AN ORDINANCE VACATING A PART OF TWELFTH STREET IN THE CITY OF RICH HILL, MISSOURI LYING NEXT TO LOT 1 OF BLOCK 95:

 

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

 

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

 

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

 

Section 1.

 

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

 

The West 30 feet of that part ofTwelfth Streetwhich lies South of Pine Street between Lot 1 of Block 95 and Lot 6 of Block 94 of Town Company’s First Addition to the City of Rich Hill, Missouri in the City of Rich Hill, Bates County, Missouri,

 

Section 2.

 

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

 

 

Read two times and approved this 11th day of SEPTEMBER, 2007.

 

__________________________________

Richard Miller, Mayor

 

 

 

__________________________________

Rose Entrikin, City Clerk

 

AYES: Humble, McDaniel, Dahman, Wills

 

NAYES: None

 

 

SECTION 5.  PAYMENT OF PENALTY.

 

The penalty imposed by Section 4 of this Ordinance shall be paid by the Alarm User within ten (10) days of mailing of the fine notification to the Alarm User by the Alarm Administrator.

 

SECTION 6. VIOLATIONS FOR FAILURE TO PAY PENALTY

 

The failure of an Alarm User to pay the penalty imposed by this Ordinance for a False Alarm within the time period set forth above hall be a misdemeanor and punishable upon conviction by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and /or up to confinement of not more than thirty (30) days.  This fine imposed by this Section  shall be in addition to the penalty imposed for the False Alarm,

 

SECTION 7. SEVERABILITY

 

The provisions of this Ordinance are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any Person or circumstance is invalid, the remaining provisions and the application of those provisions to other Persons or circumstances are not affected by that decision. Ordinances in conflict herewith are hereby repealed to the extent of such conflict.

 

SECTION 8.  EFFECTIVE DATE.

 

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

 

READ TWO TIMES AND PASSED THIS 26^TH DAY OF JUNE 2007.

 

__________________________

Richard Miller, Mayor

 

 

ATTEST:

 

 

_________________________

Rose Entrikin, City Clerk

 

AYES: Humble, McDaniel, Dahman, Wills

NAYS: None

AN ORDINANCE ESTABLISHING AN OPERATIONS MANUAL FOR THE POLICE DEPARTMENT OF THE CITY OF RICH HILL

 

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

 

 

 

 

CITY OFRICH HILL

 

POLICE OPERATIONS MANUAL

 

1. That the City of Rich Hill, Missouri does hereby adopt the Police Operations Manual attached hereto as Exhibit A.

 

2. That all employees of the Rich Hill Police Department shall comply with all of the provisions of the Police Operations Manual.

 

 

This ordinance read two times and approved this 26^th day of June 2007.

 

 

 ________________________________________

Richard Miller, Mayor                                                   

Attest:

 

 

_________________________________________

Rose Entrikin, City Clerk

 

 

Ayes: Humble, McDaniel, Dahman, Wills

Nays: None

 

 

POLICE OPERATIONS MANUAL INDEX

 

CHAPTER                                 TITLE

 

1                                                LEO OFFICERS CODE OF ETHICS                                            

 

2                                                USE OF FORCE                                                              

 

3                                                M-18 or X-26 TASER

 

4                                                OLEOCAPSIUM USE (PEPPER SPRAY)

 

5                                                VEHICULAR PURSUIT

 

5                                                PENALTY CLAUSE

 

CHAPTER 1

 

LAW ENFORCEMENT OFFICER’S

CODE OF ETHICS

 

As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice.

 

I will maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret, unless revelation is necessary in the performance of my duty.

 

I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions.  With no compromise for crime and the relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

 

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will never engage in acts of corruption of bribery, nor will I condone such acts by other police officers.  I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.

 

I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence.

 

I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen profession law enforcement.

 

CHAPTER 2

 

USE OF FORCE

 

I.        PURPOSE

          The purpose of this policy is to provide police officers with guidelines on the use of deadly and non-deadly force.

 

II.       POLICY

          This department recognizes and respects the value and special integrity of each human life.  In vesting police officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required.  Therefore, it is the policy of this department that police officers shall use only that force that is reasonably necessary to effectively bring an incident under control, while  protecting the lives of the officer and others.

 

III.       DEFINITIONS

          A.       Deadly force:  Any use of force that is likely to cause death or serious bodily harm.

          B.       Non-deadly force:  Any use of force other than that which is considered deadly force.

 

IV.      PROCEDURES

A.       Parameters for use of deadly force:

1.       Police officers are authorized to use deadly force in order to:

a)       Protect the police officer or others from what is reasonably believed to be a threat of death or serious bodily harm; or,

b)       Prevent the escape of a fleeing felon whom the officer has probable cause to believe will pose a significant threat to human life should escape occur.

2.    Before using a firearm, police officers shall identify themselves and state their intent to shoot, where feasible.

3.       A police officer may also discharge a weapon under the following circumstances:

                              a)       During range practice or competitive shooting events.

                             b)       To destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured.

4.       Police officers shall adhere to the following restrictions when their weapon is exhibited:

                             a)       Except for maintenance or during training, police officers shall not draw or exhibit their firearm unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy.

                             b)       Warning shots may NOT be fired under any circumstances.

                              c)       Decisions to discharge firearms at or from a moving vehicle shall be governed by this agency’s use-of-force policy and are prohibited if they present an unreasonable risk to the officer or others.

B.       Parameters for use of non-deadly force:

1.       Where deadly force is not authorized, officers shall use only that level of force that is reasonably necessary to de-escalate the incident and bring it under control.

2.       Police officers are authorized to use department-approved non-deadly force techniques and issued equipment for resolution of incidents as follows:

                              a)       To protect themselves or another from physical harm.

                              b)       To restrain or subdue a resistant individual.

                              c)       To bring an unlawful situation safely and effectively under control.

          C.       Training and qualifications:

                    1.       Deadly weapons:

a)       While on duty, police officers shall carry only weapons and ammunition authorized by the department.

b)       Authorized weapons are those with which the police officer has qualified and received departmental training on proper and safe usage, and that comply with departmental specifications.

c)       This law enforcement agency shall schedule training and qualification sessions for service weapons, and back-up and specialized weapons at least annually.

d)       Firearms qualification will be graded on a pass/fail basis. A passing qualification score will be a 70% of an approved firearms qualification course’s score.

e)       Police officers who fail to receive a passing score with their duty weapon(s) in accordance with department testing procedures shall be relieved of their police powers and immediately reassigned to non-enforcement duties.

f)        A police officer shall not be permitted to carry any weapon with which he/she has not been able to qualify during the most recent qualification period.

g)       A police officer who has taken extended leave, break in service, or suffered an illness or injury that could affect his firearms ability will be required to re-qualify before returning to enforcement duties.

                    2.       Non-deadly force weapons and methods:

                               a)       A police officer is not permitted to use a weapon unless qualified in its proficient use as determined by standardized training procedures.

                              b)       The following non-deadly weapons are authorized:

                                       1)       Baton – straight (wood or plastic), expandable, PR-24 type.

                                        2)       Oleocapsium type sprays (pepper)

                                        3)       “Beanbag” or net type projectile rounds

                                        4)       M-18 or X 26 Taser

c)      The following type weapons are not authorized except for last resort deadly force use:

                                        1)       Flashlights, Kel-lights etc.

