AN ORDINANCE VACATING A PORTION OF LINDEN STREET WEST OF FIRST STREET LYING IN THE SOUTH SECTION OF BLOCK 194 IN THE TOWN COMPANY’S 5^TH ADDITION TO THE CITY OF RICH HILL, MISSOURI, AND A PORTION OF LINDEN STREET WEST OF FIRST STREET LYING IN THE NORTHEAST SECTION OF BLOCK 181 IN THE CITY OF RICH HILL, MISSOURI.

 

WHEREAS, it is deemed necessary and expedient to vacate the same, now, therefore,

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

 

Section 1. That tract of land located in the South Section of Block 194 in Rich Hill Town Company’s 5^th Addition to the Town, now City of Rich Hill, Missouri, lying West of First Street in Rich Hill, Missouri, and also a portion of Linden Street, West of First Street, lying in the Northeast section of Block 181 in the City of Rich Hill, Missouri, now named Linden Street, and the same is, hereby vacated.

 

Section 2. Ownership of the above described vacated portion of Linden Street shall revert to the current owners of adjacent property.

 

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

 

Reads three times and passed this 26^th day of August, 2014.

 

ATTEST:

 

 

 

________________________________                   ______________________________

Jennifer Perkey-Ewing, Mayor Pro Tem                   Tonya Perryman, City Clerk

 

 

 

Ayes: Kassner, Pilcher, Perkey-Ewing, Buesing

Nays: none

AN ORDINANCE ESTABLISHING AND ADOPTING A COLD/HOT WEATHER ORDINANCE FOR THE CITY OF RICH HILL

 

BE IT RESOLVED by the Board of Alderman of the City of Rich Hill as follows:

 

WHEREAS, PURSUANT TO MISSOURI Weather Rules, designed to help customers with electric and heat-related utility bills, the City of Rich Hill adopts this Cold/Hot Weather Ordinance:

 

Cold Weather Ordinance:

Prohibits the disconnection of heat-related service provided by the City of Rich Hill when the temperature is predicted to drop below 32 degrees during the following 24 hour period. The city will use the Pleasant Hill National Weather forecast. The heat-related service will be disconnected when it warms above 32 degrees within a 24 hour period. Effective dates: November 1^st thru March 31^st of the following year.

 

Hot Weather Ordinance:

 

Prohibits the disconnection of electric-related service provided by the City of Rich Hill when the temperature is predicted to rise above 95 degrees or a heat index of 105 degrees during the following 24 hour period. The city will use the Pleasant Hill National Weather forecast. The electric-related service will be disconnected when it cools below 95 degrees within a 24 hour period. Effective dates: June 1^st thru September 30^th.

 

THEREFORE, BE IT ORDAINED THAT;

 

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

as provided by law.

 

 

1^ST reading 22^nd Day of October 2013

2^ND reading 12^th Day of November 2013

 

 

PASSED THIS 12^TH Day of November 2013

 

__________________________________________

Richard Miller, Mayor

 

ATTEST:

 

__________________________________________

Tonya Perryman, City Clerk

Ayes: Moreland, Pilcher, Perkey-Ewing, Becker.                            Nays: NONE

ORDINANCE NO. 1408

 

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, GRANTING A FRANCHISE TO THE KLM TELEPHONE COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF MISSOURI, ITS SUCCESSORS AND ASSIGNEE, TO CONSTRUCT, MAINTAIN, AND OPERATE A TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE SAID CITY, AND TO ERECT AND MAINTAIN ITS PLANT AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC GROUNDS AND PLACES IN SAID CITY AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH.

 

WHEREAS, KLM Telephone Company, hereinafter referred to as “Telephone Company” a corporation duly organized and existing under the laws of the State of Missouri, is now and has been engaged in the telephone and communications business in said State, and in furtherance thereof has erected and maintained certain items of its plant construction in the City of Rich Hill, State of Missouri, hereinafter referred to as “City” for many years pursuant to such rights as have been granted it by and under laws of the State of Missouri, and subject to the exercise of such reasonable rights and regulations as are inherent under the laws to said City, and

 

WHEREAS, the City has heretofore consented that said Telephone Company shall operate in said City, and it being to the mutual advantage of both said City and said Telephone Company that said Company shall continue its operations within the said City and that a franchise ordinance shall be enacted establishing the terms and regulations under which said Telephone Company shall continue its operation in said City, and

 

WHEREAS, Telephone Company has duly complied with all the provisions of the laws of the State of Missouri, and with all ordinances of Municipality with reference to the obtaining of such right, privilege and authority.

 

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

 

Section 1. Grant of Franchise

Pursuant to the laws of the State of Missouri and in particular sections 392.08 and 392.090, Rsmo 1978, as amended, the franchise, right, permission, and authority be, and the same are hereby granted to the Telephone Company, its successors and assigns, to construct, maintain, and operate a telephone system and all business incidental to or connected with the conducting of a telephone and communications business and system in the City of Rich Hill, Missouri. The plant, construction, equipment, and appurtenances used in or incident to the rendering of telephone and communications service and to the maintenance of a telephone business and system by the Telephone Company in the City shall remain as now constructed subject to such changes as may be deemed necessary by the City in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, the Telephone Company shall continue to exercise its rights to place, remove, construct and reconstruct, extend and maintain its said plant equipment and appurtenances as the business for which it is incorporated may from time to time require, along, across, on, over, through, above, and under all public streets, avenues, alleys, and public grounds and places within the limits of said City as the same from time to time may be established.

 

Section 2. Statement of Gross Receipts

Every person who is now or may hereafter become engaged in any of the businesses described in Section 1 hereof to file with the Clerk of the City of Rich Hill, Missouri on the 20^th day of January and the 20^th day of July of the current year and of each year hereafter a sworn statement of the gross receipts from such business for the six calendar months preceding the filing of such statement. The Clerk of the City of Rich Hill, Missouri or his duly authorized deputy shall be and is hereby authorized to investigate the correctness and accuracy of the statement required and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person making such statement in order to ascertain the accuracy thereof.

 

Section 3. Payment of Gross Receipts Tax

Every person who is now or may hereafter become engaged in any of the businesses described in Section 1 hereof shall pay to the City Clerk of The City of Rich Hill, Missouri on the 20^th day of January and the 20^th day of July of the current year and of each year hereafter an amount equal to three per cent of the gross receipts from said business for the preceding six calendar months. For the purpose of this agreement, and acknowledging that a telephone utility has gross receipts that are not the same as a retail business, it is agreed that gross receipts shall include only those received from subscribers within the city limits of Rich Hill, and shall be based only on those receipts collected under the company’s general tariff on file with the Missouri Public Service Commission, but shall not include any revenue or receipts from sales taxes, federal excise taxes or franchise taxes collected from subscribers of the telephone system.

