ORDINANCE NO 965

AN ORDINANCE AUTHORIZING THE EXECUTION OF A WARRANTY DEED TO ALVIN BRISCOE

     WHEREAS, the City of Rich Hill, Missouri is the owner of certain real property which the city has determined to be not essential to city purposes; and,

     WHEREAS, the City of Rich Hill, Missouri, has agreed to sell certain real property to Alvin Briscoe, which said property is non-essential.

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

     Section One:  The sale of certain real property owned by the City of Rich Hill, Missouri, to Alvin Briscoe, as hereinafter set forth, for the total consideration of $200.00, is hereby ratified and approved.

    Section Two:  The Mayor is hereby authorized and directed to execute on behalf of the City of Rich Hill, Missouri, a warranty deed to Alvin Briscoe, and the City Clerk is hereby authorized and directed to affix the City’s seal thereto, conveying to the said Alvin Briscoe, the following described land in Bates County, Missouri, to-wit:

     The East Half of Lot 12, Block 62, of the Original Town, now City of Rich Hill, Missouri

     Said warranty deed shall be delivered to Alvin Briscoe upon payment of the consideration of Two Hundred Dollars ($200.00).

     Section Three:  All ordinances or parts of ordinances in conflict herewith are hereby repealed.

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

     Read three times and passed this 14^th day of April, 1987

William Thelen-Mayor                       Yeas:  Kenny Heuser-Alderman

Caroline Byram-City Clerk                             Larnal Martin-Alerman

                                                                        Jim Doty-Alderman

                                                                        Gordon Turner-Alderman-Not signed

 

 

 

 

 

 

ORDINANCE 961

AN ORDINANCE CALLING FOR A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE FOR APPROVAL OF AN INCREASE IN THE TAX LEVY FOR THE RICH HILL MEMORIAL LIBRARY IN THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 1986

            WHEREAS, the Constitution of the State of Missouri was amended in November, 1980 to provide in Article x, Section 22, known as the Hancock Amendment, that cities may not increase taxes, licenses, and fees without voter approval, and

            WHEREAS, The Supreme Court of Missouri has determined in a decision handed down in August, 1982 that this Constitutional provision applies to certain recreational and public works fees, as well as to municipal taxes, and

            WHEREAS, the increased costs of providing services desired by our citizens has made necessary the increasing of the tax levy for the Rich Hill Memorial Library.

            WHEREAS, the Council believes the residents of Rich Hill, Missouri would prefer that the Library maintain its high level of services even if it requires an increase in the tax levy of the citizens of this city.

            WHEREAS,    the council desires to submit to the electorate of Rich Hill, Missouri the approval of a tax levy increase for the Rich Hill Memorial Library at the General Election to be held on Tuesday, November 4, 1986

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

            Section 1.  A special election shall be held in addition to the general election on Tuesday, the 4^th day of November, 1986, at which time there shall be submitted to the qualified voters of the City of Rich Hill, Missouri the following proposition:

PROPOSITION 1

            Shall the City of Rich Hill be authorized to increase the tax levy for the Rich Hill Memorial Library by $.13 on one hundred dollars assessed valuation (, which is not subject to any applicable tax rate reduction rollbacks) If this proposition is approved by the voters, the total operating levy of the Rich Hill Memorial Library will be $.25 per one hundred dollars of assessed valuation (, subject to any applicable tax rate reduction rollbacks).

            Section 2.  That the polling places for said City election shall be the same as the polling places for the General Election to be held onTuesday, November 4, 1986.

            Section 3.  That the judges of said election appointed for the General Election to be held onNovember 4, 1986shall also serve as judges for the City election called herein.

            Section 4.  The City Clerk is hereby authorized and directed to prepare and cause to be published in a newspaper having a general circulation within the City of Rich Hill, Missouri, a notice of said election and an official ballot in substantially the following form:

NOTICE OF ELECTION-OFFICIAL BALLOT

City of Rich Hill,Missouri-Notice of Election,Tuesday, November 4, 1986

Notice is hereby given that a special election will be held in the City of Rich Hill, Missouri, on the same day as the General Election,Tuesday, November 4, 1986for the purpose of submitting to the qualified electors of the City of Rich Hill, Missouri, the following propositions:

PROPOSITION 1

            Shall the City of Rich Hill be authorized to increase the tax levy for the Rich Hill Memorial Library by $.13 on one hundred dollars assessed valuation (, which is not subject to any applicable tax rate reduction rollbacks).  If this proposition is approved by the voters, the total operating levy of the Rich Hill Memorial Library will be $.25 per one hundred dollars of assessed valuation ,(subject to any applicable tax rate reduction rollbacks).

