, in undisturbed earth, and separate from any other trench where gas pipe, sewer pipe or other facility is laid regardless of whether the service is for public or private service. The service line shall not pass through premises other than that to be supplied unless the Owner agrees to such in writing.
3. A User shall, at his or her own cost, make all changes in the service pipe required or rendered necessary due to changes in the street grades, relocation of mains or other causes. No fixture shall be attached to, or any branch made in, the service pipe between the main of the Owner and the meter.
4. Any repairs or maintenance necessary to the service pipe or any pipe or fixture in or upon the User’s premises shall be performed by the User at his sole expense and risk. Service pipes shall be kept and maintained in good condition and free from all leaks. The water supply may be discontinued to any User who fails to repair or maintain the service pipe and any other pipe or fixture upon his or her premises.
5. The Owner shall in no event be liable for any damage done to or inconvenience caused by reason of any break, leak or defect in, or by water escaping from service pipes, or from fixtures on the premises of the Owner or User. The User shall be billed in the usual manner for the cost of all water according to the rate schedule as set forth herein.

Section 12 – Water Users Requiring Uninterrupted Supply
The Owner shall endeavor to provide reasonable service, but does not guarantee a sufficient or uniform pressure, or an uninterrupted supply of water. Users are cautioned to provide sufficient storage of water where an absolutely uninterrupted supply must be assured, such as for steam boilers, hot water heating systems, gas engines, etc.

Fixtures or devices taking a supply of water directly from the service pipes shall do so at the risk of the party making such attachments, as the Owner shall not be responsible for any accidents or damages to which such fixtures or devices are subject.

Section 13 – Fire Hydrants
Private fire hydrants may be installed by a written agreement with the Owner. The Owner shall take into account all possible costs to the Owner and shall charge an equitable price according to all the cost factors that have been considered. Public fire hydrants may be installed by special agreement with the state, a municipality, political subdivision or political corporation, and the Owner shall take into consideration the same factors when entering into such a contract.

If the Owner undertakes to provide fire hydrants as a part of the service to the Users of the Owner, then all Users of the Owner shall be provided with substantially the same degree of benefit from the hydrants. If a substantially same degree of benefit is not possible, then those receiving a higher degree of benefit shall pay an additional charge above the rates herein provided for the additional benefit. Such rates shall be equitable to all Users and shall depend upon cost studies made by the Owner’s employees or consultants.

Section 14 – Meters

1. Meters Furnished by Owner: Meters shall be provided, installed, owned, inspected, tested and kept in proper operating condition by the Owner without cost to the User. The User shall pay a non-refundable connection fee as set forth in these Rules and Regulations. The complete record of meter histories may be kept if deemed necessary by the Owner.
2. Meter Location: Meters shall be set in an accessible place on the outside of buildings, except where otherwise directed by the Owner. All meters shall be set horizontally and never connected into a vertical pipe. Meters outside of the buildings shall be placed in meter boxes provided and installed by the Owner.
3. User’s Responsibility: The User shall be responsible for any damage to the meter installed for his service for any cause other than normal wear and tear.

Section 15 – Discontinuance of Water Service
Service shall be discontinued to any User or property due to a temporary vacancy upon written request of the User by submitting a work order request at City Hall. The request for discontinuance shall not in any way affect the Agreement in force or the payment of all charges due as provided in these Rules and Regulations.

If an Applicant for services purchases or acquires property and holds title thereto and the previous landowner discontinued water service other than because of the temporary vacancy, the Applicant shall not be required to pay the above reconnection charges as a result of the conduct or actions of the previous landowner, but shall be required to pay only connection charges and meter deposits as provided for in this ordinance.

Except for failure of the User to pay the bill owed for service, the Owner shall not discontinue the service of any User for violation of any Rule or Regulation without written notice of at least two days, mailed to the Customer at his address as shown upon the Owner’s records, or personally delivered to the User or a member of the household, advising the User what Rule has been violated and that the service shall be discontinued if the violation continues. However, when misrepresentation of water use is detected, or if the Owner’s regulating or measuring equipment has been tampered with, or if a dangerous condition exists on the User’s premises, service may be shut off without notice in advance. Subject to the foregoing provisions, service rendered under any application, contract or agreement may be discontinued by the Owner for any of the following reasons:

1. Willful or indifferent waste of water for any cause.
2. Failure to protect the meter and connections from damage, or failure to protect and maintain the service pipe or fixtures on the property of the User (or the property occupied by the User) in a condition satisfactory to the Owner.
3. Tampering by the User, or others with the knowledge of the User, with any meter, connections, service, pipe, curb cock, seal, valve or any other appliance of the Owner’s that controls or regulates the User’s water supply.
4. Failure to provide the Owner’s employees free and reasonable access to the property supplied, or for obstructing the way of ingress to the meter or other appliances controlling or regulating the User’s water supply.
5. Non-payment of any account for water supplied, water service, or meter or service maintenance, or any other fee or charge accruing under these Rules and Regulations.
6. Vacancy of the premises.
7. Violation of any of the Rules and Regulations.
8. Performing or permitting any practice or act prohibited by the Missouri Division of Health.
9. Failure to allow any Owner’s employee, officer, agent, or representative to inspect the User’s premises for any purpose set forth in these Rules and Regulations.