 

Section 4. Police Powers

The Telephone Company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide.

 

Section 5. Restoration of Streets

All poles, conduits, wires, fixtures, guys, services, appurtenances, and accessory equipment, installed or erected pursuant to this ordinance shall be so located on streets, alleys, avenues, bridges and other public places under such supervision as said City may from time to time provide so as not to unnecessarily damage any pavements, sidewalks, drains, sewers or other like improvements. If damage occurs the Telephone Company shall restore the damaged pavements sidewalks, drains, sewers, water pipes, and other public places to the same condition prior to the disruption. All necessary work shall be done with due and reasonable dispatch and with the least practicable interference with the rights of the public. The City may refill, repave, and restore said streets, alleys and public ways in case of neglect of the Telephone Company. The cost thereof, including the costs of inspection and supervision, shall be borne by the Telephone Company.

 

Section 6. Company Shall Bear Costs Upon Grade Change; May Apply for Permanent Grade

When any street, avenue, alley, bridge, or public place, upon which and in which any poles, services, or other equipment of said Telephone Company have been placed, shall be graded, curbed, paved, or otherwise changed so as to make the resetting or reconstruction of such poles or the relocation of such services necessary, the Telephone Company, its successors, and assigns shall make such necessary change in construction at the Telephone Company’s cost; provided, that before said Telephone Company installs any plant or other equipment hereunder, it shall first apply to the City Council for the establishment of permanent grades, curb lines, and sidewalk lines unless permanent grades, curb lines, and sidewalk lines have already been established, and then shall install poles, services, and other equipment in accordance with such permanent grades and lines. The City agrees to promptly establish such permanent changed except upon reasonable and substantial need. The Telephone Company shall not be required to install permanent fixtures, poles and other equipment until such grades and lines shall have been established.

 

Section 7. Movement of Buildings

In case any person desires to move a building along streets, avenues, alleys, or public places crossed by the wires of said Telephone Company, and in case it becomes necessary to have said wires temporarily raised or removed for the purpose of the passage of such buildings, Telephone Company shall be entitled to forty-eight (48) hours notice in writing to that effect. When such notice has been received by said Telephone Company, and upon payment of a reasonable cost resulting from the removing, changing, and replacing of such wires by the person desiring such move, it shall be the duty of Telephone Company to remove or raise such wires so as to permit the passage of such building. Telephone Company shall not be required to make such change or removal except at a reasonable time.

 

Section 8. Company to Indemnify City

Said Telephone Company shall indemnify and hold said City, its officers, boards, commissions, committees, agents, and employees harmless from any and all claims and damages due to negligence, alleged or otherwise, on the part of said Telephone Company operation of such poles, lines, equipment, and other related services.

 

Section 9. Fire, Patrol, and Traffic Systems Use of Poles

The City of Rich Hill shall at any and all times have free privilege and use of the poles erected by said Telephone Company for the construction and maintenance of a fire alarm system, patrol system, and/or electric traffic signal system. Said systems or any part thereof shall not interfere with the efficiency of the said telephone system, and shall be constructed by said City in conformity with the National Electric Code. The Telephone Company shall not be liable for any damage on account of insufficient construction of said fire alarm system, patrol system, and/or electric traffic signal system. If the Telephone Company replaces any of its poles in order to provide proper standard electrical clearances for the various circuits, the City shall pay the Telephone Company the undepreciated portion of the life of the pole or poles replaced.

 

Section 10. Tree Trimming

Permission is hereby granted to the Telephone Company to trim trees upon and over-hanging the streets, alleys, sidewalks, and public places in said City so as to prevent branches of said trees from coming into contact with wire and cable of the Company, all of the trimming to be done under the supervision and direction of any City Official to whom said duties may be delegated, and at the expense of the Telephone Company.

 

Section 11. Term

All rights and privileges granted by this ordinance are granted for a term of twenty (20) years from and after the acceptance of this ordinance as hereinafter provided.

 

Section 12. Written Acceptance By Company

After the passage, approval, and ratification of this ordinance, and within thirty (30) days after such ratification, this ordinance shall be accepted by said Telephone Company by filing an unconditional written acceptance with the City Clerk of said City. Unless the proper acceptance has been filed within thirty (30) days, this ordinance shall be null and void.

 

Section 13. Abridgement or Termination of Franchise

 

1. Should said Telephone Company fail, neglect or refuse to perform or to comply with any of the conditions or terms of this ordinance, then this ordinance shall become null and voided, and the privileges granted hereby shall terminate. Provided, however, that in the event of such failure, neglect, or refusal, said Telephone Company remedies such failure, neglect, or refusal within a reasonable time, this ordinance and the privileges granted hereby shall continue in full force and effect.
2. Should the Council find a violation of this franchise, but not of sufficient gravity to require termination, or if the Council determines that termination would not serve the public health, safety, and welfare, the Council shall notify the Telephone Company in writing of the alleged violation, and the Telephone Company upon receipt of such notice, shall have the opportunity to remedy such violation within a reasonable time. Should the Telephone Company fail to remedy the alleged violation, the City Council may abridge the term of the franchise for a period of time not less that thirty (30) days but not more than 180 days. Each day’s violation of this section may be considered a separate offense. Abridgement of the franchise term:

 

1. Shall be made by resolution; which resolution shall state the findings and conclusions of the Council.
2. Shall be cumulative and irrevocable.
3. Upon passage of a resolution, the abridgement term shall be subtracted from the term of the franchise and a new termination date established.

 

1. Disposition of the Facilities.

In the event a franchise expires, is revoked, or otherwise terminated, the City may order the removal of the system facilities from the City within a reasonable period of time as determined by the City. The City may authorize the Telephone Company to maintain and operate its network until a subsequent telephone company is selected. In removing its plant, structures, and equipment, all City streets, easements, and other rights of way shall be returned to their original condition with costs to be assumed by the Telephone Company.

 

Section 14. Non-Franchised User, Violation.

Should the Telephone Company be notified in writing by the City that an entity is utilizing streets, easements, and rights of way of the City and the poles, conduits, or facilities of the Telephone Company without being properly franchised or licensed by the City, then the Telephone Company shall take all legal steps necessary to deny the said non-franchise entity from utilizing or having access to streets, easements, and other public rights of way of the City and poles, conduits, and plant of the Telephone Company.