                                        2)       Knives

                                        3)       Handcuffs and other restraint devices

d)       Items that are specifically prohibited from being used as weapons by department officers   are listed below but are not all inclusive:

                                        1)       Sap(s) of any type

                                        2)       Sap gloves (unless specifically     authorized for riot duty)

                                        3)       “Billie” type sticks or any club type instrument that is not a law enforcement recognized baton

                                        4)       Brass knuckles or any device used to enhance the striking power of the fist or open hand

e)       Officers should note that the carriage of such weapons on items listed in Chapter 2 Section IV C (d) 4 while on duty is prohibited except when confiscated from subjects and being processed for evidence           or disposal as confiscated items.

D.       Reporting uses of force:

1.       A written report prepared according to departmental procedures will be required in the following situations:

                              a)       When a firearm is discharged outside of the firing range.

                              b)       When a use of force results in death or injury.

                              c)       When a non-lethal weapon is used on a   person.

2.       The Supervisor or Highest Ranking Officer will be immediately summoned to the scene and will comply with investigative procedures as required by the department in the following situations:

                              a)       When a firearm is discharged outside of the firing range.

                              b)       When a use of force results in death or serious injury.

                              c)       When a subject complains that an injury   has been inflicted.

                              d)       When misconduct is alleged or suspected.

E.       Departmental response:

                    1.       Deadly force incident

                               a)       Where a police officer’s use of force causes death, the officer shall be placed on administrative leave with pay after completing all internal investigative requirements, and until it is determined by a medical physician that the police officer is ready to return to duty.

                               b)       The department shall request that the county or state conduct both an administrative and criminal investigation of the incident.

                    2.       Administrative review of critical incidents:

                               a)       All reported uses of force will be reviewed by the appropriate departmental authority to determine whether: departmental rules, policy or procedures were violated, the relevant policy was clearly understandable and effective to cover the situation, and department training is currently adequate.

                              b)       All findings of policy violations or training inadequacies shall be reported to the Supervisor or Highest Ranking Officer for resolution and/or discipline.

                              c)       All use-of-force incident reports shall be retained as required by state law.

                              d)       There will be a regular review of use-of-force incidents by the appropriate departmental authority to ascertain training and policy needs.

                              e)       An annual summary report of use-of-force incidents will be published and made available to the Mayor, City Alderman, and public.

 

WARNING

This directive is for departmental use only and does not apply in any criminal or civil proceeding.  The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims.  Violations of this directive will only form the basis for departmental administrative sanctions.

CHAPTER 3

 

M-18 / X-26 TASER

 

I.        PURPOSE

 

          It is the purpose of this policy to provide guidance to law enforcement officers for the deployment and use of the M-18 / X-26 Taser within the use of force policy of the Rich Hill Police Department. The M-18 or X-26 Taser will be authorized for carry to only sworn officers of the Rich Hill Police Department who have attended and completed a qualified training course on the use of less than lethal munitions / Taser course.

 

II.       POLICY

 

          A.       The use of the Taser constitutes a Use of Force, and is regulated under the Rich Hill Police Department Use of Force Policy (Chapter 2). The use of the Taser is addressed in Chapter 2 Section IV-C of the Use of Force policy consistent with the use of OC Chemical Agent. The Taser is NOT intended to be used as a tool of coercion to intimidate an individual into compliance with simple requests or directives by an officer.

          B.       The decision for an officer to deploy a Taser will ultimately rest on the officer’s judgment and application of department policies. A suspect’s actions, including verbal statements and body language should be taken into account before the deployment of a Taser.

 

          C.       The Taser may be used at distances up to 21 feet when one or more of the following exists:

                    1.       The suspect is punching, kicking, or physically resisting obstructing or opposing an officer.

                    2.       Lesser force options are ineffective.

                    3.       The officer reasonably believes that the suspect poses a credible threat to themselves or others.

                    4.       The suspect poses a threat from a distance and the officer is at risk of injury if he/she attempts to close the gap.

                    5.       Other considerations on deployment of a Taser include:

                              a)       Imminent threat of the suspect to the officer or others

                              b)       Suspect actively resisting arrest 

                              c)       Severity of the crime at issue

                              d)       Attempt by the suspect to evade apprehension by flight

                    6.       Officer/Suspect factors that may be considered:

 

                             a)       Age: The Taser should not be used on any juvenile under the age of 12 and/or a juvenile who appears to be physically under the age of 12.

                             b)       Pregnancy: The Taser shall not be deployed on women who are known to be pregnant and/or women who appear to be pregnant.

                              c)       Skill levels, Taser should not be deployed by any officer who has not been trained and certified in its use.

                              d)       Numbers of suspects and numbers of officers

                              e)       Relative strength of officers and suspects.

                    7.       Special Considerations:

                              a)       Closeness or possession of a weapon by the suspect

                              b)       Injury or exhaustion of the officer

                              c)       Officer on the ground

                              d)       Distance between the officer and the suspect

                              e)       Special knowledge relative to the suspect

                              f)        Availability of other options 

 

III.       M-18 / X-26 TASER-Definition

 

          A.       The Taser is a device that uses a 2-Watt electrical signal to temporarily override the central nervous system and directly control skeletal muscles.  This causes an uncomfortable contraction of the muscle tissue, allowing the Taser to physically debilitate a target regardless of pain tolerance or mental focus.  The Taser is classified as less lethal force.  By definition, less lethal devices are not likely to result in death or serious physical injury.

 

          B.       The Taser is deployed as an additional law enforcement tool, and is not intended to replace firearms or self defense techniques.  The Taser may be used to control a dangerous or violent suspect when deadly force does not appear to be justified and / or necessary;  or attempts to subdue a suspect by other conventional tactics have been, or will likely be ineffective in the situation at hand; or there is reasonable expectation that it will be unsafe for officers to approach within the contact range of the subject.

 

          C.       The Taser has a records storage function where it stores the time and date that it was fired.  This data provides complete and accurate documentation on each firing.  These records provide invaluable information in the event of an allegation of the misuse of the device.  The Taser also discharges “marking chads” which can be traced back to the serial numbered cartridge fired from.          

 

IV.      PROCEDURE

 

          A.       Tasers shall be issued to and used only by officers who have completed the Taser training program

          B.       Only properly functioning and charged Tasers shall be carried in the field.

          C.       Each discharge, including accidental discharges, of a Taser, shall be investigated and documented utilizing a general report form (except for testing). (If the discharge is accidental then it will be a report in and of itself. If it is deployed, then the Taser usage will be covered in the general report detailing its usage.)

          D.       The Taser is programmed to give a five second discharge. The probes or wires should not be touched during this time period, as anyone coming in contact with the probes will receive the same discharge. Officers should avoid stepping on or tripping over the wires.

          E.       The Taser should never be aimed at and/or discharged at the eyes, genitals, or face of a suspect.

          F.       Officers should keep their hands away from the front of the unit at all times unless the safety slide is forward and the Taser is deactivated.

          G.      Officers will always replace air cartridges by their expiration date. Outdated cartridges will be used for training only.

          H.       The Taser should not be fired near flammable liquids and fumes. The Taser can ignite gasoline or other flammables. Some self defense sprays are flammable and should not be used in conjunction with the Taser.

          I.        All uses of the Taser will be reviewed by the supervisor.

 

V.       OFFICERS DISCHARGING A TASER SHALL:

 

          A.       Request the response of a supervisor if a supervisor is available.

          B.       Before the use of the Taser, if practical, the officer shall verbally warn the suspect that the Taser will be deployed if the suspect does not cease their combative behavior and/or comply with the officer’s commands.