The City staff or contractor may disconnect services or send a written notice for any violations.

The discontinuance of water to a property for any reason shall not prevent the Owner from pursuing any lawful remedy by action at law or otherwise for the collection of monies due from the User or property owner.

Only an employee, officer or agent of the Owner may turn on water, and all Applicants and Users are expressly forbidden to do so.

Section 16 – Agreements with Governmental and Public Bodies
The Owner may make specific water service contracts with the United States of America and its agencies, the State of Missouri and its agencies, school districts and municipal corporations, and all other political subdivisions of the State of Missouri and of the United States of America, that differ from stipulations set out in the rate schedule and Rules and Regulations. Such contracts shall receive written approval by the State Director before being placed into effect.

Section 17 – Main Extensions
Extensions of water mains and lines may be made by the Owner upon written application on a form approved by the Owner. If an application is approved, the main or line shall be extended provided that:

1. The Applicant shall pay all construction, engineering and legal expenses of an extension. Payment shall be made in advance to the Owner or, at the Owner’s discretion, may be placed into a special escrow account. If the cost and expense of the construction is not ascertainable, the cost shall be estimated and that amount shall be paid to the Owner or put in a special escrow account. The Applicant shall pay any additional costs incurred for the extension.
2. Before granting or entering into an Agreement for an extension, the Owner shall first determine that the extension shall not materially adversely affect the service rendered to any existing Customers. If the Owner determines, based upon information provided by its employees and consultants, that an extension would have a material adverse effect upon existing Users, then the Owner shall not grant an extension.
3. If an Applicant desires to perform the construction, the Applicant shall pay all engineering, legal and administrative costs incurred by the Owner incident to the approval of the plans and specifications for construction of the improvements, the perfecting of all rights-of-way and other costs incident to the construction. The construction and materials shall be inspected by a qualified inspector designated by the Owner. The cost of the inspector shall be paid by the Applicant. All plans and specifications for main extensions or improvements shall be approved by the Owner and the appropriate agency of the State of Missouri.
4. Upon satisfactory completion and testing, the improvements shall be dedicated, free and clear of all encumbrances, to the Owner.

Section 18 – Multiple-Unit Dwellings
The landowner of a multiple-unit residence shall acquire a water meter for each unit.

In the alternative, the landowner of a multiple-unit residence may enter into a special written agreement with the Owner whereby:

1. All units of the residence are served by one water meter;
2. The total gallons used during each billing period, as determined by the rate schedule shall be divided by the number of units in the residence;
3. The User shall be charged for each individual unit within the multiple-unit residence on a pro-rata basis, as though that amount of water was used for the billing period by an individual User;
4. Each User in a unit shall pay the water rate as set forth in the rate schedule for the User’s proportionate share of the water as though the User were an individual User in a one-family residence;
5. The landowner of the property shall be responsible for payment of all the bills of all the units within any multiple-unit residence; and
6. The amount of the water meter deposit shall be determined by the Owner as herein set forth.

The Owner shall be the sole judge and shall have full authority to determine how many units are contained in a residence and that determination shall be final and binding upon the landowner of any multiple-unit residence and upon any User therein.

Section 19 – Liability of Owner
The Owner shall not in any way or under any circumstances be liable or responsible to any person or persons for any loss or damage from any excess or deficiency in the pressure, volume or supply of water due to any cause whatsoever. The Owner shall use reasonable care and diligence to prevent and avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur.

The Owner shall not be liable or responsible for any claim made against it because of any mains or service pipes breaking, or for any interruption of the supply of water caused by the breaking of machinery or stoppage for necessary repairs, and no persons shall be entitled to damages or have any portion of a payment refunded for any interruption of service.

Section 20 – General
No person shall turn the water on or off at any street valve, corporation cock, curb cock or other street connection, or disconnect or remove any meter without the consent of the Owner, except in the case of escaping water

No employee or agent of the Owner shall have the right or authority to bind the Owner by any promise, agreement or representation contrary to these Rules and Regulations or the laws of the State of Missouri.

Any complaint against the service or employees of the Owner shall be made at the office of the Owner in writing.

The service pipes, meters and fixtures on the User’s property shall at all reasonable hours be accessible to the Owner for observation or inspection.