 

Section 15. Successors and Assigns.

All provisions of this ordinance which are obligatory upon, or which inure to the benefit of said K.L.M. Telephone Company, shall be obligatory upon and shall inure to the benefit of all successors and assigns of said K.L.M. Telephone Company, and the words include and be taken to mean not only the KLM Telephone Company, but all successors and assigns of said KLM Telephone Company.

 

Section 16. Repealer.

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

 

Section 17. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, and such portions shall be deemed a separate, distinct, and independent provision, and such holding shall not effect the validity of the remaining portions hereof.

 

Section 18. This ordinance shall be in full force and effect from and after its passage and approval.

 

First Reading September 10^th , 2013

Second Reading September 23^rd , 2013

Passed and approved this 23^rd day of September 2013

 

 

_________________________­­­­   Richard Miller-Mayor

 

_________________________   Tonya Perryman-City Clerk

 

________________________ (Joe Jetensky)-KLM Telephone Company

 

________________­­­­­­­________ (authorized representative)-, Attest

 

Ayes:   Moreland, Pilcher, Perkey-Ewing, Becker. 1^st Reading

Ayes:   Pilcher, Perkey-Ewing, Becker. 2^nd Reading Moreland Absent

Nays: None

 

 

AN ORDINANCE ESTABLISHING AND ADOPTING A SEMI-ANNUAL FINANCIAL PUBLICATION ORDINANCE FOR THE CITY OF RICH HILL

 

BE IT RESOLVED by the Board of Alderman of the City of Rich Hill as follows:

 

WHEREAS, PURSUANT TO MISSOURI RSMo SECTION 79.160: The board of aldermen shall semiannually each year, at times to be set by the board of Alderman, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the city for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the city.

 

THEREFORE, BE IT ORDAINED THAT;

 

The City of Rich Hill will publish a semi-annual financial report by the following dates of each calendar year hereafter:

 

July 31^st &

January 31^st

 

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

as provided by law.

 

 

1^ST READING 27^TH DAY OF AUGUST 2013

2^ND READING 10^TH DAY OF SEPTEMBER 2013

 

 

PASSED THIS 10^TH DAY OF SEPTEMBER 2013

 

__________________________________________

Richard Miller, Mayor

 

ATTEST:

 

__________________________________________

Tonya Perryman, City Clerk

 

 

Ayes:

Nays: NONE

 

 

AN ORDINANCE GRANTING A FRANCHISE TO N.W. COMMUNICATIONS, INC., TO OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF RICH HILL, MISSOURI.

 

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

 

SECTION 1: TITLE

 

This ordinance shall be known and may be cited as the “Community Cable Television Franchise Ordinance”.

 

SECTION 2: DEFINITIONS

 

For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Where not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include plural number. The word “shall” is always mandatory and not merely directory.

 

• “City” is the City of Rich Hill, Missouri, a municipal corporation, and its successor in interest, and which, territorially, shall include all territory within the corporate limits of the City as such limits now exist or may from time to time be changed by annexations.
• “Board” is the Board of Alderman of the City of Rich Hill, Missouri.
• “Company” is N.W. Communications, Inc., a Missouri Corporation, its assigns and successors in interest.
• “FCC” is the Federal Communications Commission and any legally appointed or elected successor.
• “Gross Revenues” means all revenues derived directly or indirectly, including revenues received from advertising, by the Company, its affiliates, subsidiaries, parents or persons in which the Company has a financial interest from and in connection with the operation of the Cable Television System in the City pursuant to this grant of authority, except this shall not include sales tax, grants from federal, state or local governments, or grants from not-for-profit foundations or corporations and it shall not include investment income, rental income or other income which is not derived from the operation of the labor-intensive services.
• “Person” is a person, firm, partnership, association, corporation, company or organization of any kind.
• “Street” shall mean the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley court, boulevard, parkway, drive or other easement now or hereafter held by the City for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by the City which shall, within their proper use and meaning, entitle the City and Company to the use thereof for the purposes of installing or transmitting Cable Television System transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and any other property as may be ordinarily necessary and pertinent to a cable television system.
• “Cable Television System” or “System” shall mean any system which receives and amplifies signals broadcast by one or more television and/or radio stations and which transmits programming originated by the System itself or by another party, and distributes such signals and programming by wire, cable, fiber, microwave, satellite or other means to persons who subscribe to such services.
• “Subscriber” means a recipient of Cable Television Service.

 

SECTION 3: GRANT OR AUTHORITY

There is hereby granted by the City to the Company the non-exclusive right, privileges and license to construct, operate and maintain a Cable Television System for the reception and amplification of television and radio signals transmitting programs, and the redistribution of such signals by wire or cable to subscribing members of the public for a fee, for a period or five (5) years from and after the effective date hereof.

 

SECTION 4: COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES

 

The Company shall, at all times during the life of the franchise, be subject to, and shall abide by, all applicable ordinances of the City and all laws, rules and regulations of the FCC, and any other federal and state regulatory agencies.

 

SECTION 5: FRANCHISE TERRITORY

The Franchise is for the present territorial limits of the City and for any area henceforth added hereto during the term of this franchise. Cable Televisions Services shall be made available to the entire franchise area. Subscribers may be added outside the territorial limits of the City, and shall be included in determining Gross Revenues.

 

SECTION 6: FRANCHISE NON-ASSIGNABLE

The Company shall not assign, or attempt to assign, its right, privileges and license to construct, operate and maintain its Cable Television System as granted by this Ordinance without the approval of the Board except as provided hereinafter. Furthermore, neither the Company nor any of its shareholders shall sell, assign, transfer, give, mortgage, lease, pledge or merge any of the stock or property of the Company, so as to result in any change in management of the Company; however this prohibition shall not apply to inter-family transfers, transfers to entities owned or controlled by the Company, its affiliates, stockholders or members of their family for estate or estate planning purpose. Further, this restriction shall not prohibit the Company from transferring property in the ordinary course of business in exchange for like property or property in replacement thereof nor shall it prohibit the Company from making pledges or assignments as collateral security for bona fide loans form lending institutions when so required and when in the ordinary course of business of the Company.