          C.       Persons who have been subjected to the Taser or the probes shall be treated as follows:

 

                   1.       Once in custody, officer(s) shall advise the supervisor that the person has been subjected to the Taser and relate the approximate time the action occurred.  If the probes penetrate the skin, the puncture sites shall be brought to the attention of the officer’s supervisor as soon as possible.  Medical personnel should also be notified immediately.

                   2.       Officers will not remove the probe if the barb shaft is imbedded so deep as to prevent the probe from hanging loosely. NOTE: the probes are #8 straightened fishhooks that can only penetrate a maximum of ¼ inch. The officer will request EMS to examine the person if the probes cannot be removed, because of depth of penetration or hit to the head, groin, or a woman’s breast. Officers should not perform the probe removal if the probes are located in the head, facial area or other sensitive area’s, i.e. groin, breasts.  Officers are to wear rubber gloves when removing probes from skin. Officers will use the two finger method for removing probes. Officers orEMSwill administer to each puncture site a band aid.

                  3.       If EMS is on scene, they will make the determination if the person should or should not be transported to the hospital for further evaluation. Officers should keep in mind that extreme, violent behavior may be the result of drugs or alcohol, andEMSmay be necessary to treat the drug overdose immediately.

                 4.       If the probes used are no longer impaled in the skin, the subject may be released to the custody of the officer(s).

                 5.       If EMS recommends that the person be transported to the hospital, thenEMSor Rich Hill Police Personnel will transport the person.

                 6.       Officers must be aware that one easily overlooked aspect of injury in applying a Taser to a person is that of falling from a standing position. An examination with particular emphasis on secondary injuries should be performed by the EMS if on-scene, otherwise by on-scene supervisor.

                 7.       Officers shall complete an incident report to be submitted with the arrest and booking report. Officers will document the Taser use in the incident report.

                 8.       When booking the suspect into the detention facility the arresting officer will advise the detention officer that Taser was deployed on this individual and it will be noted on the medical evaluation from.

                 9.       Since probes may have blood on them (biohazard), the officer(s) shall wear protective latex gloves when handling. The wires shall be wound around the cartridge. The probes shall be inverted into the portals they originally were deployed from. The cartridge will then be placed inside one or the used rubber gloves for transport and placed in the Evidence locker in the property room.

 

VI.      TACTICAL DEPLOYMENT

 

          A.       Use common sense.

          B.       Use verbal commands and point laser sight at subject before firing. Care should be used to avoid pointing the laser at subject’s or fellow officer’s eyes.

          C.       Before the use of Taser, if practical, broadcast “Taser” or “Clear”, indicating a use of Taser is imminent to prevent unintentional shootings.

          D.       Have a second Air Cartridge present or a second Taser ready to fire in case probes miss the target, a malfunction occurs, or an air cartridge is a dud.

          E.       When practical a backup/arrest team (depending on situation possibly with lethal force option) will be at the ready prior to deploying the Taser.

          F.       Aim at center of mass if possible. Watch for thick and or loose clothing. If probes hit clothing, the electrical current can penetrate for a maximum of 2 ¼ inches away from skin.

          G.      Use cover and distance to insure the officer’s safety.

          H.       Use to avert violent confrontation.

          I.        If target runs, officer(s) must run also to prevent wires from breaking.

          J.       Avoid use on slanted rooftops or on ledges of tall buildings, or tall fences.

          K.       Remember that the successful deployment of the Taser when more than one officer is present requires clear, concise communication between officers.

 

VII.     TRAINING

          A.       Officers must successfully complete certification training before being authorized to use the Taser.

          B.       Refresher Taser training will be provided on a Tri-Annual basis for all officers.

          C.       Detailed records of training will be maintained, including hours of training, lesson plans, and related documentation.

 

1. VIII.         TRACKING

 

          A.       When Tasers are issued to officers, the serial numbers and numbers of the cartridges will be logged and tracked.

          B.       During Monthly inspections, supervisors will verify the serial numbers of the Taser and cartridges for each unit.

          C.       No officer will be permitted to carry any cartridges that have not been authorized by the Police Department.

          D.       Tasers will be handled using the same precautions and security used for firearms. This requires the officer to ensure his Taser is locked and secured while off duty in order to protect those who may come in contact with it.

 

CHAPTER 4

 

PEPPER AEROSOL RESTRAINT SPRAY

 

I.        PURPOSE

          The purpose of this policy is to establish guidelines for the use of oleoresin capsicum (OC) aerosol restraint spray.

 

II.       POLICY

          This agency has issued OC aerosol restraint spray to provide officers with an additional use-of-force option for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations.  It is the policy of this agency that officers use OC when warranted, but only in accordance with the guidelines and procedures set forth here and in this agency’s use-of-force policy.

 

III.       PROCEDURES

 

          A.       Authorization

                    1.       Only officers who have completed the prescribed course of instruction on the use of OC are authorized to carry the device.

                    2.       Officers whose normal duties/assignments may require them to make arrests or supervise arrestees shall be required to carry departmentally authorized OC while on duty.

                    3.       Uniformed officers shall carry only departmentally authorized OC canisters in the prescribed manner on the duty belt.  Non-uniformed officers may carry OC in alternative devices as authorized by the agency.

 

          B.       Usage Criteria

                    1.       OC spray is considered a use of force and shall be employed in a manner consistent with this agency’s use-of-force policy.  OC is a force option following verbal compliance tactics on the use-of-force continuum.

                    2.       OC may be used when:

                              a)       verbal dialogue has failed to bring about the subject’s compliance, and

                              b)       the subject has signaled his intention to actively resist the officer’s efforts to make the arrest.

                    3.       Whenever practical and reasonable, officers should issue a verbal warning prior to using OC against a suspect.

                    4.       An officer may use deadly force to protect himself from the use or threatened use of OC when the officer reasonably believes that deadly force will be used against him if he becomes incapacitated.

                    5.       Once a suspect is incapacitated or restrained, use of OC is no longer justified.

 

          C.       Usage Procedures

                    1.       Whenever possible, officers should be upwind from the suspect before using OC and should avoid entering the spray area.

                    2.       An officer should maintain a safe distance from the suspect of between two and 10 feet.

                    3.       A single spray burst of between one and three seconds should be directed at the suspect’s eyes, nose and mouth.  Additional burst(s) may be used if the initial or subsequent burst proves ineffective.

                    4.       Use of OC should be avoided, if possible, under conditions where it may affect innocent bystanders.

 

          D.       Effects of OC and Officer Response

                    1.       Within several seconds of being sprayed by OC, a suspect will normally display symptoms of temporary blindness, have difficulty breathing, burning sensation in the throat, nausea, lung pain and/or impaired thought processes.

                    2.       The effects of OC vary among individuals.  Therefore, all suspects shall be handcuffed as soon as possible after being sprayed.  Officers should also be prepared to employ other means to control the suspect to include, if necessary, other force options consistent with agency policy if he does not respond sufficiently to the spray and cannot otherwise be subdued.

                    3.       Immediately after spraying a suspect, officers shall be alert to any indications that the individual needs medical care.  This includes, but is not necessarily limited to, breathing difficulties, gagging, profuse sweating and loss of consciousness.  Upon observing these or other medical problems or if the suspect requests medical assistance, the officer shall immediately summon emergency medical aid.