Section 21 – Cross Connection Control – General Policy

1. Purpose:
   a. Protect the public potable water supply from contamination or pollution by containing within the Consumer’s internal distribution system or private water system contaminants or pollutants that could backflow through the service connection into the public potable water supply system.
   b. Promote the elimination, containment, isolation or control of existing cross connection, actual or potential, between the public and Consumer’s potable water systems and non-potable water systems, plumbing fixtures and industrial-process systems.
   c. Provide for the maintenance of a continuing program of cross connection controls that will systematically and effectively prevent the contamination or pollution of all potable water systems.
2. Application: This ordinance shall apply to all premises served by the public potable water system of Rich Hill.
3. Policy:
   a. The Water Purveyor shall reasonably interpret this ordinance. It is the Water Purveyor’s intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.
   b. The Water Purveyor shall be primarily responsible for the protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all Consumers is required to implement and maintain the program to control cross connections. The Water Purveyor and Consumer shall be jointly responsible for preventing contamination of the water system within the Consumer’s premises.
   c. If, in judgment of the Water Purveyor or his authorized representative, cross connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the Consumer. The Consumer shall immediately comply by providing the required protection at his own expense. Failure, refusal or inability on the part of the Consumer to provide protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.
4. Definitions: The following definitions shall apply in the interpretation and enforcement of this ordinance:

Air gap separation – The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the overflow level rim of the receptacle. The air gap separation shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but no case less than one inch.

Auxiliary water supply – Any water source or system, other than the public water supply, that may be available in the building or premises.

Backflow – The flow other than the intended direction of the flow, of any foreign liquids, gases or substances into the distribution system of a public water supply.

Backflow prevention device – Any device, method or type of construction intended to prevent backflow into a potable water system.

Consumer – The owner or person in control of any premises supplied by or in any manner connected to a public water system.

Containment – Protection of the public water supply by installing a cross connection control device or air gap separation on the main service line to a facility.

Contamination – An impairment of the quality of the water by sewage, process fluids or other wastes to a degree that could create an actual hazard to the public health through poisoning or spread of diseases by exposure.

Cross Connection – Any physical link between a potable water supply and any other substance, fluid or source that makes contamination of the potable water supply possible due to the reversal of flow of the water in the piping or distribution system.

1. Hazard: Degree of – An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
   • Health Hazard – any condition, device or practice in the water supply system and its operation that could or may create a danger to the health and well-being of the Consumer.
   • Plumbing Hazard – a plumbing cross connection in a Consumer’s potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device.
   • Pollution Hazard – an actual or potential threat to the physical properties of the water system or the potability of the public or the Consumer’s potable water system that would constitute a nuisance, be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
   • System Hazard – an actual or potential threat of severe damage to the physical properties of the public potable water system or the Consumer’s potable water system, or of a pollution or contamination that would have a protracted effect on the quality of the potable water in the system.

Industrial process system – Any system containing a fluid or solution that may be chemically, biologically or otherwise contaminated or polluted in a form or concentration that constitutes a health, system, pollution or plumbing hazard if introduced into a potable water supply.

Isolation – Protection of a facility service line by installing a cross connection control device or air gap separation on an individual fixture, appurtenance or system.

Pollution – The presence of any foreign substance (organic, inorganic or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree that does not create an actual hazard to the public health, but does adversely and unreasonably affect the water for domestic use.

Public potable water system – Any publicly or privately owned water system supplying water to the general public that is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.

Service connection – The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

Water Purveyor – The owner, operator or individual in responsible charge of a public water system.

