AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2023 AND ENDING DECEMBER 31, 2023 AND APPROPRIATING FUNDS THERETO FOR THE CITY OF RICH HILL, MISSOURI
WHEREAS, the Mayor has presented to the Board of Aldermen an annual budget for the fiscal year beginning on January 1, 2023, and required public hearings on the budget have been conducted at which all were given opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED by the Board of Alderman of the City of Rich Hill, Missouri as follows:
Section 1: The annual budget for the City of Rich Hill, Missouri, for the fiscal year beginning January 1, 2023 and ending December 31, 2023, a copy of which is attached hereto and made a part hereof as is fully set forth herein, having been heretofore submitted by the City Clerk is hereby adopted.
Section 2: Funds are hereby appropriated for the objects and purposes of expenditures set forth in said budget.
Section 3: This ordinance shall be in full force and effect from and after its passage by the Board of Aldermen.
AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI IMPOSING A LOCAL SALES TAX FOR GENERAL REVENUE PURPOSES AT THE RATE OF THREE PERCENT (3%) PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XIV, SECTION 2.6(5) OF THE MISSOURI CONSTITUTION AND PROVIDING FOR SUBMISSION OF THE PROPOSAL TO THE QUALIFIED VOTERS OF THE CITY FOR APPROVAL AT AN ELECTION TO BE HELD ON THE 4TH DAY OF APRIL, 2023.
WHEREAS, this proposed local sales tax levy, if approved by the voters, shall be imposed on all retail sales of adult use marijuana sold in the City of Rich Hill; and
WHEREAS, the proposed sales tax levy requires a majority approval by the qualified voters of the City at an election,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:
SECTION 1. Pursuant to the authority granted by Article XIV, Section 2.6(5) of the Missouri Constitution a local city sales tax of Three Percent (3%) for general revenue purposes is imposed on the receipts from the sale of adult use marijuana sold at retail within the City’s corporate boundaries.
SECTION 2. This tax shall be submitted to the qualified voters of Rich Hill, Missouri, for their approval, as required by the provisions of Article XIV, Section 2.6(5) of the Missouri Constitution, at the election hereby called and to be held on Tuesday, the 4th day of April, 2023. The ballot of submission shall contain the following language:
If you are in favor of the question, place an “X” in the box opposite “YES”. If you are opposed to the question, place an “X” in the box opposite “NO”.
SECTION 3. The Mayor and City Clerk shall prepare and execute the form of the Notice of said Election and shall transmit the same to the Election Authority for the City of Rich Hill, Missouri, and request said election to be conducted by law.
SECTION 4. If a majority of the qualified voters voting at said election shall vote in favor of the approval of this ordinance, then the sales tax approved by the voters shall be in full force and effect on April 4, 2023, and 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 certificates of the election returns and accompanied by a map of the City clearly showing the boundaries, thereof.
SECTION 5. If any section, subsection, sentence clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, as such holding shall not affect the validity of the remaining portion thereof.
SECTION 6. This tax shall be collected in addition to any other sales taxes imposed by the City and shall not replace or repeal any other sales tax.
SECTION 7.This ordinance shall be in full force and effect from and after its passage and approval subject to the provisions herein contained which provide for voter approval or for specific dates of effectiveness.
READ TWICE, PASSED AND APPROVED this 28th day of December, 2022.
AN ORDINANCE TO ESTABLISH A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN OFFICIALS
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:
SECTION 1: The proper operation of government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office shall not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city.
SECTION 2:
a. All elected and appointed officials as well as employees of a political subdivision, serving in an executive or administrative capacity, must comply with Section 105.454 RSMo on conflicts of interest as well as any other state law governing official conduct.
b. Any member of a governing body of a political subdivision who has a “substantial or private interest” in any measure, bill, order, or ordinance proposed or pending before such governing body must, before he passes on the measure, bill, order, or ordinance, disclose in writing that interest to the clerk of such body and such disclosure shall be recorded in the appropriate journal of the governing body. Substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of: (1) 10% or more of any business entity; or (2) an interest having a value of $10,000.00 or more; or (3) the receipt of a salary, gratuity or other compensation or re-numeration of $5,000.00 or more, per year, from any individual, partnership, organization or association within any calendar year.