 

Should the Company desire to transfer its franchise, a joint application to transfer shall be filled by the Company and the proposed transferee with the Clerk of the City at least ninety (90) day prior to the intended date of transfer. The transfer application shall contain:

 

• Names and addresses of the parties thereto;
• The kind of business organization of the transferee;
• If incorporated, a copy of the transferee’s Articles of Incorporation, the names addresses of all officers and directors of the transferee, and the names and addresses of all shareholders of the transferee owning more than 10% of the outstanding stock, and the number of shares held by each;
• If the transferee is an association or a partnership, a written copy of said Articles of Association or Partnership, showing the names addresses and interest of all parties thereto;
• The consideration to be paid for the assignment of said license and the method of payments thereof and, if the Company proposes to sell some or all of its other systems, the application shall state the total consideration to be paid for all of the systems and it shall state the consideration to be paid for each system in each town;
• A financial statement of the transferee prepared by a reputable public accountant;
• A detailed analysis of the net worth of the transferor’s system and facilities under this license properly documented and prepare by reputable certified public accountant; and
• Such additional information and the Board shall require.

 

 

SECTION 7: TERMINATION AND FORFEITURE OF FRANCHISE

In addition to any and all of the rights and powers possessed by the City by virtue of the franchise or otherwise, the City reserves the right to terminate and forfeit the franchise and all rights and privileges of the Company hereunder in the event that the Company:

 

• Violates any provision of the franchise or any rule, order or determination of the City or Board made pursuant to the franchise, except where such violation is without fault or through excusable neglect;
• Attempts to dispose of the Cable Television System or any of its facilities or property without the consent of the City or in any effort to prevent the City from purchasing the same, as provide herein;
• Attempts to evade any provision of the franchise or practices ay fraud or deceit upon the City; or
• Fails to properly maintain its System and service of providing cable television to the franchise area.

 

Prior to terminating and forfeiting the Company’s franchise for violation of the franchise a set forth herein above, the City shall notify the Company in writing of the violation and its intent to terminate or forfeit the franchise. The Company shall then have thirty (30) days or such longer times as the Board may allow, correcting or remedying the violation as set forth in the notice of intent of the City to terminate and forfeit the franchise. The Board shall determine whether or not any violation by the Company is found to have been for just cause, and if so the Board shall direct the Company to comply therewith within such time and manner and upon such terms and conditions as are just and reasonable. If the Board shall determine such violation by the Company was without just cause, then the Board may by resolution, declare that the franchise of the Company shall be terminated and forfeited unless there is compliance by the Company within such period as the Board may fix.

 

In the event of termination and forfeiture of the franchise, the Company shall have six (6) months from the date of notice of termination to find a Buyer acceptable to the City and sell its System or remove within ninety (90) thereafter at its own expense, all portions of its Cable Television System from the streets and poles within the City and shall restore the streets and poles to a condition reasonably satisfactory to the City within such period of time, unless the City requires the franchisee to continue operation pursuant to Section 16 hereunder.

 

SECTION 8: EXTENDING CABLE TELEVISION SYSTEM TO ANNEXED AREAS

 

In the event of annexation of areas into the City where the Cable Television System has not heretofore been installed and made available, the Company shall extend its System to the annexed areas with a reasonable time, taking into consideration the number of potential Subscribers, the number of feet of miles the System would have to be extended and the cost of the extension.

 

 

SECTION 9: MAINTAINING QUALITY OF SYSTEM AND COMPLAINT PROCEDURE

 

Any Subscriber or other interested person having a complaint against the Company may register and file his complaint with the City Clerk and with the Company. The Company shall maintain an office in the City, or at such place approved by the City, which shall be open during all regular business hours, or in the alternative, shall furnish, at all times, a toll free publicly listed telephone number, and it shall be so operated that complaints and request for repairs or adjustments may be received during normal business hours. The Company shall maintain a repair maintenance crew capable of responding to Subscriber complaints or request for maintenance service within 24 hours after receipt of the complaint or service. No charge shall be made to the Subscriber for this service, unless the complaint arises from the television set or other property of the Subscriber, in which case a reasonable charge may be made.

 

The Company shall maintain a record of each complaint or trouble call received from Subscribers at the Company’s local office for a period of at least two (2) years from the date of the event to which it relates and such reports shall be available for inspection during regular business hours without further notice or demand by a representative of the City. Such reports shall include the following data and such other data requested by the Board:

 

• Subscriber identification
• Date and approximate time the complaint was received
• Date and approximate time of Company’s response
• Nature of the complaint
• Brief description of the fault
• Corrective steps taken (if any required)
• Date case is closed
• Identification of the technician or repairman

 

In the event that a Subscriber complaint is not resolved to the mutual satisfaction of the Subscriber and the Company, either the Subscriber or the Company may request that the matter be presented to the Board for hearing and resolution. If the Board determines that the Company shall take further remedial or corrective action, the Company shall proceed according to the directive of the Board, or its franchise may be terminated and forfeited as hereinabove provided.

 

SECTION 10: COMPANY LIABILITY: INDEMNIFICATION

The Company agrees to hold and save the City harmless from any and all liability that may arise out of the construction, maintenance, operation or use of the Company’s Systems and works and the providing of such services and to provide and keep in force adequate liability insurance therefore to the extent of bodily injury limits of $500,000.00-$500,000.00 and a property damage limit of $300,000.00-$300,000.00 naming the City as an additional insured, as its interest may appear. The Company shall also provide and maintain insurance under a broad form automobile policy with $100,000.00, $300,000.00, $100,000.00 coverage limits and Workmen’s Compensation Insurance with state statutory limits. All insurance shall be issued by a company authorized to do business in Missouri. The Company shall maintain on file with the City at all times a current certificate of insurance. All insurance policies shall, if possible, provide for not less than 30 day notice of cancellation.

 

SECTION 11: USE OF EXISTING POLES, PLACEMENT OF ADDITIONAL POLES, INSTALLATION OF UNDERGROUND FACILITIES AND REMOVAL OF FACILITIES AND EQUIPMENT

 

Upon obtaining permission from the City or other owner of the poles, the Company shall have the right to use any existing poles in the City and to erect such additional poles as may be necessary for the operation of its System. Erection of the poles and installation of the Company’s equipment and facilities thereto shall be in conformity with the City’s ordinances and shall meet or exceed the specifications and requirements of applicable state and federal regulatory agencies.

 

In any area of the City where electrical and telephone lines are underground, the Company shall install and maintain its cables and necessary appurtenances underground, unless otherwise authorized by the City.