• Survey and Investigations
  a. The Consumer’s premises shall be open at all reasonable times to the Water Purveyor or his authorized representative to survey and investigate water use practices on the Consumer’s premises to determine whether there are actual or potential cross connections to the Consumer’s water system through which contaminants or pollutants could backflow into the public potable water system.
  b. Upon the Water Purveyor or his authorized representative’s request, the Consumer shall furnish information on water use practice within his premises.
  c. The Consumer shall conduct periodic surveys of water use practices on his premises to determine whether there are actual or potential cross connections to his water systems through which contaminants or pollutants could backflow into his or the public potable water system.
• Cross Connection Prohibited
  a. No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public potable or Consumer’s water systems may exist unless the actual potential cross connections are abated or controlled to the satisfaction of the Water Purveyor, and as required, by the laws and regulations of the Missouri Department of Natural Resources Code of State Regulations Title 10 Division 60 Chapter 11.
  b. No connections shall be installed or maintained whereby an auxiliary water supply may enter a public potable or Consumer’s water system unless the Water Purveyor and the Missouri Department of Natural Resources have approved the auxiliary water supply, the method of connection and the use of the supply.
  c. No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities and fixtures have not been constructed and installed using acceptable plumbing practices considered by the Water Purveyor as necessary for the protection of health and safety.
• Type of Protection Required – The type of protection depends upon the degree of hazard that exists:
  a. An approved air gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.
  b. An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public potable water systems may be contaminated with a substance that could cause a system or health hazard.
  c. An approved air gap separation or an approved reduced pressure principle backflow prevention device or an approved double check valve assembly shall be installed where the public potable water systems may be polluted with substances that could cause a pollution hazard not dangerous to health.
• Where Protection is Required
• An approved backflow device shall be installed on each service line to a water system serving the premises when, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard
• An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises when, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, the nature and extent of activities on the premises, or the materials used in connection with the activities or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross connection occur, even though such cross connection may not exist at the time the backflow prevention device is required to be installed. This includes but is not limited to the following situations.
  • An approved air gap separation or reduced pressure principle backflow prevention device is required by the Water Purveyor and the Missouri Department of Natural Resources Code of State Regulations Title 10, Division 60, Chapter 11, the following types of facilities to protect the public water supply and shall be installed at these facilities unless all hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the Water Purveyor and the Missouri Department of Natural Resources.
    i. A. The supplier of water or local governmental agency (if one exists) requires protection from an actual or potential Class I backflow hazard at any facility;
    ii. B. Modification is made to the customer water system at an existing facility which is designated an actual or potential backflow hazard in paragraph (3)(A)2. of this rule. If an addition or modification requiring a separate customer service line is made to an existing facility, the new service line as well as the existing customer service line shall be equipped with department-approved backflow prevention assemblies;
    iii. C. A new customer service line connection is made to a facility listed in paragraph (3)(A)2. of this rule; or
    iv. D. A backflow incident occurs which introduces a contaminant into the public or customer water system which may create a health hazard.
    v. 2. Following is a list, not all inclusive, of actual or potential Class I backflow hazards:
• A. Aircraft and missile manufacturing plants;
• B. Automotive plants including, but not limited to, those plants which manufacture motorcycles, automobiles, trucks, recreational vehicles and construction and agricultural equipment;
• C. Potable water dispensing stations which are served by a public water system;
• D. Beverage bottling plants including, but not limited to, dairies, soft drink bottlers, and breweries;
• E. Canneries, packing houses and reduction plants;
• F. Car washes;
• G. Chemical, biological and radiological laboratories including, but not limited to, those in high schools, trade schools, colleges, universities and research institutions;
• H. Hospitals, clinics, medical buildings, autopsy facilities, morgues, mortuaries, veterinary facilities, dental clinics, and other medical facilities;
• I. Metal or plastic manufacturing, fabrication, cleaning, plating or processing facilities;
• J. Plants manufacturing paper and paper products;
• K. Plants manufacturing, refining, compounding or processing fertilizer, film, herbicides, natural or synthetic rubber, pesticides, petroleum or petroleum products, pharmaceuticals, radiological materials or any chemical which would be a contaminant to the public water system;
• L. Commercial facilities that use herbicides, pesticides, fertilizers or any chemical which would be a contaminant to the public water system;
• M. Plants processing, blending or refining animal, vegetable or mineral oils;
• N. Commercial laundries and dye works;
• O. Sewage, storm water and industrial waste treatment plants and pumping stations;
• P. Waterfront facilities including piers, docks, marinas and shipyards;
• Q. Industrial facilities which recycle water;
• R. Restricted or classified facilities or other facilities closed to the supplier of water or the department;
• S. Fire sprinkler systems using any chemical additives;
• T. Auxiliary water systems, including but not limited to alternative water sources;
• U. Irrigation systems with facilities for injection of pesticides, herbicides or other chemicals or with provisions for creating back pressure. The backflow assembly may be installed between the customer service line and the irrigation system;
• V. Portable tanks for transporting water taken from a public water system;
• W. Facilities which have pumped or repressurized cooling or heating systems that are served by a public water system; and
• X. Facilities which contain any boiler system and are served by a public water system. The backflow assembly may be installed on the water service line to the boiler.
• Backflow Prevention Devices
  a. Any backflow prevention device shall be a model or a construction approved by the Water Purveyor and the Missouri Department of Natural Resources.
  b. An approved air gap separation shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.
  c. A double check valve assembly or a reduced pressure principle backflow prevention device shall be approved by the Water Purveyor and shall appear on the current “list of approved backflow prevention devices” established by the Missouri Department of Natural Resources.
  d. Whenever the device is moved from its present location, requires more than minimum maintenance, or when the Water Purveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this ordinance.
• Installations
  a. Backflow prevention devices shall be installed at a location and in a manner approved by the Water Purveyor and shall be installed at the expense of the Consumer.
  b. Backflow prevention devices installed on the service line to the Consumer’s water system shall be located on the Consumer’s side of the water meter, as close to the meter as is reasonably practical, and shall be installed prior to any other connection.
  c. Backflow prevention devices shall be located in an area that is readily accessible for maintenance and testing, protected from freezing, and no part of the device shall be submerged or subject to flooding by any fluid.
• Inspections and Maintenance
  a. At any premises on which backflow prevention devices are installed, the Consumer shall have inspections, tests and overhauls made in accordance with the following schedule or more often if inspections indicate such a need.
  i. Air gap separations shall be inspected at the time of installation and at least every twelve months thereafter.
  ii. Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter.
  iii. Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter.
  b. Inspections, tests and overhauls of backflow prevention devices shall be made at the expense of the Consumer and shall be performed by a State of Missouri Certified Backflow Prevention Device Tester.
  c. Whenever backflow prevention devices are found to be defective, they shall be repaired or replaced without delay at the expense of the Consumer.
  d. The Consumer shall maintain a complete record of each backflow prevention device from purchase to retirement. This record shall include a comprehensive listing that includes a record of all tests, inspections and repairs. Records of inspections, tests, repairs and overhauls shall not be removed or otherwise made inaccessible without specific authorization by the Water Purveyor.
  e. Backflow prevention devices shall not be by-passed, made inoperative, removed or otherwise made ineffective without specific authorization by the Water Purveyor.
• Violations
  a. The Water Purveyor shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein:
  i. Any backflow prevention device required by this ordinance is not installed, tested and maintained in a manner acceptable to the Water Purveyor, or
  ii. The backflow prevention device has been removed or by-passed, or
  iii. An unprotected cross connection exists on the premises.
  b. Water service to the premises shall not be restored until the Consumer has corrected or eliminated the conditions or defects to the satisfaction of the Water Purveyor.