SECTION 3: Each elected official, the chief administrative officer, the chief purchasing officer, and the full time general counsel shall disclose, in writing, the following information by May 1, with deadline procedures set forth below in SECTION 4, if any such transactions occurred during the previous calendar year:
a. For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of $500.00, if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision.
b. The date and the identities of the parties to each transaction known to the person with a total value in excess of $500.00, if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other transfers for no consideration to the political subdivision.
c. The chief administrative officer and the chief purchasing officer also shall disclose by May 1 for the previous calendar year the following information:
1. The name and address of each of the employers of such person from whom income of $1,000.00 or more was received during the year covered by the statement;
2. The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned 10% or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned 2% or more of any class of outstanding stock, limited partnership units, or other equity interests;
3. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
SECTION 4:
a. The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year.
1. Every person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided, that any member of the city council may supplement the financial interest statement to report additional interest acquired after December 31 of the covered year until the date of filing of the financial interest statement;
2. Each person appointed to office shall file the statement within 30 days of such appointment or employment
3. For purposes of timely filing, the deadline for filing any statement required by this ordinance shall be 5:00 P.M. of the last day designated for filing the statement. When the last day of filing, falls on a Saturday or Sunday or an official state holiday, the deadline for filing is extended to 5:00 P.M. on the next day which is not a Saturday or Sunday or official holiday. Any statement required within a specified time shall be deemed to be timely filed if it is postmarked not later than midnight of the day previous to the last day designated for filing the statement.
b. Financial interest statements giving the financial information required in SECTION 3 shall be filed with the City Clerk of Rich Hill, Missouri, and with the Secretary of State prior to January 1st. After January 1st, reports shall be filed with the City Clerk of Rich Hill, Missouri, and the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.
SECTION 5: All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed, provided however, that this ordinance shall not affect any acts or the prosecution of any acts which may have occurred prior to the date of this ordinance.
SECTION 6: The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.
SECTION 7: This ordinance shall be in full force and effect from and after its passage and approval as provided by law.
1ST READING 21ST DAY OF SEPTEMBER 2022
2ND READING 21ST DAY OF SEPTEMBER 2022
PASSED THIS 21ST DAY OF SEPTEMBER 2022
__________________________________
Nathan Kassner, Mayor
ATTEST: Ayes:
Nays:
___________________________
Casey Crews, City Clerk
CERTIFICATION BY THE CLERK
STATE OF MISSOURI )
) AS
COUNTY OF BATES )
I, Casey Crews, City Clerk of the CITY OF RICH HILL, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for is a true and correct copy of the Ordinance No. duly adopted by the Board of Alderman of the CITY OF RICH HILL, Missouri at their regular meeting on the 21st day OF SEPTEMBER 2022.
IN WITNESS WHEREOF, I hereby set my hand and affix the seal of the said City at my office in Rich Hill, Missouri.
BE IT ORDAINED, BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI, THAT:
Section 1: That for the support of the government of the City of Rich Hill, Missouri, and to meet the contractual obligations of said City, for the tax year 2021, general, parks and recreation, library, and health taxes are hereby levied on all property subject to taxation within the corporate limits of the City of Rich Hill, Missouri, as follows:
For General purposes: 0.6183 on the $100.00 valuation.
For Parks and Recreation purposes: 0.2494 on the $100.00 valuation.
For support of the Rich Hill Library: 0.2131 on the $100.00 valuation.
For Health purposes: 0.1296 on the $100.00 valuation.
Section 2: This Ordinance imposing a Tax Levy on Personal Property and Real Estate shall be in full force and effect from and after its date of passage.
READ two times and PASSED by the Board of Aldermen of the City of Rich Hill, Missouri, and APPROVED by the Mayor of Rich Hill, this 10th day of August, 2022.
Be it ordained by the Board of Alderman of the City of Rich Hill, Missouri as follows:
ARTICLE 1- GENERAL PROVISIONS
The City of Rich Hill will be the managing authority for the Greenlawn Cemetery. All administrative matters pertaining to the operation of Greenlawn Cemetery shall be under the direction of the City Clerk or delegate. The City of Rich Hill will maintain all appropriate records of purchases, deeds, maps, and contracts. The City of Rich Hill or its authorized representative shall provide continuing care, maintenance, operation, and improvement to Greenlawn Cemetery. Cemetery care does not include the purchase, erection, repair, or replacement of monuments, headstones, markers, or any other item on a space. Only the City of Rich Hill shall open or close any gravesites.