                    4.       Suspects that have been sprayed shall be monitored           continuously for indications of medical problems and shall       not be left alone while in police custody.

                    5.       Officers should provide assurance to suspects who have been sprayed that the effects are temporary and encourage them to relax.

                    6.       Air will normally begin reducing the effects of OC spray within 15 minutes of exposure.  However, once the suspect has been restrained, officers shall assist him by rinsing and drying the exposed area.

                    7.       Assistance shall be offered to any individuals accidentally exposed to OC spray who feel the effects of the agent.  All such incidents shall be reported as soon as possible to the officer’s immediate supervisor and shall be detailed in an incident report.

 

          E.       Reporting Procedures

                    1.       Accidental discharges as well as intentional uses of OC spray against an individual in an enforcement capacity shall be reported to the Supervisor or Highest Ranking Officer as soon as possible.

                    2.       A use-of-force report shall be completed following all discharges of OC spray except during testing, training, malfunction or accidental discharge.

 

          F.       Replacement

                    1.       All OC spray devices shall be maintained in an operational and charged state by assigned personnel.  Replacements for damaged, inoperable or empty devices are the responsibility of officers to notify the Supervisor or Highest Ranking Officer.

                    2.       Replacements of OC spray canisters shall occur when the unit is less than half full, as determined by weighing the canister.

                    3.       OC canisters shall be inspected and weighed at the firing range during firearms qualification.  A record of this fact shall be maintained by the appropriate agency authority.

                    4.       Unexplained depletion of OC canisters shall require an investigation and written report by the officer’s supervisor to the commanding officer.

 

CHAPTER 5

VEHICULAR PURSUIT

 

1.       PURPOSE

The purpose of this order is to establish policy and procedures for    police vehicular pursuits.

 2.      POLICY

The police have a legal mandate to enforce the law and protect the public.  Because of this, some instances of police pursuit are both necessary and unavoidable.  However, no assignment is of such importance, and no task is to be expedited with such emphasis, that the principles of safety become secondary.  There is no duty of such magnitude that justifies disregard for the welfare of innocent persons.  In the event of vehicular pursuit, no more than two (2) vehicles shall ever engage in a pursuit.  The lead car will act as the primary pursuit vehicle, while the second unit will handle all radio traffic pertinent to the pursuit.

3.       DESCRIPTIONS AND DEFINITIONS:

A.       Pursuit or Vehicular Pursuit: 

An active attempt by one or more police officers in police vehicles to apprehend a suspect or violator operating a motor vehicle, while that person is attempting to avoid capture by using high speed driving or other tactics, such as driving off the road, or making sudden maneuvers.

B.                 Primary Unit: 

The police unit that initiates the pursuit or any unit that assumes operational responsibility for the pursuit.

C.                 Dangerous Felony: 

A felony that involves an actual or threatened attack, which the officer has reasonable cause to believe, could result or has resulted in death or serious bodily injury (e. g., aggravated assault, armed robbery, murder, rape).

D.                 Roadblock:  

Any method, restriction, or obstruction, used or intended for the purpose of preventing free passage of motor vehicles on a roadway in order to effect the apprehension of an actual or suspected violator in a motor vehicle.

E.                 Ranking Officer

The Supervisor or Highest Ranking Officer will be the ranking officer assuming command and control of a pursuit.

4.       PROCEDURE 

          I.  General Guidelines

No situation in police work has more potential for disaster than does a police vehicular pursuit.  Pursuit driving, especially high-speed pursuit, should be regarded as a measure of last resort; apprehending the violator should never be the sole deciding factor in a pursuit situation.  The situation under which pursuits occur and the        manner in which they are conducted must be strictly controlled.

Written policy is particularly important because of the danger of “pursuit fixation” – becoming so engrossed in apprehending the fleeing           violator that the safety of others is forgotten or ignored.  In many pursuit situations, it becomes a personal challenge to the police officer rather than a response to a violation of the law.  In these instances, the challenge to police authority seems more important than the offense.

The officer, however, must use sound judgment in achieving a balance between apprehension of the offender and concern for the risks involved. The purpose of this General Order is to provide the criteria and procedures to be followed in making this decision.  Officers should use good judgment and discontinue a pursuit when the risks outweigh the potential benefits of apprehension.  Indeed, such a choice may rightly be viewed as indicative of maturity and reasonableness.

 II.  Rules for Engaging in Pursuits

The following rules are designed for internal departmental use only in evaluating pursuit decisions in our jurisdiction and are not intended to create a higher standard of performance than normally required by law.

A.  When Pursuit is Allowed:  The decision to initiate pursuit must           be based on the pursing officer’s conclusion that there is immediate danger to the public should the suspect remain at large.  Any law enforcement officer in an authorized, properly equipped emergency vehicle may initiate pursuit when all of the following criteria are met:

1.  The suspect operating the vehicle refuses to stop at the direction of the officer, and;

2.  The suspect exhibits the intention to avoid arrest by using a vehicle to flee apprehension for one or more of the following alleged actual or attempted felonious crimes:

a.   Murder/Manslaughter

b.   Armed Robbery

c.    Rape/First and Second-Degree Sexual Offenses

d.   Aggravated  (Felonious)  Assault

e.    Kidnapping

f.     Felonious Hit and Run

g.    First-Degree Burglary

h.    Arson

3.  The Supervisor or Highest Ranking Officer as the supervisor of the pursuing officer authorizes continuing pursuit.  Ranking Officers may also authorize pursuits for any offense(s) in those cases where a violator generally maintains a lawful speed, but refuses to stop in response to an officer’s signal.  The officer(s) is authorized to follow the violator and call for such additional assistance as necessary to affect a stop within the parameters of this General Order.

B.  When Pursuit is Not Allowed

1.  Vehicles without adequate emergency equipment (i.e., red/blue light(s) and siren) are not to engage in pursuits.

2.  Vehicles in need of obvious maintenance (e.g., brakes, steering, suspension, etc.) are not to engage in pursuits.

3.  Pursuits shall not be made when driving conditions are unfavorable, due to weather, road conditions, traffic or pedestrian congestion, or time of day.

4.  No pursuits shall be made when the police vehicle is carrying civilian passengers, including student interns.

5.  Pursuits are not allowed when the identity of the violator has been established to the point that a later apprehension and identification is likely through other means unless there exists an exigent need of apprehension (e. g., pursuit of a known serial killer).

6.  Pursuits are not to be continued whenever the pursing officers have reason to believe that the fleeing vehicle is being operated by a juvenile and the offense constitutes a misdemeanor or non-dangerous felony, and the safety factors involved are obviously greater than those with which the juvenile can cope.  For purposes of this policy, a juvenile is any person under the age of sixteen (16) years.

7.  Pursuits must be terminated when continuous contact with the fleeing vehicle by the primary unit is unable to be maintained.

8.  Pursuits must be terminated when the primary unit(s) has traveled such distance so as to lose effective communications with the Dispatcher.

9.  Continuous pursuits in cases of other categories of offenses (misdemeanors, infractions, or non-dangerous felonies) are prohibited without the express permission of the Supervisor or Highest Ranking Officer.