_____Yes

_____No

            Section 5.  The invalidity of any sections, 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 approval as provided by law.

            Read three times and passed this 26^th day of August 1986.

            Approved this 26^th day of August, 1986

___________________

William Thelen-Mayor

_______________________

Tammy Williams-City Clerk

 

No voting record

ORDINANCE NO. 953 

A RESOLUTION OF THE CITY OF RICH HILL, MISSOURI STATING INTENT TO SECURE INDUSTRY FOR THE CITY IN COOPERATION WITH THE DIVISION OF COMMUNITY AND ECONOMIC DEVELOPMENT.

WHEREAS:  The City of Rich Hill appreciates the opportunity to work with the Missouri Division of Community and Economic Development in supplying data on our community to attract this needed industry to Missouri, and;

WHEREAS:  The City of Rich Hill has need of industry to provide jobs to our area residents and;

WHEREAS:  The City wishes to pledge the total support of all our citizens, the Rich Hill Chamber of Commerce, and other organizations to give our best to attract this First Class Company.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rich Hill, Missouri, that we shall, by our signatures, do everything within our power to encourage development of this new industry to our community.

________________________________       _______________________________

William Thelen-Mayor                                   Kenny Heuser-Alderman

________________________________        ______________________________

Tammy Williams-City Clerk                           Larnal  Martin-Alderman

________________________________        ______________________________

Alvin Briscoe-Alderman                                 Gordon Turner-Alderman-Not signed

 

ORDINANCE 951

WHEREAS:  The City of Rich Hill, Missouri desires membership in the Kaysinger Basin Regional Planning Commission; and

WHEREAS:  The governing body of said jurisdiction gives its consent to such membership and financial participation; and

WHEREAS:  said jurisdiction had determined that the regional program can assist in guiding unified development, eliminate planning duplication and will promote economy and efficiency in the coordinated economic developments of the area.

NOW, THEREFORE BE IT RESOLVED THAT:  The City of Rich Hill, Missouri participate through membership in the Kaysinger Basin Regional Planning Commission, and that financial contribution by $.20/Capita as has been determined by the Commission.

BE IT FURTHER RESOLVED THAT:  The governing body hereby appoints James Skocy, Jr. to represent said jurisdiction on the Kaysinger Basin Regional Planning Commission.

Pass and adopted this 22^nd day of October 1985.

______________________________________

William Thelen-Mayor

______________________________________

Tammy Williams-City Clerk

 

No voting record

 

 

ORDINANCE NO. 931

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI GRANTING A PERMIT TO MISSOURI PUBLIC SERVICE COMPANY, ITS SUCCESSORS AND ASSIGNS, TO OCCUPY CERTAIN STREETS, AND ALLEYS OF THE CITY OF RICH HILL, MISSOURI, IN ORDER TO ERRECT, OPERATE AND MAINTAIN A DISTRIBUTION LINE AND APPURTENANT FOR EXTENSION OF ELECTRIC SERVICE TO A UNITED STATES AIR FORCE INSTALLATION EAST OF AND OUTSIDE THE CORPORATE LIMITS OF THE CITY OF RICH HILL, MISSOURI.

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

Section 1.  There is hereby granted to the Missouri Public Service Company, its successors and assigns, hereinafter sometimes referred to as “Grantee,” permission to occupy certain streets and alleys within the corporate limits, as the same now exist or may hereafter by extended, of the City of Rich Hill, Missouri, for the purpose of erecting, maintaining and operating an electric distribution line and appurtenant equipment, together with all necessary poles, conductors, wires, anchors and apparatus, in, along, over, under and across such streets and alleys in the City of Rich Hill, Missouri, as may be designated in writing by the proper officials of said City, in order to supply electric service to a United States Air Force installation situated east of the corporate  limits of the City of Rich Hill, Missouri.  The permission provided by this grant shall not be interpreted to authorize the erection, maintenance of operation of equipment for supplying electric service by the Grantee to the premises of any person, company, association or partnership situated within the corporate limits of the City of Rich Hill, Missouri.  The grant herein provided shall be effective for a term of ten (10) years from date of acceptance of this ordinance by Grantee as hereafter provided, subject, however, to the condition that if said United States Air Force installation requires such service for a longer period, than such grant remain effective for an additional ten (10) year period, however, if the United States Air Force or the Department of Defense does not, at the end of the first ten (10) year period, extend the original contract or enter into a new contract with Missouri Public Service Company for the furnishing of electric energy to the above-mentioned installation, then in that event all rights granted hereunder shall terminate and all the privileges and rights granted hereby shall become null and void and of no effect.