SECTION 1 – Visitors
a. Greenlawn Cemetery shall be open to visitors from 8:00 a.m. to 30 minutes prior to sunset.
b. All visitors shall respect the solemnity and beauty of the cemetery and strictly observe the rules established by the City to secure quiet and good order at all times within the cemetery.
c. Children under the age of sixteen (16) years of age shall not be permitted within the Cemetery unless they are accompanied by one or more adults who are responsible for them or have permissions from parents and guardians to visit the Cemetery.
d. No animals shall be allowed in the cemetery except service animals that are trained to perform tasks for people with disabilities.
SECTION 2 – Traffic Rules
a. No person or vehicle shall enter the cemetery except through entrances maintained for the public without permission from the Sexton.
b. There shall be no driving over the graves or upon the lawns under any pretense whatsoever except for normal maintenance and operation of the cemetery.
c. Any driver who drives any vehicle upon the lawns, across gutters or anywhere else where damage results, shall make good such damages.
d. The sounding of horns, sirens or other audible signals within the cemetery shall be prohibited except in connection with a funeral service.
e. Vehicles shall not make U-turns upon roads but shall instead drive around the section.
f. Speed limit shall be 10 MPH.
SECTION 3 – Detrimental trees or shrubs etc.
If any trees or shrubs situated on any grave shall, by means of their roots, branches or otherwise, become detrimental to the adjacent lots, avenues or streets or dangerous or inconvenient to passengers, the City shall remove such trees, shrubs or parts thereof that are detrimental or dangerous or make access to the grave site inconvenient. Effective November 13, 2007, no one except authorized employees of the City shall plant trees, shrubs, flowering plants or other vegetation in the cemetery.
SECTION 4 – Donations
All donations or bequests made for the cemetery shall be deposited in the City’s Cemetery Fund. The funds received shall be used for maintenance and upkeep of the cemetery.
SECTION 5 – Approval for special projects, improvements, and construction
Any and all improvements, construction, beautification projects, road construction or changes in roads, or any other changes or additions made in Greenlawn Cemetery shall be approved by the Board of Aldermen prior to such installation, erection, construction or alteration.
SECTION 6 – Heirs
Upon the death or judicially declared incompetency of a plot owner, it is the duty of the heirs, devisees, or guardian to file with the cemetery management legally accepted proof of their right to use the plot. Burial on a plot may not be permitted until such proof is presented.
ARTICLE 2 – INTERMENT
SECTION 1 – Mausoleums
Any form of burial that leaves the remains above ground level shall be prohibited except when a mausoleum is in existence as of May 9, 2000.
SECTION 2 – Grave Space Costs
a. The spaces in Greenlawn Cemetery shall cost the amount listed in the City Fee Schedule. The cost shall be paid in full before a deed is issued.
b. The City Clerk shall issue a Greenlawn Cemetery Deed showing the location of the grave site, and said each deed shall be signed by the Mayor.
c. The City may utilize payment plans to purchase cemetery spaces but the cost shall be paid in full before it may be used for a burial. The purchaser must sign a written agreement. A 5% fee shall be assessed on all payment plans. The duration of payment plans shall be as follows:
1 grave space 6 months
2 graves spaces 12 months
3 graves spaces 18 months
4 graves spaces 24 months
If the payment plan is not paid in full by the end of the agreement, the City shall refund any money paid except the 5% fee and a handling charge of, in an amount listed in the City Fee Schedule.
SECTION 3 – Perpetual Care
a. After October 28, 2008, an amount, as listed in the City Fee Schedule, shall be charged per grave space for perpetual care, which shall be paid at the time of the sale of the space.
b. Deeds shall not be issued until perpetual care is paid.
c. The principal of the Perpetual Care Fund shall not be used for any purpose whatsoever, and no money shall be transferred out of the Perpetual Care Fund except for the purpose of being invested. The interest income derived from the Perpetual Care Fund shall be used for the preservation, care, upkeep, and adornment of Greenlawn Cemetery.
SECTION 4 – Regulation of Interments
a. There shall be only 1 interment per grave space unless a written request for cremated remains to be buried upon another interment or for a double burial is approved by the Mayor and the Sexton.
b. To maintain uniformity, the arrangement and location of graves upon a lot shall be determined by the City.
c. All interments shall be authorized by the City Clerk.
d. Two working days’ notice is required for the preparation of a grave except in an emergency.
e. Interments shall not occur before 10:00 a.m. or after 4:00 p.m.
f. All standard interments shall incorporate the use of a casket and a concrete grave liner with lid in which the casket shall be placed.
g. Cremated or infant interments shall incorporate the use of a container approved by the City.
h. The scattering of cremated remains shall not be permitted.