10.  Pursuits must be immediately terminated upon the order of the Supervisor or Highest Ranking Officer.

 III.                Procedures for Engagement in Pursuit

A.  Respective Responsibilities

1.  Primary Unit

a.  The responsibility for the decision to initiate the pursuit rests with the individual officer.  When engaged in a pursuit, safety is to be the prime consideration.  Pursuing officers have an obligation to use due care in the operation of their vehicles so as to keep same under control and, thereby, safeguard the lives of both themselves and others.

b.  Officers are obligated to discontinue pursuit whenever the level of risk from the pursuit outweighs the potential benefit for public safety.

c. Emergency lights, siren and headlamps are to be used throughout the duration of the pursuit.

d.  Communications is to be notified immediately upon initiation of the pursuit.  The officer is to advise all information pertinent to the pursuit (location of travel, vehicle description, reason for pursuit, license number if known, etc.).  The Supervisor or Highest Ranking Officer is to be immediately notified and constantly updated of the changing conditions of the pursuit.

e.  Officers must immediately terminate the pursuit upon the command of the Supervisor or Highest Ranking Officer or a ranking Officer.

f.  Officers must file a written report of the incident as required by this directive.

2.       Assisting Units

a.  Officers in this role must abide by the same rules as the primary unit as pertains to safety concerns.

b.  Units in this role are present for support, but may move up, replace the primary unit, or otherwise take action as approved by the Supervisor or Highest Ranking Officer.

3.       Supervisory Units

a.  The Supervisor or Highest Ranking Officer may terminate any pursuit at his/her discretion and is responsible for monitoring the progress of the pursuit and ordering any action(s) they fell necessary for the safety of those involved and the public.

4.  Telecommunications

a.  Communications personnel have the responsibility to coordinate unit directions during the pursuit until command is assumed by the Supervisor or Highest Ranking Officer.

b.  Telecommunications will coordinate the pursuit with other involved agencies in conjunction with instructions from the Supervisor or Highest Ranking Officer.

c.  Telecommunications will advise of any hazardous conditions, which may affect the conditions of the pursuit.

          B.  Operations and Tactics

1.  Unmarked Police Vehicles may initiate vehicular pursuits, provided the vehicles are properly running and equipped with emergency lights and siren, and with the stipulation that the vehicle must withdraw from its role as the primary unit when a marked unit is in place to take over that role.  The unmarked vehicle(s) will then serve as an assisting unit unless otherwise directed to discontinue by the commanding officer.

2.  Number of vehicles in pursuit is restricted to two, unless otherwise authorized by the Supervisor or Highest Ranking Officer due to exigent circumstances.

3.  Offensive Tactics such as ramming, bumping, or otherwise deliberate contacts are not authorized.

4.  Roadblocks:

a.  Roadblocks of any kind, used for the purpose of stopping a motor vehicle containing a known or suspected violator are prohibited.

b.  Deliberately wrecking or ramming another vehicle is likely to be considered a use of deadly force.  Consequently, intentionally wrecking or ramming a motor vehicle is authorized only if deadly force is warranted for that particular situation.

5.  Intersections are to be approached by decreasing the speed of the police vehicles so as to ensure that no other vehicles will be      adversely affected by the operation of the police vehicles.

6.  Divided Highways:  Officers are not to pursue any vehicle the wrong way on a divided highway unless specifically authorized by Supervisor or Highest Ranking Officer.

7.  Spacing and following distances are to be maintained to ensure that police vehicles may take the appropriate evasive and/or stopping action if necessary.

8.  School Zones:  Pursuits are not to be conducted through such zones during those times, which would indicate the greatest potential risk to pedestrian and school traffic.

          C.  Inter-jurisdictional Pursuits

1.  The Communications Center shall notify outside agencies when this Department is in pursuit in their territory.  The notification will specify that the call is either a request for assistance or only a courtesy notification with no participation by them requested.  This decision is to be made by supervisory personnel.

2.  Officers may assist in pursuits initiated by other agencies which are traveling through our jurisdiction if:

a.  Permission is granted by the on-duty ranking officer; and

b.  The emergency nature of the pursuit dictates immediate           assistance to be warranted; and

c.  All Departmental policies including offense categories for allowed pursuits are followed by all units of this agency;

d.  No more than one car from our agency may participate unless additional units are authorized by the squad supervisor whose decision shall be based on the demonstrated need for such additional assistance.

3.  Officers who have received authorization to continue pursuits into neighboring jurisdictions are still obligated to respond within the guidelines as set forth in this policy.

a.  Pursuits, which are ordered, terminated by the supervising officers of neighboring agencies due to safety factors will also be terminated by our units.

b.  No more than one unit from our agency will assist in support role in such pursuits unless there is a recognized and authorized need for additional units as per the instructions of the Supervisor or Highest Ranking Officer of our agency.

c.  When a pursuing unit or a supervisor has knowledge of           any tactics that are being or are about to be initiated by members of another agency that would constitute a violation   of this policy, or other Departmental policies, all Departmental units are to terminate active pursuit immediately.  Officers may follow at a safe distance and speed to render assistance should the pursuit be concluded with the stopping of the fleeing vehicle.  Officers are not to re-engage in the active pursuit once termination has been ordered subsequent to the provisions of this subsection.

d.  Pursuits which would appear to be heading past a point one (1) mile outside the jurisdictional limits should be re-          evaluated by all officers involved, especially supervisory personnel, as to the exigency of continued pursuit.

                    D.  Overtaking Violators

1.  Although routine overtaking of violators does not normally fall within definition of “pursuits”, the issue is rightfully addressed in this section due to the comparable nature of such actions.

2.  Overtaking is to be considered within the same safety guidelines as pursuits in general.  That is, overtaking is a necessary vehicular operation in the apprehension of offenders; however, the safety of the public at large must be foremost in the effort.

a.  Overtaking efforts are to be conducted in a safe manner,           with officers considering the severity of the initial offenses, weather conditions, road conditions, motor vehicle congestion, pedestrian traffic, and any other pertinent factors relative to the initiation and successful completion of such maneuvers.

b.  Officers at any time are to use emergency lighting and siren.

c.  At any time an officer recognizes that an overtaking attempt is likely to require a significant distance to be covered at increased speeds, he/she is to advise the dispatcher of the situation and request immediate notification of the on duty ranking officer.  The ranking officer will immediately monitor the situation and decide if a vehicular pursuit within the meaning of this policy statement exists.  If, in the opinion of the ranking officer, such a situation is deemed to exist, all Departmental policies relative to the event are to be considered in effect.

d.  During the course of enforcement activities, specific incidents may escalate from routine overtaking situations if         the driver attempts to evade apprehension.  When this occurs, applicable vehicular pursuit policy and procedures are to be considered in effect.

          E.  Use of Firearms: 

Discharging a firearm from a pursuit vehicle or at a      fleeing suspect vehicle is warranted only when deadly force is necessary.

          F.  Documentation

1.  “A Report of Police Vehicular Pursuit” will be completed by the officer initiating the pursuit.  This report is to be submitted to the appropriate supervisory personnel (Supervisor or Highest Ranking Officer) prior to the end of the officer’s tour of duty.  Supervisory personnel may require additional documentation from the initiating officer and other personnel involved in the pursuit.  The report and all supporting documentation are to be forwarded to the Supervisor or Highest Ranking Officer.

2.  In addition to the “Report of Police Vehicular Pursuit” the Supervisor or Highest Ranking Officer will prepare a supervisory overview, in memorandum form, in which he/she will review all pertinent information concerning the pursuit.  This report is to include the supervisor’s findings as to adherence to the provisions of this General Order by all agency personnel involved in the pursuit.  Also, the Supervisor or Highest Ranking Officer should address any other issues pertinent to the incident (e. g. need for additional training, recommendations for any disciplinary action indicated, performance of equipment etc.).