Section 2.  The permission and authorization granted by this ordinance shall become effective upon written acceptance thereof by Grantee filed with the City Clerk of the City of Rich Hill, Missouri.

Section 3.  The rights granted hereunder to Missouri Public Service Company are given with the understanding that Missouri Public Service Company, at its own expense shall maintain an electric distribution line between its substation located on city-owned real estate adjacent to the municipal generating station and a point on or near the east corporate limits of the City ofRich Hill.  The City shall have the right to attach its own conductors and appurtenances charges or rentals.  All poles installed by said Company shall be a minimum of forty (40) feet in length and sufficient to accommodate a city-owned primary circuit and secondary circuit, with minimum circuit clearances specified in the National Electrical Safety Code Handbook No. 81.  The City and said Company shall each be solely responsible for any injury to or death of their respective employees when working on any of the above-mentioned service agreements with the United State Air Force or Department of Defense, and Company shall have the right to remove its circuits used to fulfill such agreements.  All poles on which the City may have installed any facilities shall remain in place and become the property of the City at no cost to the City.

Section 4.  All ordinances of the City of Rich Hill, Missouri, or parts of ordinances which might conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage and approval by the mayor and acceptance of the terms therefore by the Grantee.

PASSED by the Board of Alderman of the City of Rich Hill, Missouri this 9 day of October, 1984

________________________________

Harry Watts-Mayor

________________________________

Vianne Peterman-City Clerk

No voting records

 

 

 

 

 

ORDINANCE 923 

AN ORDINANCE IMPOSING A TAX FOR THE PURPOSE OF PROVIDING FUNDS FOR MAJOR WATER IMPROVEMENTSANDFOR STREET IMPROVEMENTSANDREPAIRS PURPOSES ONALLSELLERS FOR THE PRIVILEGE OF ENGAGING IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY OR RENDERING TAXABLE SERVICES AT RETAIL AT THERATEOFONEPERCENT (1%) ON THE RECEIPTS FROM THE SALES AT RETAIL OFALLTANGIBLE PERSONAL PROPERTY OR TAXABLE SERVICESARESUBJECT TO TAXATION BY THE STATE OF MISSOURI UNDER THE PROVISIONS OF SECTIONS 144.010 TO 144.510 RSMo., PURSUANT TO THE AUTHORITY GRANTED BYANDSUBJECT TO THE PROVISIONS OF SECTION 945.00 TO 94.570 RSMo.,ANDPROVIDING FOR SUBMISSION OF THIS ORDINANCE TO THE QUALIFIED WOTERS OF SAIDCITYFOR THEIR APPROVAL AT THE GENERAL ELECTION CALLEDANDTO BE HELD IN SAIDCITYON April 3, 1984.

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

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

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

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

Section 2.  This ordinance shall be submitted to the qualified voters of the City of Rich Hill, Missouri, for their approval, as required by the provisions of Section 94.510 RSMo., at the general election hereby called and to be held in said city on Tuesday, the 3 day of April, 1984.  The ballot Title will be:

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

___No             Ordinance no. 923 of the City of Rich Hill, Missouri, imposes a city sales tax at the rate of 1% of the receipts on the sales at retail of all goods and services subject to sales tax imposed by the State of Missouri for the purpose of providing funds for major water improvements and the purchase of asphalt, oil and rock for street improvements and repairs in the City.  One half cent to be escrowed for major water improvements and one half cent to be used on the purchase of asphalt, oil and rock for street improvements and repairs.

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

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

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

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

NOTICE OF ELECTION

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

Tuesday, The Third Day Of April, 1984

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

PROPOSITION NUMBER 1

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

 _______YES

_______NO

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

THE POLLING PLACES SHALL BE SAME AS THE POLLING PLACES FOR THE REGULARCITYELECTIONS TO BE HELD ON TUESDAY, APRIL 3, 1984.

