Bill No. 95                                                       Ordinance 1114

AN ORDINANCE TO IMPLEMENT THE FOLLOWING SPECIFIC AFFIRMATIVE ACTION STEPS DIRECTED AT INCREASING THE UTILIZATION OF SECTION 3 BUSINESS CONCERNS AS DEFINED UNDER CURRENT CDBG PROGRAM REQUIREMENTS.

Be it ordained by the Mayor and Board of Aldermen of the City ofRich Hill, State of Missouri, as follows:

A.  To identify eligible business concerns for CDGB-assisted contracts through: the Chamber of Commerce, the Urban League, local advertising media (including public notices) applicable area committees, or citizen advisory boards; lists available through the are HUD program office and Missouri Department of Economic Development; regional planning agencies, and all other appropriate referral sources.

 

B.  To maintain a list of businesses for utilization in CDBG-funded procurements, to insure that all appropriate Section 3 business concerns are notified of pending contractual opportunities, and to make this list available for general city procurement needs.

 

 

C.  To require all potential contractors to submit a written Section 3 plan including utilization goals and the specific steps planned to accomplish these goals, and to incorporate the Section 3 clause in all solicitations and contracts. (Note: loans, grants, contracts and subsidies for less than $100,000 are exempt from this requirement.)

 

D.  To notify Section 3 residents and businesses of the training and economic opportunities generated by the Section 3 covered assistance.

 

 

E.  To facilitate the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns by undertaking activities to reach the numerical goals.

 

F.  To maintain records including copies of correspondence, memoranda, etc., which document that all applicable Section 3 steps have been taken.

 

 

G.  To appoint or recruit an executive official of the city as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan.

 

H.  As officers and representatives of the City ofRich Hill, we have read and fully agree to this Section 3 Affirmative Action Plan, and become a party to full implementation of this program.

 

Read two times and passed by the City Council of the City of Rich Hill, State of Missouri, on the 12^th day of September 2000.

_________________________________________

Alvin Briscoe, Mayor

ATTEST:

________________________________________

Rose Entrikin, City Clerk

Ayes: Wills, Stephens, Humble

Nays: None

Rich was absent.

BILLNO. 94                                        ORDINANCE  1113     

AN ORDINANCE ESTABLISHING RULES AND REGULATIONS REGARDING THE USE OF EXCESSIVE FORCE DURING NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS, INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF:

Be it ordained by the Mayor and Board of Aldermen of the City ofRich Hill, State of Missouri, as follows:

ARTICLE I

Section 1:  The city hereby adopts and will enforce this policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations.  The city also prohibits the physical barring of any entrance or exit to such a facility and will enforce all applicable state laws regarding same.

                                                                   ARTICLE II

Section 1:  Any person found to be violating any provision of this resolution shall be served by the city with written notice stating the nature of the violation.

Section 2:  Any person guilty of this violation shall be guilty of misdemeanor, an on conviction thereof shall be fined in the amount not exceeding one hundred (100) dollars for each violation.  Each day in which any such violation shall continue shall be deemed a separate offense.

Section 3:  Any person violating any of the provisions of this resolution shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.

                                                                   ARTICLE III

            Read two times and passed by the City Council of the City of Rich Hill, State of Missouri, on the 12^th day of September 2000.

 ______________________________

 Mayor

Attest:

______________________________

City Clerk

Ayes: Wills, Stephens, Humble

Nays: None

Rich was absent.

 

BILL NO.  70               ORDINANCE NO.  1086 

AN ORDINANCE PROHIBITING THE POSSESSION OF MARIJUANA AND PROVIDING PENALTIES FOR VIOLATION THEREOF

                                                               

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

SECTION 1.  No person shall possess, or have under his control, marijuana except as may be authorized by the laws of the State of Missouri.

SECTION 2.  For the purpose of this ordinance, marijuana is defined as all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.  It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which in incapable of germination.

SECTION 3.  Any person, firm, corporation or other legal entity violating the provisions of this Ordinance shall be assessed a fine to be determined by the Rich Hill Municipal Division of the Circuit Court of Bates County, Missouri.

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

SECTION 5.  The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

SECTION 6.  This ordinance shall be in full force and effect from and after its passage and approval as provided by law.

READ TWO TIMES AND PASSED THIS       DAY OF                , 1998.

                                                                      Mayor and Ex-Officio President

    of the Board of Aldermen

ATTEST:

                            

City Clerk

BILL NO.  69                     ORDINANCE NO.  1085  

AN ORDINANCE PROHIBITING CERTAIN USES AND POSSESSION OF DRUG PARAPHERNALIA, DEFINING TERMS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF

                                                                   

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

SECTION 1.  No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance in violation of city ordinance or Sections 195.005 to 195.425, RSMo.