3.  An annual analysis of all reports of vehicular pursuit will be conducted by the Supervisor or Highest Ranking Officer and submitted to the Mayor.

 

CHAPTER 6

 

PENALTY CLAUSE

 

I.        Violations

          Police officers employed by the City OfRich Hillin violation of this manual shall be subject to disciplinary action or immediate dismissal as stipulated in the Ordinance for Work Rules and Procedures for the Employees of the City ofRich Hilland at the will of the Board of Aldermen.

 

 

 

AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF RICH HILL, COUNTY OF BATES, MISSOURI, TO ATMOS ENERGY CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE CITY AND TO ALL PERSONS, BUSINESSES AND INDUSTRIES WITHIN THE CITY AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID CITY ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS TO THE CITY AND TO ALL PERSONS, BUSINESSES AND INDUSTRIES WITHIN THE CITY AND IN THE TERRITORY ADJACENT THERETO AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AS MAY BE NECESSARY, AND FIXING THE TERMS AND CONDITIONS THEREOF.

 

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BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, BATES COUNTY, MISSOURI as follows:

                                                                     ARTICLE I

                                                                     Definitions

For the purpose of this franchise, the following words and phrases shall have the meaning given in this Article.  When no inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.  The word “shall” is mandatory and “may” is permissive.  Words not defined in this Article shall be given their common and ordinary meaning.

1.1       “Council” or “City Council” refers to and is the governing body of the City ofRich Hill.

1.2       “Company” refers to and is Atmos Energy Corporation and its successors and assigns.

1.3       “Distribution Facilities” refer to and are only those facilities reasonably necessary to provide gas within the City.

1.4       “Facilities” refer to and are all facilities reasonably necessary to provide gas into, within and through the City and include plants, works, systems, lines, equipment, pipes, mains, underground links, gas compressors and meters.

1.5       “Gas” or “Natural Gas” refers to and is such gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof.

1.6       “MissouriPublic Service Commission” and/or “PSC” refers to and is the state regulatory commission of the State ofMissourior other authority succeeding to the regulatory powers of the PSC.

1.7       “Revenues” refer to and are those amounts of money which the Company receives from its customers within the City for the sale of gas under rates, temporary or permanent, authorized by the PSC and represents amounts billed under such rates as adjusted for refunds, the net write-off of un-collectible accounts, corrections or other regulatory adjustments.

1.8       “Streets and Other Public Places” refer to and are streets, alleys, viaducts, bridges, roads, lanes, easements, public ways and other public places in said City.

1.9       “City” refers to and is the City ofRich Hill,Bates County,Missouri, and includes the territory as currently in or may in the future be included within the boundaries of the City ofRich Hill.

                                                                    ARTICLE II

                                                               Grant of Franchise

2.1       Grant of Franchise – The City hereby grants to the Company, for the period specified and subject to the conditions, terms and provisions contained in this Ordinance, the right to furnish, sell and distribute gas to the City and to all persons, businesses and industries within the City; the right to acquire, construct, install, locate, maintain, operate and extend into, within and through the City all facilities reasonably necessary to provide gas to the City and to all persons, businesses and industries within the City and in the territory adjacent thereto; and the right to make reasonable use of all streets and other public places as may be necessary to carry out the terms of the Ordinance.

2.2       Terms of Franchise – The term of this franchise shall be for ten (10) years, beginningJanuary 1, 2007and expiringDecember 31, 2017.

2.3       Term of Franchise.      The term of this franchise shall be for as set forth in Section 2.2 of this Article II from and after its passage and approval; provided, this franchise and all rights and privileges herein provided shall be extended for two (2) successive periods of five (5) years each unless the City by notice given to the Company and by Ordinance duly enacted and approved at least six (6) months before the end of such term of ten (10) years, or before the end of the first extended term of five (5) years, as the case may be, shall declare such termination effective.

2.4       Effective Date and Acceptance.  This Ordinance shall become effective upon its final passage and approval by the City, in accordance with applicable laws and regulations, and upon acceptance by the Company by written instrument within sixty (60) days of passage by the governing body, and filed with the Clerk of the City.  If the Company does not, within sixty (60) days following passage of this Ordinance, express in writing its objections to any terms or provisions contained therein, or reject this Ordinance in its entirety, the Company shall be deemed to have accepted this Ordinance and all of its terms and conditions.

                                                                    ARTICLE III

                                                                   Franchise Fee

3.1       Franchise Fee – In consideration for the grant of this franchise, the Company shall collect and remit to the City a sum equal to two percent (2%) of the revenues derived annually from the sale of gas within the City, excluding the amount received from the City itself for gas service furnished it, which fee the Company and the City agree is adequate compensation.  Annual franchise fee payments shall be made on or before March 1 for the preceding calendar year ending December 31.  Payments at the beginning and end of the franchise shall be prorated.

3.2       Franchise Fee Payment in Lieu of Other Fees – Payment of the franchise fee by the Company is accepted by the City in lieu of any occupancy tax, license tax, permit charge, inspection fee or similar tax, assessment or excise upon the pipes, mains, meters or other personal property of the Company or on the privilege of doing business or in connection with the physical operation thereof, but does not exempt the Company from any lawful taxation upon its real property or any other tax not related to the franchise or the physical operation thereof.

                                                                    ARTICLE IV

                                                              Conduct of Business

4.1       Conduct of Business – The Company may establish, from time to time, such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the laws of the State of Missouri.

4.2       Tariffs on File – The Company shall keep on file in its nearest office copies of all its tariffs currently in effect and on file with the PSC.  Said tariffs shall be available for inspection by the public.

4.3       Compliance with PSC Regulations – The Company shall comply with all rules and regulations adopted by the PSC.

4.4       Compliance with Company Tariffs – The Company shall furnish gas within the City to the City and to all persons, businesses and industries within the City at the rates and under the terms and conditions set forth in its tariffs on file with the PSC.

4.5       Applicability of Company Tariffs – The City and the Company recognize that the lawful provisions of the Company’s tariffs on file and in effect with the PSC are controlling over any inconsistent provision in this franchise dealing with the same subject matter.

ARTICLE V

                             Construction, Installation, & Operation of Company Facilities

5.1       Location of Facilities – Company facilities shall not interfere with the City’s water mains, sewer mains or other municipal use of streets and other public places.  Company facilities shall be located so as to cause minimum interference with public use of streets and other public places and shall be maintained in good repair and condition.  The City Council acknowledges that, to its knowledge, as of the date of this Ordinance, the Company and its facilities are in compliance with the provisions of this Section 5.1.

5.2       Excavation and Construction – All construction, excavation, maintenance and repair work done by the Company shall be done in a timely and expeditious manner, which minimizes the inconvenience to the public and individuals.  All such construction, excavation, maintenance and repair work done by the Company shall comply with all applicable state and federal codes.  All public and private property whose use conforms to restrictions in easements disturbed by Company construction or excavation activities shall be restored as soon as practicable by the Company at its expense to substantially its former condition.  The Company shall comply with the City’s requests for reasonable and prompt action to remedy all damage to private property adjacent to streets or dedicated easements where the Company is performing construction, excavation, maintenance or repair work.  The City reserves the right to restore property and remedy damages caused by Company activities at the expense of the Company in the event the Company fails to perform such work within a reasonable time after Notice from the City.