Section 22 – Ban of Lead

1. Purpose – to ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and to protect City residents from lead contamination in the City’s public drinking water system and their own private plumbing systems.
2. Policy
   a. It is the Water Purveyor’s intent to ban the use of lead-based material in the construction or modification of the City’s drinking water system or in private plumbing connected to the City system. The cooperation of all Consumers is required to implement the lead ban.
   b. If, in the judgment of the Water Purveyor or his authorized representative, lead- based materials have been used in new construction or modifications after January 1, 1989, due notice shall be given to the Consumer. The Consumer shall immediately comply by having the lead-based materials removed from the plumbing system and replaced with lead-free materials. If the lead-based materials are not removed from the plumbing system, the Water Purveyor may discontinue water service to the premises.
3. Application: This ordinance shall apply to all premises served by the public drinking water system of the City of Rich Hill.
4. Definitions: The following definitions shall apply in the interpretation and enforcement of this ordinance.

Consumer – the owner or person in control of any premises supplied by or in any manner connected to a public water system;

Lead-based materials – any material containing lead in excess of the quantities specified in herein;

Lead-free:
a. Solders and flux containing not more than 0.2% lead.
b. Pipes and pipe fittings containing not more than .25% lead.

Public drinking water system – any publicly or privately owned water system supplying water to the general public that is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.

Water Purveyor – the owner, operator or individual in responsible charge of a public water system.

5. Lead Banned from Drinking Water Plumbing
   a. No water service connection shall be installed or maintained to any premises where lead-based materials were used in new construction or modifications of the drinking water plumbing after January 1, 1989.
   b. If a premise is found to be in violation, water service shall be discontinued until such time that the drinking water plumbing is lead free.

Section 23 – Water Conservation Plan

Guidelines
This plan shall be effective upon a finding by the Board of Alderman or their designated representative that a probable water shortage problem exists. This plan shall be implemented until it is determined that the emergency no longer exists. Depending on the expected severity of the problem, it is possible that Stages Two and Three may be implemented immediately. Requests for public cooperation shall be made through the news media. This Plan shall affect only those citizens and commercial entities who receive water service from the Rich Hill Water Department.

1. Stage One (voluntary) – Request voluntary conservation and compliance with the following restrictions:
   a. Sidewalks, driveways, parking areas, patios or other paved areas shall not be washed.
   b. Swimming pools shall not be filled or refilled with water provided by the City.
   c. Water shall not be used for recreational purposes such as waterslides or yard play.
   d. Cars, other motor vehicles, trailers or boats shall not be commercially washed, except from a bucket.
   e. Water shall not be used for dust control.
   f. Flushing of mains by Water Department personnel shall not be done, except to alleviate individual water quality problems.
   g. Commercial and industrial Users shall conserve water as much as possible.

After initiation of Stage One, if weather conditions, expected trends in demand or other factors indicate that the threat of a shortage will continue, the additional provisions of Stage Two shall be implemented.

2. Stage Two (voluntary) – Stage One restrictions shall remain in effect along with the following:
   a. Water from a fire hydrant shall not be used, except to fight fires.
   b. Lawn, garden, trees or other plants shall not be watered, except from a hand-held container.
   c. Commercial/industrial Users shall reduce usage by 30%. After initiation of Stage II, if it appears that the shortage will continue or worsen, the mandatory measures of Stage III shall be implemented.
3. Stage Three (Mandatory) – Stage One and Two restrictions shall become mandatory, and the following restrictions shall also apply:
   a. All commercial and industrial Users shall adopt previously submitted water conservation plans.
   b. All large commercial and industrial Users shall follow the previously submitted conservation plan for their operation. Water conservation plans shall be approved by the Board of Aldermen or their designated representative. A Customer that fails to submit a conservation plan shall be subject to the penalty provisions of this ordinance.
   c. Depending upon the severity of the problem, the plan could revert back to Stage One or Two or be canceled as conditions improve.

Section 24 – Amendment of Rules and Regulations

These Rules and Regulations may be amended at any regular meeting of the Owner or at any special meeting thereof called for such purpose.

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

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

1ST READING ON THIS THE 14TH DAY OF JUNE, 2023
2ND READING ON THIS THE 14TH DAY OF JUNE, 2023

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 14TH DAY OF JUNE, 2023.

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Nathan Kassner, Mayor

ATTEST:

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Casey Crews, City Clerk

Ayes: Bonham, Tourtillott, Entrikin, Simon
Nays: None

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

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

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

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

 Section 1 – Hours

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

Section 2 – Reservation of Shelter Houses and Band Stand

1. A permit shall be obtained from the City Clerk to reserve the large shelter house and/or the small shelter house in Prospect Park, also referred to as the East Park, or the band stand in Park Place, also referred to as the West Park.
   • Permits shall be issued on a first come first serve basis.
   • The City Clerk shall provide a copy of all permits to the Chief of Police and the Mayor.
   • Permit fees shall be as listed in the City Fee Schedule and shall be paid to the City.