ORDINANCE NO.____OF THECITYOF RICH HILL, MISSOURI, IMPOSES ACITYSALES TAX AT THERATEOF 1% ON THE RECEIPTS ON THE SALES AT RETAIL OFALLGOODSANDSERVICES SUBJECT TO SALES TAX IMPOSED BY THE STATE OF MISSOURI FOR THE PURPOSE OF PROVIDING FUNDS FOR MAJOR WATER IMPROVEMENTSANDFOR THE PURCHASE OF ASPHALT,OIL AND ROCK FOR STREET IMPROVEMENTS AND REPAIRS IN THECITY. ONE HALF CENT TO BE ESCROWED FOR MAJOR WATER IMPROVEMENTS AND ONE HALF CENT TO BE USED ON THE PURCHASE OF ASPHALT, OIL AND ROCK FOR STREET IMPROVEMENTS AND REPAIRS.

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

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

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

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

            Read the third time and passed this 31^st day of January 1984.

___________________

William Thelen-Mayor

_______________________

Vianne Peterman-City Clerk

Approved this 31^st day of January 1984

___________________

William Thelen-Mayor

ORDINANCE 917 

AN ORDINANCE VACATING LYNN STREET BETWEEN FIFTHANDSIXTH STREETS ON SPERRY’S ADDITION TO THECITYOF RICH HILL, BATES COUNTY, MISSOURI

Be it Ordained and Enacted by the Council of the City ofRich Hill, State ofMissourias follows:

Article I

That Lynn Street between Fifth and Sixth Streets of Sperry’s Addition to the City of Rich Hill, Bates County, Missouri be vacated.

Approved this 8^th day of March 1983.

___________________

William Thelen-Mayor

______________________

Sharon Wescott-City Clerk

No voting record

ORDINANCE NO 916

AN ORDINANCE VACATING AN ALLEY BETWEEN BLOCKS 38 AND 43 OF SPERRY’S ADDITION TO THE CITY OF RICH HILL, BATES COUNTY, MISSOURI

Be it Ordained and Enacted by the Council of the City ofRich Hill, State ofMissourias follows:

Article I

That the alley between Blocks 38 and 43 of Sperry’s Addition to the City ofRich Hill,Bates County,Missouribe vacated.

Approved this 8^th day of March 1983

___________________

William Thelen-Mayor

______________________

Sharon Wescott-City Clerk

No voting record

ORDINANCE NO 875

AN ORDINANCE AUTHORIZING THE SALEANDEXECUTION OF A QUIT CLAIM DEED OFCITYREALESTATE TO A PRIVATE INDIVIDUAL

     WHEREAS, at a regular meeting of the Board of Aldermen of the City of Rich Hill, Missouri, duly held on the 25^th day of March, 1952, by motion duly made, seconded and approved, the Board of Aldermen agreed to convey to O.P. Smith by quit claim deed in consideration of the sum of $375 the following described land owned by the City of Rich Hill, Missouri, and located in the City of Rich Hill, County of Bates, State of Missouri to wit:

     All of Block 98 in the Town Company’s First Addition to the town, now City of Rich Hill, Missouri; and,

     WHEREAS, a quit claim deed to the said O.P. Smith was executed by the Mayor of Rich Hill, Missouri, and recorded in the Deed Records of Bates County, Missouri, but the Board of Aldermen failed to authorize said conveyance by ordinance; and,

     WHEREAS, the said property is now owned by Edna M. O’Connor; and,

     WHEREAS, the lack of an ordinance authorizing said conveyance constitutes a cloud on the title of said real estate.

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

Section 1.  The action of the Board of Aldermen of the City of Rich Hill, Missouri taken at their regular meeting of March 25, 1952, relating to the sale of City property is hereby in all respects authorized, ratified and approved.

Section 2.  The Mayor of the City of Rich Hill, Missouri, is hereby directed and authorized to execute and deliver, and the City Clerk to attest, a quit claim deed to Edna M. O’Connor releasing any interest owned by the City of Rich Hill, Missouri, in the following described land, to-wit:

     All of Block 98 in Town Company’s First Addition to the town, now City of Rich Hill, Missouri.

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

Read the third time and passed this 12 day of June, 1979.

Approved this 12 day of June, 1979

________________________________

Kenneth Kern-Mayor

_______________________________

Marcelle Marquardt-City Clerk

No voting record

ORDINANCE 858

AN ORDINANCE REQUIRING ALL PERSONS WHO ENGAGE IN THE BUSINESS OF EXCAVTION TO OBTAIN A CITY LICENSE; REQUIRING A BOND AND LICENSE FEE OF SUCH APPLICANTS, REQUIRING NOTICE TO THE CITY PRIOR TO ANY EXCAVATION ANDPROVIDING A PENALTY FOR VIOLATIONS.