5.3       Relocation of Company Facilities – If at any time the City requests the Company to relocate any distribution gas main or service connection installed or maintained in streets or other public places in order to permit the City to change street grades, pavements, sewers, water mains or other City works, such relocation shall be made by the Company at its expense.  The Company is not obligated hereunder to relocate any facilities at its expense which were installed in private easements obtained by the Company, the underlying fee of which was, at some point subsequent to installation, transferred to the City.  Following relocation, all property shall be restored to substantially its former condition by the Company at its expense.

5.4       Service to New Areas – If during the term of this franchise the boundaries of the City are expanded, the Company shall extend service to the newly incorporated areas.  Service to annexed areas shall be in accordance with the provisions of Company’s tariffs then in effect on file with the PSC.  The City will promptly notify in writing of any geographic areas annexed by the City during the term hereof (“Annexation Notice”).  Any such Annexation Notice shall be sent to Company by certified mail, return receipt requested and shall contain the effective date of the annexation, maps showing the annexed area and such other information as Company may reasonably require in order to ascertain whether there exist any customers of Company receiving natural gas service in said annexed area. To the extent there are such Company customers therein, then the gross revenues of Company derived from the sale and distribution of natural gas to such customers shall become subject to the franchise fee provisions hereof effective on the first day of Company’s billing cycle immediately following Company’s receipt of the Annexation Notice.  The failure by the City to advise the Company in writing through proper Annexation Notice of any geographic areas which are annexed by the City shall relieve Company from any obligation to remit any franchise fees to City based upon gross revenues derived by Company from the sale and distribution of natural gas to customers within the annexed area until City delivers an Annexation Notice to Company in accordance with the terms hereof.

5.5       Restoration of Service – In the event the Company’s gas system, or any part thereof, is partially or wholly destroyed or incapacitated, the Company shall use due diligence to restore its system to satisfactory service within the shortest practicable time.

5.6       Supply and Quality of Service – The Company shall make available an adequate supply of gas to provide service in the City.  The Company’s facilities shall be of sufficient quality, durability, and redundancy to provide adequate and efficient gas service to the City.

5.7       Safety Regulations by the City – The City reserves the right to adopt, from time to time, reasonable regulations in the exercise of its police power which are necessary to ensure the health, safety and welfare of the public, provided that such regulations are not destructive of the rights granted herein.  The Company agrees to comply with all such regulations in the construction, maintenance and operation of its facilities and in the provision of gas within the City.

5.8       Inspection, Audit and Quality Control – The City shall have the right to inspect, at all reasonable times, any portion of the Company’s system used to serve the City and its residents.  The City also shall have the right to inspect and conduct an audit of Company records relevant to compliance with any terms of this Ordinance at all reasonable times.  The Company agrees to cooperate with the City in conducting the inspection and/or audit and to correct any discrepancies affecting the City’s interest in a prompt and efficient manner.

                                                                    ARTICLE VI

                                                         Assignment; Saving Clause

6.1       Assignment – The Company shall have the right and power to assign to any other person or persons any and all rights conferred upon it by the terms of this Ordinance, after it has installed, erected and built a gas distribution system; provided that a mortgage or trust deed or judicial sales made thereunder or under tax sales or the transfer of this Ordinance to a subsidiary with the written consent of the city, which shall be unreasonably withheld, shall not be deemed an assignment within the meaning of this Section.  Any assignee of the rights of the Company herein, by accepting such assignment, shall thereby become subject to all of the terms, conditions, and provisions of this Ordinance; and in the event of any assignment by the Company of the rights hereby conferred upon it, such assignment shall be in writing and a duly authenticated copy thereof shall be filed in the office of the Clerk of the City..

6.2       Saving Clause – If any portion of this franchise Ordinance is declared illegal or void by a court of competent jurisdiction, the remainder of the Ordinance shall survive and not be affected thereby.

                                                                   ARTICLE VII

                  MISCELLANEOUS

7.1  Force Majeure.  It shall not be a breach or default under this Ordinance if either party fails to perform its obligations hereunder due to Force Majeure.  Force Majeure shall include, but not be limited to, the following:

1)     physical events such as landslides, lighting, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery, equipment or distribution or transmission lines;

2)     acts of others such as strikes, work-force stoppages, riots, sabotage, terrorism, insurrections or wars;

3)     governmental actions such as necessity for compliance with any court order, law, statute, Ordinance, executive order, or regulations promulgated by a governmental authority having jurisdiction; and

4)     any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome.

Each party shall make reasonable efforts to avoid Force Majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance; provided, however, that this provision shall not obligate a party to settle any labor strike.

7.2             Indemnity and Hold Harmless.  The Company, agrees to indemnity and hold harmless the City from and against all claims, demands, losses and expenses including reasonable attorney fees and litigation expenses arising directly out of the negligence of the Company, its employees or agents, in the constructing, operating and maintaining of distribution and transmission facilities or appliances of the Company; provided, however, that the Company need not save harmless the City, and the City shall save and hold the Company harmless, from claims, demands, losses and expenses arising out of the negligence of the City, its employees or agents.

7.3  Repeal of Conflicting Ordinances.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

INTRODUCED, READ AND ORDERED PUBLISHED THE 10^TH DAY OF OCTOBER 2006.

 

PASSED, ADOPTED AND APPROVED THIS 10^TH DAY OF OCTOBER 2006.

 

 

THE CITY OFRICH HILL,MISSOURI

 

 

By:      __________________________________

Tammy Williams, Mayor

 

 

 

ATTEST:

____________________________________

Rose Entrikin, City Clerk  

 

 

Ayes: Humble, Turner, Miller, Wills

Nays: None

AN ORDINANCE TO COMPLY WITH STATE LEGISLATION REGARDING SIMPLIFICATION OF MUNICIPAL TELECOMMUNICATIONS TAXES

WHEREAS, the City ofRich Hillcollects business license gross receipts taxes for telecommunications services; and

WHEREAS, pursuant to Sections 92.074 to 92.098 RSMo., adopted in 2005 by the 93rd Missouri General Assembly, cities must comply with the Municipal Telecommunications Business License Tax Simplification Act; and

WHEREAS, the City of Rich Hill desires to comply with any mandatory provisions of the Act, but in the event that said Act is not in effect for any reason, the City desires that its Ordinance remain unchanged except as compelled by the Act; and

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

Section 1.  Definitions

1.     the term “gross receipts” shall be construed to mean all receipts from the retail sale of telecommunications service taxable under Section 144.020 RSMo, and from any retail customer now or hereafter exempt from state sales tax; and

2.      the terms “telephone service”, “telecommunications service”, “telecommunications”, “local exchange service”, “local exchange telephone transmission service”, “exchange telephone service”, and similar terms shall be construed to mean telecommunications service as defined in Section 92.077 RSMo, which as of the date of adoption hereof provides that “telecommunications service” has the same meaning as such term is defined in Section 144.010 RSMo, which in turn as of the date of adoption hereof provides that “telecommunications service” means the transmission of information by wire, radio, optical cable, coaxial cable, electronic impulses, or other similar means, further provides that as used in this definition, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols, and further provides that “telecommunications service” does not include the following if such services are separately stated on the customer’s bill or on records of the seller maintained in the ordinary course of business:

(a) Access to the Internet, access to interactive computer services or electronic publishing services, except the amount paid for the telecommunications service used to provide such access;

(b) Answering services and one-way paging services;

(c) Private mobile radio services which are not two-way commercial mobile radio services such as wireless telephone, personal communications services or enhanced specialized mobile radio services as defined pursuant to federal law; or

(d) Cable or satellite television or music services.