 

In the event any street, alley, public highway or utility easement, or any portion thereof, used by the Company shall be vacated by the City or the use thereof be discontinued by the Company, during the term of the franchise, the Company shall forthwith remove its facilities there from unless specifically permitted to continue the same, and upon the removal thereof, restore, repair or reconstruct the street area where such removal has occurred and place the street area where such removal has occurred in such condition as may be required by the Board.

 

The Company at its own expense and subject to the rights of adjoining property owners, shall have the right and authority to trim trees upon and overhanging any public places of the City where contact with the wires and cables of the System is threatened.

 

The Company shall at its own expense protect, support, temporarily disconnect, relocate or remove any property of the Cable Television System located upon streets, rights-of-way, easements of the City, when required by the City because of traffic conditions, public safety, street vacation, street construction, change of establishment of street grade, installation of sewers, drains, water pipes, power lines and tracks or any other type of structure or improvement by the City. If the Company fails to do so within a reasonable time, the City may cause the necessary work to be completed and the Company shall pay the City the cost thereof within ten (10) days after the receipt of an itemized account of such cost.

 

SECTION 12: PAYMENT TO CITY

In consideration of the rights, privileges, and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the Company, and to properly regulate the activities of it, the Company shall, on or before the 31^st day of January and the 31^st day of July of each year in which this franchise is effective, pay to the City a sum equal 3% of the Gross Revenues for Cable Television Service from subscribers of the Rich Hill, Missouri, Cable Television System, for the preceding six (6) month period.

 

No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Ordinance.

 

The City shall have the right to inspect the Company’s income records and the right to audit and recompute any amounts determined to be payable under this Ordinance; provided, however, that such audit shall take place within twelve (12) months following the close of each of the Company’s fiscal years. Any additional amount due the City as a result of the audit shall be paid within thirty (30) day following notice to the Company by the City, which shall include a copy of the audit report.

 

In the event that any franchise payment or recomputed amount is not made on or before the applicable dates heretofore specified, interest shall be charged from such date at the annual rate of 15%.

 

In addition to the payment of the franchise fee hear in above provided, and payable upon the anniversary date of this ordinance, the Company shall pay to the City a sum equal to $4.25 for each pole owned by the City and used by the Company in the operation of its system within the City.

 

SECTION 13: BOOKS, RECORDS AND ACCOUNTING STANDARDS

 

The Company shall maintain financial records governing its operation in the franchise area. The City shall have the right to inspect at any time during business hours (after making a reasonable request which will not interfere with the Company’s operations), all books, records, maps, plans, income tax returns, financial statements and other like material of the Company which relate to its operation in the City.

 

All financial reports and records as hereinabove provided shall conform to generally accepted accounting principles apply on a fair and consistent basis. Annual financial reports prepared by a certified public accountant shall be filed with the City within thirty (30) days after the close of the Company’s fiscal year.

 

Further, the City shall have the right to conduct annually, or have conducted annually, an audit of the Company’s financial books and records pertaining to its operation in the City, but the same shall be done at the City’s expense; provided, however, if the Company conducts its own audit a copy thereof shall be provided to the City at no cost.

 

SECTION 14: RATES

The Company shall be allowed to charge its customers a just, fair and reasonable fee for various services.

 

SECTION 15: DISCRIMINATION PROHIBITED

 

The Company shall not deny service, or access, or otherwise discriminate against Subscribers, channel users, or general citizens on the basis of race, color, religion, or national origin, sex or age. Further, the Company shall comply at all times with all applicable federal, state and/or city laws, ordinances, rules or regulations relating to non-discrimination.

 

SECTION 16: CONTINUITY OF SERVICE AND CONTINUATION OF SERVICE ON EXPIRATION OR TERMINATION OF THE FRANCHISE

 

The Company shall be required to provide continuous service to all Subscribers during the term of the franchise. Upon the expiration of this franchise or termination of this franchise as hereinabove provided, the Company shall nevertheless continue to operate and maintain its System and provide its service until the City assumes operation of the System or until directed in writing by the City to finally terminate and discontinue its service, whichever occurs first.

 

SECTION 17: NO RESOURCE AGAINST THE CITY

The Company shall have no resource whatsoever against the City or its officials, boards, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this Ordinance and the franchise granted pursuant hereto, or because of enforcement of this Ordinance and the franchise granted pursuant hereto.

 

SECTION 18: NONENFORCEMENT BY CITY

The Company shall not be relieved of its obligation to comply with any of the provisions of this Ordinance by reason of the failure of the City to enforce prompt compliance. Nor shall any action by the City be deemed to constitute a waiver of any provisions or requirements of this Ordinance and the franchise, or the right of the City to enforce this Ordinance and compliance with this franchise.

 

SECTION 19: TECHNICAL STANDARDS

Unless otherwise agreed between the City and Company, the Company’s Cable Television System shall be constructed and operated in compliance with all technical and other standards and requirements of the Federal Communications Commission.

 

SECTION 20: AMENDMENT TO FRANCHISE

This franchise Ordinance may only be amended by application from the Company and approved by the City.

 

SECTION 21: SEVERABILITY

If any section, sentence, clause or phrase of the Ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the Ordinance, and any portions in conflict are hereby repealed; provided, however, that in the event the Federal Communications Commission declares any section invalid, then such section or sections shall be renegotiated by the City and the Company.

 

SECTION 22: EFFECTIVE DATE OF ORDINANCE

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

 

First Reading this 23rd Day of April, 2013

Second Reading this 14^th Day of May 2013.

 

 

__________________________________

Richard Miller, Mayor

 

 

ATTEST:

 

______________________

Tonya Perryman, City Clerk

 

Ayes: Moreland, Pilcher, Perkey-Ewing, Becker

Nays: None

AN ORDINANCE OF THE CITY OF RICH HILL REGULATING THE SALE AND USE OF FIREWORKS IN THE CITY LIMITS OF RICH HILL, MO

 

 

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

 

SECTION 1: Fireworks

 

For the purposes of this ordinance, the term fireworks shall mean and include any combustible or explosive compositions or any substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation which requires fire or explosives to detonate or propel the same.

 

SECTION 2: Provisions for storage, licensing and selling.

 

Except as otherwise provided in this Ordinance, it shall be unlawful for any person, firm or entity to store, sell or offer for sale fireworks of any type within the city limits, provided however, the City will allow fireworks stands, by permit, if located on property adjacent to Old 71 Highway (also known as 14^th Street) for a period beginning from June 20^th through July 4^th at 12:00 o’clock midnight of each year, and through the event until 10:00 p.m.