SECTION 5 – Regulation of Disinterment
a. Disinterment shall occur only with written permission in writing obtained from the Mayor, in accordance with state law and upon a notarized written consent or request by:
1) The purchaser of the grave space; or
2) The surviving heir or heirs of a deceased purchaser; or
3) An appropriate court order.
b. The disinterment fee shall be an amount as listed in the City Fee Schedule.
c. No disinterment shall occur until the costs herein specified have been paid in full.
d. The costs to remove the vault shall be paid to the vault company.
SECTION 6 – Interment Fees
a. The cost of opening and closing a grave shall be as follows:
Vault or box, weekday see City Fee Schedule
Saturdays see City Fee Schedule
Sundays & Holidays see City Fee Schedule
Cremated remains, weekday see City Fee Schedule
Weekends & Holidays see City Fee Schedule
Infant remains, weekday see City Fee Schedule
Weekends & Holidays see City Fee Schedule
b. The cost of special requests for closing of graves after 4:00 p.m. on any day of the week shall be the same as for Sundays and holidays.
c. No interment shall be performed until the specified costs have been paid in full.
d. Approved double burials fees shall be an additional fee, as listed in the City Fee Schedule for the burial that is double deep. If the second burial does not occur at the same time as the first burial, the specified opening and closing costs shall be paid at the time of the second burial.
SECTION 7 – Funeral Directors’ Responsibilities
Funeral directors will be held responsible for the actions of all vehicles drivers or others employed by them while within the grounds of the cemetery. The funeral director will be held responsible for all vehicles in a funeral procession. All vehicle and traffic regulations must be observed. The funeral director must ensure that vehicles are parked properly for a burial service. If a funeral director is not used, the person making funeral arrangements will be held responsible for the interment service.
SECTION 8 – Grave opening and closing
Only the City of Rich Hill or it’s authorized representative may open a grave in Greenlawn Cemetery. All interments and disinterment’s shall be done under the supervision of the Sexton or his authorized designee in conformance with all applicable health laws. All graves must be closed immediately following the burial ritual. The City of Rich Hill or it’s authorized representative will close all graves.
SECTION 9 – Funeral Service Equipment
Any tents, chairs, lowering devices or other temporary items used for a burial service must be removed within 24 hours after the funeral service by the rightful owner of such items.
ARTICLE 3 – GRAVES
SECTION 1 – Placement and location of foundations, monuments, etc. and permit fees
a. No person shall set or place any foundation, monument, memorial, stone or marker of any sort, including any Veteran’s marker, within Greenlawn Cemetery without first obtaining a permit from the City Clerk. This fee shall be an amount as listed in the City Fee Schedule. Additionally, that person must own the lot in the cemetery, or be the surviving heir or heirs of a deceased purchaser at the time of placement. If an agreement cannot be reached the Mayor shall decide.
b. The Sexton shall be present when any work is performed to ensure compliance with the provisions of this Article.
c. Effective November 13, 2007, the City shall only permit the placement of head stones in the cemetery. Any bench, foot marker, etc. placed before November 13, 2007, shall be permitted to remain in the cemetery as long as the bench, foot marker, etc. is attached to the ground.
d. The City is not responsible for theft or damage to any personal property, including artifacts, personal effects, etc., placed on or near interment spaces or elsewhere in the Cemetery. This includes headstones and markers, which are owned by the family members. Repair to headstones and markers are the responsibility of the family.
SECTION 2 – Concrete foundations required; depth.
Each monument, stone or marker placed within Greenlawn Cemetery shall be set or placed on top of a concrete foundation no less than 24 inches deep. Monuments, stone or markers shall be set upon the concrete foundations only after the concrete has set up. Placement of a marble or granite pad under any monument, stone or marker within Greenlawn Cemetery shall be permitted provided placement is in compliance with all other provisions of this Ordinance.
SECTION 3 – Continuous Aprons
No fencing, railing, curbing, or material or whatsoever kind or nature shall be placed surrounding any monument, stone or marker placed in Greenlawn Cemetery. All aprons placed before June 8, 2022 are permitted to remain in the cemetery providing it does not interfere with the maintenance and upkeep of the cemetery.