Section 3 – Reservation of Veteran’s Memorial Park Ballfields

1. A permit shall be obtained from the City Clerk by signing a facilities use agreement by anyone wanting to utilize the facility to include the building, bathrooms, water and electric.
   • For terms extending one month or more, the facilities use agreement fee shall be a negotiable term by the Parties and paid to the City by the applicant.
2. A permit shall be obtained from the City Clerk by applying for a day use permit by anyone wanting to utilize the facility to include the small field and bathrooms.
   • For day-by-day use, the permit fees shall be established by the Board of Aldermen by Resolution and shall be paid to the City.
3. The City Clerk shall provide a copy of all permits to the Chief of Police and the Mayor.

Section 4 – Tennis Court, Volleyball Court, Basketball Courts

1. A permit shall be obtained from the City Clerk by signing a facilities use agreement by anyone wanting to utilize the courts to hold an organized tournament.
   • For terms extending one month or more, the facilities use agreement fee shall be a negotiable term by the Parties and paid to the City by the applicant.
2. A permit shall be obtained from the City Clerk by applying for a day use permit by anyone wanting to utilize the courts.
   • For day-by-day use, the permit fees shall be established by the Board of Aldermen by Resolution and shall be paid to the City.
3. The City Clerk shall provide a copy of all permits to the Chief of Police and the Mayor.

 

Section 5 – Fireworks

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

Section 6 – Alcoholic Beverages

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

Section 7 – Driving

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

Section 8 – Animals Prohibited at Public Functions; Exceptions

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

Section 9 – Grills Prohibited at Public Functions; Exceptions

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

Section 10 – Penalties

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

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

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

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

READ TWO TIMES AND PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI, THIS 14^TH  DAY OF  JUNE 2023.

Ayes: Simon, Entrikin, Bonham, Tourtillott

Nays: None

                                                                                      ______________________________

                                                                                    Nathan Kassner, Mayor

ATTEST:                                                                   

______________________________

 Casey Crews, City Clerk

SEAL

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[i] For informational purposes, this Ordinance repeals and replaces the following:  Ordinance 1718, enacted September 9, 2020, which Ordinance 1536, enacted March 3, 2016, which replaced Ordinance 1418, enacted September 9, 2014, which replaced Ordinance No. 1416, enacted May 27, 2014, which replaced Ordinance No. 1236, enacted June 14, 2005, which replaced Ordinance No. 1235, enacted May 24, 2005, which replaced Ordinance No. 1111, enacted September 12, 2000, which replaced Ordinance No. 0944, enacted September 10, 1985.

AN ORDINANCE FOR THE CITY OF RICH HILL, MISSOURI TO CREATE AN ADVISORY PARK BOARD, DEFINE THE POWERS AND DUTIES OF THE PARK BOARD, AND THE QUALIFICATIONS OF MEMBERSHIP.

WHEREAS, at the Mayor’s suggestion, the Board of Aldermen has determined it to be in the best interest for the health and welfare of the City of Rich Hill (“City”) to have an advisory appointed citizen body to serve as a park board for the City.

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

Section 1. – Creation and Establishment of Advisory Park Board 

There is hereby created a Park Board consisting of five (5) members.  Three (3) members   of the Park Board shall constitute a quorum.  The members shall be residents of the City.

Section 2. – Appointment and Qualifications – Generally

1. With the approval of the Board of Aldermen, the Mayor shall appoint to the Park Board:  five (5) persons, citizens and residents of the City. 
2. The City Clerk or an Alderperson may serve as a member and such individual shall serve as a liaison between the Park Board and the Board of Aldermen.  If neither the City Clerk or an Alderperson serves on the Advisory Park Board, then the City Clerk shall serve as a liaison between the Advisory Park Board and the Board of Aldermen.
3. All appointees must be a minimum of eighteen (18) years of age at the time of their appointment.

Section 3. – Terms of Office and Vacancies

1. The term of the five persons to be appointed by the mayor shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years.  In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for a new three year term.
2. Except in the cases of fulfillment of vacancies and involving the Alderman appointee, full terms of office shall commence on the first day of June.
3. Vacancies on the Park Board, occasioned by removal, resignation or otherwise, shall be reported to the Mayor and shall be filled for the remainder of the unexpired term.

Section 4. – Compensation of Members

No member shall receive compensation for services on the Park Board.

Section 5. – Organization

During the first Park Board meeting after July 1 of each calendar year, the members of the Park Board shall elect one member as the Chairperson.  The members may also elect other officers as they may deem necessary.