1. Fireworks shall not be sold or kept for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept in unbroken containers, unless kept in a separate and distinct section or department of the said place of business. Two (2), two and one-half (2-1/2) pound fire extinguishers shall be provided and kept in close proximity to the stock of fireworks in all buildings and small stands temporarily erected to be used as a place for storing and selling fireworks only.
2. “NO SMOKING” signs shall be displayed in a clearly visible location.
3. It shall be unlawful for any person to throw, use, explode, detonate or shoot any fireworks within 100 feet of the place of fireworks sales.

 

SECTION 3: Application for permit.

 

Any person, firm or entity desiring to sell or offer to sale fireworks of any type within the city limits shall make application by filing a written request with the city clerk no later than May 15^th of the year in which the sales are to occur.

1. The granting or denials of applications for permits shall be at the sole discretion of the Board of Alderman. All applications shall contain the name of applicant, in addition to a detailed description of the location of sale site or sites, type of structure from which sales are to be made and provisions for fire protection.
2. The Board of Aldermen will make a decision on approval/denial permit requests no later than May 31^st of each year.
3. All permits issued and approved are personal to the applicant and nontransferable. The sale of fireworks or operation of place of sale by any one other than the permittee shall void the permit and cause forfeiture of the permit.
4. Upon approval of permit by Board of Alderman, permit will be issued to successful applicant(s) upon their presentation of State fireworks permit and completion of successful criminal background check. Applicant will pay for cost of background check.
5. Proof of liability insurance in the amount of $1,000,000.00 with the City of Rich Hill listed as an additional insure on the policy shall be provided to City Clerk. Permittee shall be required to indemnify and hold harmless the City of Rich Hill, Missouri from any and all claims, demands, judgments and expenses, including reasonable attorney fees and litigation costs, arising out of all activities conducted by Permittee in connection with the sale of fireworks under the permit.
6. Successful applicant for fireworks permit shall be required to display a sign stating that fireworks may only be detonated or shot off within the city limits from June 20^th to July 3^rd until 10:00 p.m. and July 4^th to midnight, and through the event until 10:00 p.m.
7. Successful applicant will be required to pay a $100.00 fee.

 

Section 4: Use of fireworks with aerial trajectory prohibited.

 

It shall be unlawful for any person to possess with intent to discharge, throw, use, explode, detonate or shoot, within the city limits, bottle rockets, rockets of all types and sizes and any and all fireworks with an aerial trajectory having a cylinder or cartridge that is not intended to be completely consumed before landing.

 

Section 5: Use of other fireworks limited.

 

It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such manner that the explosion of same will likely endanger or cause injury or damage to any person or property; provided further that it shall be unlawful for any person to shoot or detonate fireworks of any nature within the city limits except on June 20^th to July 3^rd until 10:00 p.m., through the event until 10:00 p.m., and July 4^th to midnight of each year.

 

Section 6: Exceptions to Fireworks Prohibition

 

Nothing in this Ordinance shall prohibit:

1. The sale or use of ammunition or firearms, blank cartridges for sporting, theatrical, police or military purposes, or caps for cap pistols or fuses and signal for use by railroads or trucks or prohibit any resident wholesaler, dealer or jobber from selling fireworks at wholesale for shipment and delivery outside the City.
2. The sale or use of fireworks to competent adults for a fireworks or pyrotechnic display open to the general public given by an organization, lodge, club, amusement park or group of individuals; provided however, that a permit for such use first be secured from the Fire Chief following an application that sets forth the following information:
   • name of group or organization sponsoring the display;
   • date and time of display;
   • exact location planned for the display;
   • name, address, age and physical condition of the persons who are to do the actual firing or discharging of the display;
   • type of fireworks to be used; and
   • manner and place of storage of the fireworks while in the City.

If, after an investigation, the Fire Chief shall be satisfied that the display will be conducted safely, the Fire Chief shall issue a permit.

 

Section7: Penalty for Violation.

 

Any person, firm or corporation violating the provisions of this ordinance shall, upon conviction, be fined not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) for each and every offense.

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

 

This ordinance read two times and passed this 23rd day of April, 2013.

 

 

_____________________________

Richard Miller, Mayor

 

ATTEST

 

 

__________________________________

Tonya Perryman, City Clerk

 

Ayes: Moreland, Pilcher, Perkey-Ewing, Becker.

Nays: None

BILL NO.393                             ORDINANCE NO. 1393

 

AN ORDINANCE TO ESTABLISH THE DUTIES, HOURS AND COMPENSATION FOR THE POSITION OF DIRECTOR OF PUBLIC SAFETY FOR THE CITY OF RICH HILL.

 

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

 

Section 1. Job Duties

The Director of Public Safety for the City of Rich Hill will be required to perform the following duties:

1. Shall work cooperatively with the State Emergency Management, Civil Defense and Police Department and any other departments as required to protect the public’s safety and welfare.
2. Shall be responsible for record management of all criminal charges and convictions.
3. Shall work cooperatively with all other departments to ensure that all radio communications are conducted efficiently and appropriately.
4. Shall assist the citizens of Rich Hill with preventing fire and working toward prevention of crime.

 

Section 2. Working Hours

The Director of Public Safety for the City of Rich Hill will be required to work 40 hours a week. A workweek will begin at 7:00 a.m. on Monday and end the following Monday at 6:59 a.m.

The Director of Public Safety must work at least 1 weekend a month with rotating shifts.

 

Section 3. Salary

The Director of Public Safety for the City of Rich Hill will be paid a weekly salary to be set by the Board of Alderman.

 

Section 4. Benefits

The Director of Public Safety for the City of Rich Hill will comply with the ordinance of work rules and procedures for the employees of the City of Rich Hill.

 

Section 5. Qualifications

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

 

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

 

First Reading this 23rd day of April 2013.

Second Reading this 14^th day of May 2013.

 

 

_____________________________________

Richard Miller, Mayor

 

ATTEST:

 

_____________________________________

Tonya Perryman, City Clerk

Ayes:   Pilcher, Moreland, Perkey-Ewing, Becker     Nays:   None

AN ORDINANCE REGULATING OFFENSES AGAINST PROPERTY RIGHTS

 

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

Article 1.  Feigning blindness for profit.

A person who simulates blindness or pretends to be a blind person with the purpose of obtaining something of value from another person by deceit commits the offense of feigned blindness.

Article 2.  Reckless burning or exploding

A person commits the crime of reckless burning or exploding when he knowingly starts a fire or causes an explosion and thereby recklessly damages or destroys a building or an inhabitable structure of another.