3.  The phrase “to the extent required by law” shall mean that the action is required or permitted by State law in order for the City to continue to receive municipal telecommunications tax revenues under this Article.

Section 2.  Tax levied

Every person now or hereafter engaged in the business of selling telephone or telegraph service, for compensation for any purpose in the City shall pay to the City, as a license or occupation tax, six percent (3%) of the gross receipts from such business in the City.

To the extent required by law, the City Clerk of the City is hereby authorized and directed to promulgate and publish the revenue neutral rates to be applied in the City ofRich Hillfor bills to be rendered on or afterJuly 1, 2006, based on the rate

information supplied by the Director of Revenue of the State ofMissouri.

Effective July 1, 2006, to the extent required by law, notwithstanding the provisions of any municipal business license tax (as defined in Section 92.077 RSMo) ordinance, this tax shall be based solely and exclusively on those gross receipts of telecommunications companies (being any company doing business in the State of Missouri that provides telecommunications service) for the retail sale of telecommunications services which are subject to taxation under sections 144.010 and 144.020 RSMo.

To the extent required or permitted by law, for bills rendered on and afterJuly 1, 2006, the tax rate shall be two percent (2%) or the revenue neutral rates as promulgated and published herein, whichever is higher. To the extent required by law, for bills rendered on and afterJuly 1, 2007the tax rate shall be adjusted as promulgated and published by the Director of the Department of Revenue for the State ofMissouripursuant to Section 92.086 RSMo. The City shall notify the Director of the Department of Revenue in writing within 30 days of any change in the tax rate to the extent required by Section 92.086 RSMo.

Section 3.   Statement of gross receipts required; payment of tax; credit for service rendered City.

All persons engaged in the businesses described Section 1 are hereby required to file with the Finance Director a sworn statement showing the gross receipts of such business within the City. For the business transacted and the gross receipts each month, a statement shall be due and filed by the last day of the following month. At the same time the statement is required to be filed, payment of the tax due on the gross receipts reported in the statement shall be made to the City ofRich Hillat the rate set forth in Section 2. The payment shall be a license to operate for the month immediately succeeding the month in which the payment is made.

EffectiveJuly 1, 2006, to the extent required by law the Director of the Department of Revenue for the State ofMissourishall collect, administer, and distribute telecommunications business license tax revenues in accordance with the provisions of Sections 92.074 to 92.098 RSMo. and returns filed by telecommunications companies with the Director and tax payments made by such companies to the Director pursuant to such statutes shall take the place of the statements and payments described above.

Section 4. Tax to be in lieu of other occupation taxes

The tax required to be paid under Section 2 shall be in lieu of any other occupation tax required of any person engaged in any of the businesses described in Section 1. Except as otherwise required by Sections 92.074 to 92.098 RSMo, nothing contained in this article shall be construed to exempt any person to which this article is applicable from payment to the City of any taxes, other than occupation license taxes, levied by the City upon such person or the real or personal property of such person.

Section 5. Investigation of gross receipts statement

The Finance Director and such other persons may be designated by the Board of Alderman, from time to time, is and are hereby authorized to investigate the correctness and accuracy of any statement filed under the provisions of Section 2, and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person filing such statement. EffectiveJuly 1, 2006, any audit of a telecommunications company for purposes of sections 92.074 to 92.098 shall be conducted pursuant to such statutes and any rules promulgated thereunder.

Section 6. Violations; penalties

(a) Any person engaged in any of the businesses described in this ordinance who shall violate any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of up to $500.00 for each violation.

(b) Delinquent taxes under this article shall be subject to the penalties as provided for by other ordinances of the City, now or hereafter enacted, relating to penalties upon delinquent taxes.

(c) To the extent required by law, unless specifically stated otherwise in Sections 92.074 to 92.098 RSMo., taxpayer remedies, enforcement mechanisms, tax refunds, tax protests, assessments, and all other procedures regarding the tax imposed by this article shall be the same as those provided in Chapter 144 RSMo.

Section 7. Construction

To the extent required by law, in all respects this article shall be interpreted, construed and applied consistent with the requirements of Sections 92.074 to 92.098 RSMo.

Section 8. Severability

It is hereby declared to be the intention of the Board of Alderman that each and every part, section and subsection of this Ordinance shall be separate and severable from each and every other part, section and subsection hereof and that the Board of Alderman intends to adopt each said part, section and subsection separately and independently of any other part, section and subsection. In the event that any part of this Ordinance shall be determined to be or to have been unlawful or unconstitutional, the remaining parts, sections and subsections shall be and remain in full force and effect. In the event that the Municipal Telecommunications Business License Tax Simplification Act shall be repealed or shall be declared unconstitutional in total or in substantial part, it is the intent of the City to continue in effect the provisions of Sections 1 through 7 of the Ordinance as they existed prior to the effective date of the Act, unaffected by the provisions of the Act to the greatest extent possible without preventing the City from receiving tax revenues under this Article.

Section 9. Effective Date

This ordinance shall take effect and be in full force following its passage and being signed as provided by law.

Read two times and passed this 15^th day of May 2006.

____________________________

Tammy Williams, Mayor

ATTEST:

_______________________

Rose Entrikin, City Clerk

Ayes:  Humble, Turner, Miller, Wills

Nays: None

 

                     CONSENT OF MISSOURI DEPARTMENT OF NATURAL RESOURCES

            The Missouri Department of Natural Resources, having received the favorable recommendation of the Clean Water Commission of the State ofMissouri, hereby approves Ordinance No. ______ adopted by the Board of Aldermen of the City of Rich Hill, Missouri on September __, 2005.

Dated this ____ day of September, 2005.

MISSOURI DEPARTMENT OF NATURAL RESOURCES

By:                                                            

            Department Director

 

 

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

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

Section 1. (Definition)

 

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

Section 2. (Certifications)

 

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

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

Section 3. Miscellaneous Provisions.

 

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

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

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

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

Nays: None

Absent: None

 

 

                                                                                          ________________________

                                                                                         Tammy Williams

                                                                                          Mayor

Attest:                                                                               

 

 

___________________________

Rose Entrikin

City Clerk

 

CERTIFICATE

 

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

 

Dated this 24^th day of May, 2005.

 

                                                                              ____________________________

                                                                             Rose Entrikin

                                                                              City Clerk

 

AN ORDINANCE REPEALING ORDINANCE NUMBER 1203 POLICE DEPARTMENT POLICY MANUAL

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

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

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

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

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

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

___________________________________

Tammy Williams, Mayor

ATTEST:

____________________________________

Rose Entrikin-City Clerk

Ayes:  Steuck, Turner, Heckadon, Miller

Nays:  None

                       

 

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

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

 

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

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

_____________________________

Tammy Williams, Mayor

ATTEST:

_____________________________

Rose Entrikin, City Clerk

Ayes: Steuck, Turner, Heckadon, Miller

Nays: None

 

                                            CERTIFICATION BY THE CITY CLERK

 

STATE OFMISSOURI           )

) as

COUNTYOFBATES             )

 

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

 

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

 

                                                                              

______________________________________

Rose Entrikin, Clerk ofCity of Rich Hill,Missouri