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

ARTICLE I

Definitions

For the purposes of this ordinance the following terms, phrases, words and their derivation have the meaning given herein, unless the context specifically indicates otherwise:

Section 1.  Excavation shall mean the process of making a hole, ditch or trench by digging or by removing earth, soil or stones by process of manual labor or the use of mechanical equipment such as backhoes, trenchers or other types of mechanical shovels.

Section 2.  Excavator shall mean a person who engages in the business of excavating for hire.

Section 3.  “Plumbing inspector” shall mean a person appointed by the Board of Aldermen who shall be the authorized representative of the City to make such inspections as are necessary to properly carry out the provisions of this ordinance.  The plumbing inspector may be the City Marshall, superintendent of Sewage Works or other authorized representative designated by the Board of Aldermen

ARTICLE II

Section 1.  No person shall engage in the business of excavation in the City without first obtaining a City license as such excavator as provided in this article.

Section 2.  Before an excavator’s license is issued to any applicant therefore, he shall file with the City Clerk, a bond with securities approved by the Mayor in the sum ofONETHOUSAND DOLLARS ($1,000.00) to protect the City from all loss or damage that may result from negligence or destruction of city streets, pipelines or cables by the applicant furnishing such bond or any agent, servant or employee of his in the doing of any work within the City.  The bond required by this section shall be maintained in a current status for each period of license renewal and failure to comply with this provision shall automatically affect the revocation of the license.

Section 3.  Each applicant for an excavator’s license who has not previously been licensed as an excavator in the City shall pay a fee of $1.00 Dollars for the first year.  Each excavator’s license shall be annually renewed on the first day of January, in each year upon the payment of a renewal fee of $1.00 Dollars.

Section 4.  Each applicant for an excavator’s license who has not previously been licensed as an excavator in the City shall make application to the City Clerk and pay to the City Clerk at the time of such application the license fee provided above and furnish bond as provided above.  The excavator’s license shall be issued upon the completion by the applicant of such requirements.

Section 5.  An excavator’s license may be revoked by the Board of Aldermen at any time for cause without recourse.

Section 6.  No license under this article shall be transferred from one (1) person to another person and all persons holding licenses, as excavators shall actually engage in the business of excavation.

ARTICLEIII

Section 1.  Every person who intends to do any excavation in the City shall, before commencing such work, notify the City Clerk or the Plumbing Inspector of such intended excavation; provided, however, that such notice shall not be required where such work does not require digging in the streets or easements granted to the City by the property owners.

Section 2.  Such notice shall state the location of the proposed excavation, the owner of the premises and the name and location of the excavator doing the work.  A complete description of the work to be done shall be furnished either in writing or by drawings.

Section 3.  Any person who shall excavate any part of a street shall also notify the Plumbing Inspector when such excavation has been completed and filled in.

Section 4.  The Plumbing Inspector shall inspect such excavation as soon as may be practicable after receipt of such notice to determine that the street has been properly repaired.

Section 5.  If the Plumbing Inspector finds that any part of the excavation or street repair fails to pass inspection, the excavator or person doing the excavation work shall repair the street in such a way that it shall pass inspection.

Section 6.  Any excavator or person doing any excavation requiring repairing or re-surfacing of any street shall deposit with the City Clerk or Plumbing Inspector the sum of $2.50 Dollars as a fee for inspection in addition to any fees required by any other ordinances.

ARTICLE IV

Any excavator or person doing any excavation work shall be liable for any damage done to the City street, alleys, pipelines, sewers or cables as a result of such excavation work; provided, however, that no such person shall be liable for any damage done to any pipelines, sewers or cables not caused by his negligence where such person complied with the provisions of this ordinance and was not notified by the City of the location of such pipelines, sewers or cables.

ARTICLE V

Section 1.  Any person, firm or corporation violating this ordinance shall upon conviction be fined in an amount not exceedingONEHUNDRED DOLLARS ($100.00) and Court costs or be imprisoned.   Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

Section 2.  Any person, firm, or corporation violating any of the provisions of this ordinance shall become liable to the City for any expense, loss or damage occasioned the City by reason or such violation.

Section 3.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 4.  This ordinance shall be in force and effect from and after its passage and approval as provided by law.

READ THE THIRD TIME and passed this 29-day of March 1978.

APPROVED, this 29 day of March 1978

___________________________________

William Thelen-Mayor

___________________________________

Marcelle Marquardt-City Clerk

No voting record