Section 6. – Powers and Duties

1. The Park Board serves as an advisory board to the Board of Aldermen in matters involving the recreational programming and budget planning of the City’s parks for the welfare of Rich Hill citizens.
2. The Park Board shall have the power to recommend to the Board of Aldermen.
3. The Park Board shall make recommendations to the Board of Aldermen for expenditures, and regarding the care of the City’s parks and trail system.  These recommendations may include, but are not necessarily limited to, the following matters:
   • All matters relating to policy formation, programming, legislation and use of park and recreation facilities and areas;
   • Changes, additions or uses that will improve the effectiveness of the parks and recreation programs or facilities, including budgetary recommendations;
   • Rules and regulations to govern the City’s parks, recreation areas, and facilities as may be expedient and not inconsistent with this Article or directives of the Board of Aldermen;
   • Recommend recreational programming for citizens of Rich Hill to the Board of Aldermen; and
   • Any other duties as may be assigned by the Mayor or the Board of Aldermen.
4. The Park Board does not have the power to make expenditures without permission of the Board of Aldermen.  Such expenditures, even if permitted by the Board of Aldermen, shall only be related to those powers and duties stipulated in this Section.
5. The Park Board shall make and adopt bylaws, rules, and regulations for their own guidance.  These bylaws, rules, and regulations shall be subject to Board of Aldermen approval.
6. The Park Board shall also serve as the City’s Tree Board as laid out in Ordinance 777.

Section 7. – Annual Budget

The Park Board, in conjunction with City Staff and the Board of Aldermen, shall prepare a budget showing proposed expenditures of money (and the purpose for such expenditures) for the upcoming fiscal year.  Said budget shall be presented to the Board of Aldermen for their general approval or disapproval, on or before the 1st day of October.  Substitute or amended budgets may be prepared in like manner for their approval or disapproval. 

Section 8. – Sunshine Law Compliance

That the Advisory Park Board is a public body and that required to adhere to the requirements of Chapter 610 of the Missouri Revised Statutes, more commonly known as the “Sunshine Law”. 

Section 9.  – Disband

That the Board of Aldermen may at its own discretion disband the Advisory Park Board for any reason whatsoever. 

PASSED THIS 17^TH DAY OF MAY, 2023, BY THE BOARD OF ALDERMEN FOR THE CITY OF RICH HILL MISSOURI

First Read on the 17^th day of May, 2023.

Second Read on 17^th day of May, 2023.

                                                            ____________________________________

                                                            Nathan Kassner, Mayor

Attest:                                                

__________________________                   

Casey Crews, City Clerk         

Ayes:  Entrikin, Bonham, Tourtillott, Simon

Nays:  None

CITY OF RICH HILL, MISSOURI

AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE AND REMOVAL OF TREES, SHRUBS AND OTHER PLANTS UPON CITY PROPERTY IN THE CITY OF RICH HILL, MISSOURI.

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

Section 1.  Definitions

City: “City” is defined as the City of Rich Hill, Missouri.

Street Trees: “Street trees” are defined as trees, shrubs, bushes, and all other woody vegetation on land lying between the property lines on either side of all streets and avenues within the city.

Park Trees: “Park trees” are defined as trees, shrubs, bushes, and all other woody vegetation in      City parks.

Public Community Forest: “Public community forest” is defined as all street and park trees, and other trees owned by the city as a total resource.

Private Community Forest: “Private community forest” is defined as all trees within municipal boundaries but not owned by the city.

Community Forest Manager: The “community forest manager” is defined as the official representative of the Tree Board and as such is responsible for administration of the community forestry program. 

Section 2.  Purpose

It is the purpose of this ordinance to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the City of Rich Hill, Missouri.  It is also to manage Rich Hill’s community forest in a strong, healthy condition for today and the future Rich Hill, Missouri.

Intent:
It is the intent of the Board of Alderman of the City of Rich Hill that the terms of this ordinance shall be construed so as to promote:

The planting, maintenance, restoration and survival of desirable trees, shrubs and other plants within the City.  The protection of community residents from personal injury and property damage and the protection of the City of Rich Hill from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants located within the community.

Section 3.  Creation and Establishment of a City Tree Board

There is hereby created and established an advisory City Tree Board for the City of Rich Hill, Missouri, which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the Board of Alderman.  The community forest manager shall be an ex-officio member of the City Tree Board.

Section 4.  Term of Office

The term of the five persons to be appointed by the mayor shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years.  In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for a new three year term.

Section 5.  Compensation

Members of the Tree Board shall serve without compensation.

Section 6.  Duties and Responsibilities

It shall be the responsibility of the Tree Board to study, investigate, council and develop and/or update annually, and administer written plans (annual and long range) for the care, replacement, maintenance, and removal or disposition of trees and shrubs in parks, along streets and in other public areas.  Such a plan will be presented annually to the Board of Alderman and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Rich Hill, Missouri.

The Tree Board, when requested by the Board of Alderman, shall consider, investigate, make finding, report, and recommend upon any special matter or question relating to trees.

The Tree Board is advisory in nature and shall require permission from the Board of Aldermen before planting, cultivating, mulching, pruning, spraying, or removing of any trees within the public community forest.

Section 7.  Operation

The Tree Board shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings.  A majority of the members shall be a quorum for the transaction of business.  As a public body, the Tree Board is obligated to adhere to Chapter 610 of the Revised Missouri Statutes Annotated, commonly known as the “Sunshine Law”.