Article 3.  Negligent burning or exploding.

A person commits the crime of negligent burning or exploding when he with criminal negligence causes damage to property of another by fire or explosion

Article 4.  Fire, negligence in setting or allowing to escape on cropland, grassland, marsh, prairie, woodland.

1. A person commits the crime of negligently setting fire to a woodland, cropland, grassland, prairie or marsh when he with criminal negligence causes damage to a woodland, cropland, grassland, prairie or marsh of another by starting a fire.
2. A person commits the crime of negligently allowing a fire to escape when he with criminal negligence allows a fire burning on lands in his possession or control to escape onto property of another

Article 5 Burning in Violation of Temporary Burn Ban

A person commits the crime of burning in violation of a temporary burn ban when he or she knowingly or negligently ignites within the city limits of Rich Hill, Missouri an open outdoor fire at a time when there is in existence a temporary burn ban issued by the City’s Fire Chief.

Article 6.  Tampering in the second degree.

1. A person commits the crime of tampering in the second degree if he:
   1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another;
   2. Unlawfully rides in or upon another’s automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle;
   3. Tampers or makes connection with property of a utility;
   4. Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
      1. To prevent the proper measuring of electric, gas, steam, or water service; or
      2. To permit the diversion of any electric, gas, steam or water service.
2. In any prosecution under subsection (a)(4), proof that a meter or any other property of a utility has been tampered with, and the person accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in subsection (a)(4) a. and b., shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subsection by the person who uses or receives the direct benefit of the electric, gas, steam or water service.

Article 7.  Property damage in the second degree.

a. A person commits the crime of property damage in the second degree if:

1. He knowingly damages property of another;
2. He damages property for the purpose of defrauding an insurer.

Article 8.  Trespass in the first degree.

1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
2. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or an to which notice against trespass is given by:
   1. Actual communication to the actor; or
   2. Posting in a manner reasonably likely to come to the attention of intruders.

Article 9.  Trespass in the second degree.

A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another.  This is an offense of absolute liability.

Article 10.  Unauthorized removal, defacing, etc, of handbills, posters.

Whoever, in this City, shall remove, take down, deface, mark, injure or destroy any handbill or advertisement posted or put up by another, before the same shall have expired, shall upon conviction be deemed guilty of a misdemeanor.

Article 11. Attaching posters to utility poles, trees.

It shall be unlawful for any person to post, stick, paste, tack or otherwise place upon any telegraph, telephone or electric light pole or any tree located in the public streets, thoroughfares or public places in the city any advertisement, bill, poster, circular, announcement, program or any written or printed matter whatever.

Article 12.  Attaching posters to property of another without consent, public property.

It shall be unlawful for any person to post, stick, paste, tack or otherwise place upon any building, house, fence, gate, post, pole or tree of another without his consent, or upon any schoolhouse, church, city hall or other public building within the city any advertisement, bill, poster, circular, announcement, program or any written or printed matter whatever.

Article 13 Painting on, otherwise tampering or interfering with property

Without the permission of the owner, no person shall write, paint signs or make symbols upon the property of another nor upon the property of this City whether for fun, wantonness or malice, nor do anything to such property intended or designed to be in derision of, or to cast reflections upon, the owner or occupant of such property nor do any injury to such property or interfere therewith to the annoyance of the owner.

Article 14 Cutting, injuring trees, bushes, etc., without consent.

No person shall cut, hack, remove or otherwise injure any tree, bush, vine or grass or plant belonging to another or to this City without the consent of such owner.

Article 15 Tearing down, removing property without consent.

 Without consent of the lawful owner, no person shall tear down, remove, loosen, cut or otherwise injure any gate, post, picket fence, lamp post, awning, guttering, railing, porch, buildings, store, shop, shed or house or any other property belonging to another or to this City.

Article 16 Tampering with, defacing public property.

(a)    No person without lawful authority to do so shall tamper with, deface, damage, conceal or remove any public property within this City.

(b)   No person shall dig or excavate on any City property except in connection with engaging in metal detecting that has been authorized by the City in connection with a metal detecting permit as provided in sub-paragraph (c) below.

(c)    No person shall search on public property with metal detectors without obtaining a permit from the City ofRich Hill.

Article 17 Removing, defacing monuments, landmarks.

No person shall intentionally remove, deface, injure or destroy any State monument or landmark in this City established by legal survey without lawful authority to do so.

Article 18 Stealing

(a)    A person commits the crime of stealing if he appropriates property or services of another with the purpose to deprive him thereof, either without his consent or by means of deceit or coercion.

(b)   Evidence of the following is admissible in any criminal prosecution under this section on the issue of the requisite knowledge or belief of the alleged stealer that:

(1)    He failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;

(2)    He gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;

(3)    He left the hotel, restaurant, inn or boardinghouse with the intent to not pay for the property or services;

(4)    He surreptitiously removed or attempted to remove his baggage from a hotel, inn or boardinghouse.

Article 19 Receiving stolen property

(a)    A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein; he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

(b)    Evidence of the following is admissible in any criminal prosecution under this section to prove the requisite knowledge or belief of the alleged receiver:

(1)    That he was found in possession or control of other property stolen on separate occasions from two (2) or more persons;

(2)    That he received other stolen property in another transaction within the year preceding the transaction charged;

(3)    That he acquired the stolen property for a consideration, which he knew, was far below its reasonable value.

Article 20 Alteration or removal of items numbers with intent to deprive lawful owner

(a)    A person commits the crime of alteration or removal of items numbers if he, with the purpose of depriving the owner of a lawful interest therein:

(1)   Destroys, removes, covers, conceals, alters, defaces or causes to be destroyed, removed, covered, concealed, altered or defaced the manufacturer’s original serial number or other distinguishing owner-applied number or mark, on any item which bears a serial number attached by the manufacturer or distinguishing number or mark applied by the owner of the item, for any reason whatsoever;

(2)   Sells, offers for sale, pawns or uses as security for a loan any item on which the manufacturer’s original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced;

(3)   Buys, receives as security for a loan or in pawn, or in any manner receives or has in his possession any item on which the manufacturer’s original serial number or other distinguishing owner-applied number or mark has been destroyed, removed, covered, concealed, altered or defaced.

Article 21 Issuing a false instrument or certificate

(a)    A person commits the crime of issuing a false instrument or certificate when, being authorized by law to take proof or acknowledgement of any instrument which by law may be recorded, or being authorized by law to make or issue official certificates or other official written instruments, he issues such an instrument or certificate, or make the same with the purpose that it be issued, knowing that:

(1)   It contains a false statement or false information; or

(2)   It is wholly or partly blank.