SECTION 2.  For the purpose of this ordinance, “drug paraphernalia” is defined as all equipment, product, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of city ordinance or Sections 195.005 to 195.425, RSMo.  It includes, but is not limited to:

(a)      Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing harvesting   of any species of plant which is a controlled           substance or from which a controlled substance can be   derived;

(b)      Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances;

(c)      Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance or an imitation controlled substance;

(d)      Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances or        imitation controlled substances;

(e)      Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances;

(f)      Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances or imitation controlled substances;

(g)      Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(h)      Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances;

(i)      Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or imitation controlled substances;

(j)      Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;

(k)      Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances or imitation controlled substances into the human body;

(l)      Objects used, intended for use, or designed for use in     ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

1.   Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

2.   Water pipes;

3.   Carburetion tubes and devices;

4.   Smoking and carburetion masks;

5.   Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

6.   Miniature cocaine spoons and cocaine vials;

7.   Chamber pipes;

8.   Carburetor pipes;

9.   Electric pipes;

10.  Air-driven pipes;

11.  Chillums;

12.  Bongs;

13.  Ice pipes or chillers.

SECTION 3.  In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

 

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) Prior conviction, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance or imitation controlled substance;

(c) The proximity of the object, in time and space, to a direct violation of any city ordinances relating to controlled substances or imitation controlled substances or of Sections 195.005 to 195.425, RSMo.

(d) The proximity of the object to controlled substances or imitation controlled substances;

(e) The existence of any residue of controlled substances or imitation controlled substances on the object;

(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of city ordinances relating to controlled substances or imitation controlled substances or of Sections 195.005 to 195.425, RSMo.; the innocence of an owner, or of anyone in control of the object, as to direct violation of such ordinances or of Sections 195.005 to 195.425, RSMo., shall not prevent a finding that the object is intended for use, or designed for use as a drug paraphernalia;

(g) Instructions, oral or written, provided with the object concerning its use;

(h) Descriptive materials accompanying the object which explain or depict its use;

(i)  National or local advertising concerning its use;

(j)  The manner in which the object is displayed for sale;

(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(l) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(m) The existence and scope of legitimate uses for the object in the community;

(n) Expert testimony concerning its use.

SECTION 4.  Any person, firm, corporation or other legal entity violating the provisions of this ordinance shall be assessed a fine to be determined by the Rich Hill Municipal Division of the Circuit Court of Bates County, Missouri.

SECTION 5.  All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed.

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

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

READ TWO TIMES AND PASSED THIS       DAY OF                , 1998.

                                                                                                 Mayor and Ex-Officio President

of the Board of Aldermen

ATTEST:

                                 

City Clerk

BILL NO. 64             ORDINANCE NO. 1080

AN ORDINANCE VACATING ALL OF AN ALLEY IN THE SPERRY’S ADDITION IN                     RICH HILL, MISSOURI

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

Section 1:  That all of the 20′ alley which runs East and West and lying south of Block 46 and North of Block 51 in the Sperry’s Addition of Rich Hill, Missouri shall be vacated.

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

Read two times and passed this 11TH day of November, 1997.

____________________________________

Doug Smith

Mayor

ATTEST:

_____________________________________

Tammy Williams

City Clerk

Aye’s:  4

Nay’s:  0

 

 

ORDINANCE 1074

BILL NO. 59 

AN ORDINANCE VACATING ALL OF ANNIE STREET IN THE SPERRY’S 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 all of Annie Street which runs North and South with the North end of the street beginning at the South side of Cherry Street and going all the way south to the edge of the Rich Hill city limits in the Sperry’s Addition of Rich Hill Missouri shall be vacated.

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

Read two times and passed this 8^th day of April 1997.

______________

Don Cole-Mayor

_______________________

Tammy Williams-City Clerk

Aye’s:  4

Nay’s:  0

ORDINANCE 1071

BILL NO. 58

 

AN ORDINANCE VACATING ALL OF THE ALLEY LYING NORTH OF LOTS 6-9 AND SOUTH OF LOTS 1-5 IN BLOCK 7 IN THE GLASGO’S 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 6-9 and South of Lots 1-5 in Block 7 in the Glasgo’s Addition of the City of Rich Hill, Missouri be vacated.

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

Read two times and passed this 25^th day of March 1997

______________

Don Cole-Mayor

_______________________

Tammy Williams-City Clerk

Aye’s:  4

Nay’s:  0

 

 

ORDINANCE 1070

BILL NO. 56 

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

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

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

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

Read two times and passed this 11^th day of March 1997.

Don Cole-Mayor

Tammy Williams-City Clerk

                        ORDINANCE NO. 1065

AN ORDINANCE VACATING ALL OF THE ALLEY LYING NORTH OF LOTS 7-12 AND ALL OF HOWARD STREET LYING WEST OF LOT 7 AND ALL OF MYRTLE LYING SOUTH OF BLK 17 IN THE CONNELLY’S ADDITION IN RICH HILL, MISSOURI

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

Section 1:  Ordinance No. 1060 of the City of Rich Hill is hereby repealed.

Section 2:  That the entire alley lying North of Lots 7-12 and all of Howard Street lying West of Lot 7 and all of Myrtle lying South of Blk 17 in the Connelly’s Addition of the City of Rich Hill, Missouri be vacated.

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

Read two times and passed this 23rd day of December, 1996.

____________________________________

Doug Smith

Mayor Pro-Tem

ATTEST:

_____________________________________

Tammy Williams

City Clerk

Aye’s: 3

Nay’s: 0

 

Mayor Don Cole was absent.

__________________________________

Tammy Williams, City Clerk