Section 8.  Street Tree Species to be Planted

The City of Rich Hill, Missouri shall maintain an extensive list of recommended trees for planting in public areas.  The purpose of this listing will be to maintain diversity in the total tree population.  This list shall be available to residents of the city upon request to aid in the selection of trees for private and public properties.  The list of recommended trees shall be updated periodically by the Community Forest Manager to reflect new developments or species that will affect the population of the community forest.

Section 9.  Distances and Clearances for Planting

Street trees may be planted in the tree lawn where this is no less than six feet between the edge of the sidewalk and the curb of the street.  Street trees shall be planted no closer than three feet from a sidewalk, driveway, or street.

No street tree shall be planted closer than 10 feet from any street corner, measured from the point of the nearest intersection of curbs or curb lines.

No street tree shall be planted closer than 10 feet from any fireplug.

Special permission must be obtained from the community forest manager when planting street trees within 10 feet of any point on a line on the ground immediately below any overhead utility wire.

Section 10.  Public Tree Care

The City shall have the right to plant, prune, maintain, and remove trees, plants and shrubs within the rights-of-way or bounds of all streets, alleys, lanes, squares, and public grounds, as may be necessary to ensure public safety.  All tree pruning and removal will be done in accordance with the most current ANSI A300 Tree Shrub and Other Woody Plant Maintenance – Standard Practices.

The City may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to electric power lines or other public improvements, or is seriously affected with any fatal disease,

The abutting property owners shall have the right to perform normal tree care on all street trees.

Section 11.  Permits Required

No person shall plant a street tree without first obtaining a permit from City Hall.  There will be no fee for such permit.

Section 12.  Compensatory Payments

No person shall remove any public tree without replacing such tree with a tree or trees of equivalent dollar in the vicinity of the removed tree.  The value of trees shall be determined by the community forest manager in accordance with regulations considering the species, location, size and condition of trees adopted by the Tree Board.  If not suitable location exists in the vicinity of the tree removed or if the replacement tree is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the city equal to the difference in value between the tree removed and any replacement tree.  Such compensatory payment shall be paid into a fund established by the director of finance and used solely for the purpose of enhancing the community forest.

Notwithstanding the preceding language, the Board of Aldermen may at its discretion waive any such compensatory payments.

Section 13.  Tree Topping

It shall be unlawful as a normal practice for any person, or      firm,      to top any street tree, park tree, or other tree on public property.  Topping, rounding off or pollarding is defined as the systematic cutting back of limbs within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree.  Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the community forest manager or      Board of Aldermen.

Section 14.  Clearance Over Streets and Walkways

Clearance over streets and walkways shall be the responsibility of the abutting property owner.  A clearance of 10 feet must be maintained over walkways and a clearance of 16 feet must be maintained over streets and alleys.  Property owners are responsible for trees on their own property as well as trees on the public right of way that abuts their property. 

Section 15.  Dead or Hazard Tree Removal

The City shall have the right to cause to be removed any tree within the city that is dead or has been declared hazardous.  Hazard trees are defined as trees with severe structural defects or splits.  The City will notify in writing the owners of such trees.  Removal is the responsibility of the owners of such trees and shall be accomplished within the time limits set by the community forest manager.

Section 16.  Interference with the Tree Board

It shall be unlawful for any person to prevent, delay, or interfere with the Community Forest Manager, the Tree Board or any of its representatives or agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any trees within the public community forest.

Section 17.  Enforcement

The Community Forest Manager is hereby charged with the responsibility for the enforcement of this ordinance and may serve notice to any person, firm, or corporation in violation thereof or institute legal proceedings as may be required and the City Attorney is hereby authorized to institute appropriate proceedings to that end.

Section 18.  Access

It shall be unlawful for any person to prevent, delay, or interfere with access to private property by the city or its representative in the legal performance of any section of this ordinance.

Section 19.  Penalty 

Any person, firm or corporation violating any provision or fails to comply with any notice issued pursuant to the provisions of this ordinance, shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the city or county jail for a term not exceeding ninety (90) days or by both such fine and imprisonment.

Section 20.  Arborist Certification and Insurance

Persons or firms engaged in the business or occupation of pruning, treating, or removing any street tree, park tree or other privately owned tree should be recognized by the International Society of Arboriculture as a Certified Arborist or Certified Tree Worker.  All persons or firms must carry evidence of liability insurance and workmen’s compensation.  No certification shall be required by any public employee doing such work in the pursuit of their public service endeavors.

Section 21.  When Operative

This ordinance shall be in force and affect from and after its passage and approval as provided by law.^[1]

1^ST READING ON THIS THE  19TH DAY OF APRIL 2023

2^ND READING ON THIS THE  19TH DAY APRIL 2023

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 19TH DAY OF APRIL 2023

________________________________________

Nathan Kassner, Mayor

ATTEST:          

______________________________________
Casey Crews, City Clerk

Ayes:  Bonham, Simon, Tourtillott

Nays:  None

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