Article 22 Passing bad checks

(a)    A person commits the crime of passing a bad check when, with the purpose to defraud, he issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee.

(b)   If the issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, this fact shall be prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.

(c)    If the issuer has an account with the drawee, failure to pay the check or order within ten (10) days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.

(d)   Notice in writing means notice deposited as first class mail in theUnited   Statesmail and addressed to the issuer at his address as it appears on the dishonored check or to his last known address.

(e)    The face amount of the any bad check passed pursuant to one (1) course of conduct within any ten-day period may be aggregated in determining the grade of offense.

Article 23 Deceptive business practice.

(a)    A person commits the crime of deceptive business practice if in the course of engaging in a business, occupation or profession, he recklessly:

(1)   Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(2)   Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;

(3)   Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure;

(4)   Sells, offers or exposes for sale adulterated or mislabeled commodities; or

(5)   Makes a false or misleading written statement for the purpose of obtaining property or credit.

Article 24 Commercial bribery.

A person commits the crime of commercial bribery:

(1)                 If he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as:

(a)    Agent or employee of another;

(b)   Trustee, guardian or other fiduciary;

(c)    Lawyer, physician, accountant, appraiser or other professional advisor or informant;

(d)   Officer, director, partner, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or

(e)    Arbitrator or other purportedly disinterested adjudicator or referee;

(2)                  If a person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal or criticism of commodities or services, he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism;

(3)                 If he confers or offers or agrees to confer any benefit the acceptance of which would be criminal under subsection (1) and (2) above.

Article 25 Sports bribery

It shall be unlawful for any professional or amateur baseball, football, hockey, basketball, tennis or polo player, boxer or jockey, driver or groom or participant or prospective participant in any sport or game, or manager, coach or trainer of any team or individual participant or prospective participant in any such game, contest or sport to accept, attempt to obtain or to solicit any valuable thing to influence him to lose or try to lose or cause to be lost or to limit his or his team’s margin of victory in a baseball, football, hockey or basketball game or boxing, tennis or polo match, or horse race or any game or sport in which he is taking part, or expects to take part, or has any duty or connection therewith.

Article 26 False advertising.

A person commits the crime of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property or services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

Article 27 Bait advertising

(a)    A person commits the crime of bait advertising if he advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:

(1)   At the price which he offered them;

(2)   In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or

(3)   At all

Article 28 Defrauding secured creditors.

A person commits the crime of defrauding secured creditors if he destroy, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with purpose to defraud the holder of the security interest.

Article 29 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction be fined in an amount of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) and the Court costs or be imprisoned or both.

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

The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance, which can be given effect without such invalid part or parts.

This Ordinance shall be in force and effect from and after its passage and approval as provided by law,

First readingAugust 14, 2012

Second readingAugust 14, 2012

Read the two times and passed this 14^th day of August 2012.

Approved this 14^th day of August 2012

_______________________________________

Jimmy Kithcart, Mayor

ATTEST:

_______________________________________

Michele Gould, City Clerk

Ayes: Kassner, Perkey-Ewing, Becker

Nays: None

 

AN ORDINANCE VACATING ALLOF THE ALLEY LYING NORTH OF LOTS 7-12 ANDSOUTH OF LOTS 1-6 IN BLOCK 164 IN TOWN COMPANY’S 2^ND   ADDITION IN RICH HILL, MISSOURI

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

 

Section 1.  That the entire alley lying North of Lots 7-12 and South of Lots 1-6 in Block 164 in Town Company’s Addition of the City of Rich Hill, Missouri be vacated.

 

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

 

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

 

1^st Reading 12^th day of June 2012

2^nd Reading 12^th day of June 2012

 

Passed this 12^th day of June 2012.

 

 

 

________________________________

Jim Kithcart, Mayor

 

ATTEST:

 

 

 

_______________________________

Michele Gould, Clerk

 

 

Ayes: Kassner, Moreland, Perkey-Ewing, Becker

Nays:  None

 

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

SECTION 1:  DEFINITIONS:

 

Whenever in this ordinance the following words or terms are used they shall be deemed to have the following meanings:

 

1. MOTOR VEHICLES:  A vehicle compelled by power other than muscular power; but shall not include for the purpose of this ordinance, farm tractors, traction engines, road machinery or any vehicle owned by the federal, state, county or other municipal government or motor vehicles used exclusively outside the limits of the City of Rich Hill and not garaged within the City.

 

1. MOTOR TRUCK:  A motor vehicle designed to transport materials or commodities.

 

1. OWNER: Any person, firm, association, corporation or partnership whose residence is within the City of Rich Hill, owning or renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, as of January 1 of each year.

SECTION 2: LICENSE FEE:

 

Every owner of a motor vehicle which is owned as of January 1 of each and who resides in the City of Rich Hill, Missouri as of that date, shall pay an annual motor vehicle license fee, which shall be valid from the 1^st day of January to the 31^st day of December, which fee shall be paid for each motor vehicle that the owner owns as of the 1^st day of January each year.

 

SECTION 2: FEES

 

The annual motor vehicle license fee for each motor vehicle subject to the fee shall be $3.00.

 

SECTION 3:  DISPOSITION OF LICENSE FEES:

 

All moneys derived from license fees in this ordinance provided for shall be placed in a special fund of this City and shall be expended in the maintenance, cleaning, construction and repair of the streets and highways within the City ofRich   Hilland for no other purpose.

 

SECTION 4:  COUNTY COLLECTOR TO COLLECT:

 

The Collector of Revenue of Bates County, Missouri shall include a charge on bills issued for personal property taxes the charge for motor vehicle license fees as set forth in this ordinance and shall collect the same with and in the same payment as personal property taxes.  Said Collector shall collect delinquent receipts of such motor vehicle license fees and penalties thereon, in the same manner and form as provided by law for the collection of delinquent property taxes.

 

All ordinances that are in conflicted are hereby repealed.

 

1^stReading3/13/12

 

2^ndReading4/10/12                         .

 

Read two times and approved this 10^th day of April 2012.

 

 

 

_______________________________

Jim Kithcart, Mayor

 

ATTEST:

 

 

____________________________

 

Rose Entrikin, City Clerk

 

Ayes: Becker, Perkey-Ewing, Kassner, Thurman

Nays: None