SECTION 4 – Use of grave for burial or memorial
The grave spaces in Greenlawn Cemetery shall be sold only for burying human remains or for establishing memorials to deceased human beings. All plots shall be sold in increments of one plot or more upon completion of an application in the form attached. Plots are sold for no purpose other than for the burial of human remains without regard to race, color, national origin, gender, or religion.
SECTION 5 – Transfer of Grave Sites
The grave site owner shall not sell or convey any grave spaces in the cemetery without first submitting a notarized statement giving written consent for the transfer to the City Clerk. All transfers shall be made through the City Clerk who shall issue a new deed. The cost of the transfer shall be an amount as listed in the City Fee Schedule. If the owner of the grave space is deceased, the surviving heir or heirs shall submit a notarized statement giving written consent for the transfer to the City Clerk and the request shall be approved by the Mayor.
SECTION 6 – Ornamentation of graves
a. The City shall retain control and supervision of all grave spaces that are sold; and the City shall retain the right to have its Sexton enter upon any grave to prohibit, modify or remove any structure, object, improvement, or adornment of any such structure, object, improvement, or adornment that may interfere with the maintenance and upkeep of the cemetery.
b. The use of glass containers on or around the graves in Greenlawn Cemetery shall be expressly prohibited and shall be removed if placed upon the grave.
c. All grave decorations or mementos shall be removed by the Sexton if the decoration or a memento interferes with the maintenance or upkeep of the cemetery. Exceptions are as follows:
1) Permanent vases attached to the stone or foundation;
2) Everything on the stone until the stone or the attachment to the stone has deteriorated; the Sexton shall determine deterioration; and
3) Shepherd hooks as long as they are as close to the head stone as possible.
d. Decorative rock, wood chips, landscape timber, and boarders will be prohibited and will be removed at the owner’s expense.
e. If any monument, effigy, or other structure placed upon any Grave Side shall be determined by the Sexton to be indecent, profane, pornographic, or otherwise offensive to the Greenlawn Cemetery, it shall be removed by the City at the owner’s expense to the extent practical.
f. All grave decorations or floral arrangements, real or artificial, will be allowed until such time as they become faded, worn, weathered, or otherwise become unsightly, a source of litter or a maintenance problem and may be removed by the cemetery Sexton or his designee.
g. Flowers or decorations must remain on the headstone only and must not be placed on or in the grass.
ARTICLE 4 – City and Sexton duties
SECTION 1 – Duties of the City and Sexton
City and the Sexton shall lay out all grave sites in Greenlawn Cemetery and shall perform such other duties and work as directed by the Board of Aldermen; all burials shall be subject to their supervision.
SECTION 2- Workmen subject to control of the City and Sexton
All workmen employed in the construction of vaults, erecting monuments or other similar activities shall be subject to the control and direction of the City or Sexton.
ARTICLE 5 – Liability
Damage – With respect to the Cemetery, the City shall not be held responsible for any damages caused by the elements, acts of God, common enemies, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or the other of any military or civil authority, whether the damages be direct or collateral.
Volunteers – All volunteers or committee members working in the Cemetery shall be fully responsible for any damage done by them or their agents. Upon completing their work, all tools, equipment, and debris from the Cemetery must be immediately removed. All damages that may be done will need to be fixed at the Cemetery Grounds.
Administrative liability – No officer, agent or employee of the City or the Board of Aldermen shall be rendered liable for any damage that may occur to any person as a result of any act, decision or other consequence or occurrence arising out of the discharge of their duties and responsibilities pursuant to this Ordinance.
All ordinances or parts of ordinances or policies in conflict with this ordinance are hereby repealed.
This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]
1ST READING: 13th day of July 2022
2ND READING: 13th day of July 2022
THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13TH DAY OF JULY 2022
______________________________
Nathan Kassner, Mayor
ATTEST:
______________________________
Casey Crews, City Clerk
Ayes: Bonham, Rich, Entrikin
Nays: None
[i] For informational purposes, this Ordinance repeals and replaces the following: Ordiannce 1698, enacted January 8th, 2020; Ordinance 1679, enacted December 12th, 2018; which replaced Ordinance 1665, enacted December 12, 2017; which replaced Ordinance 1644, enacted March 28, 2017, which replaced Ordinance No. 1376, enacted December 12, 2012.
EXHIBIT A
AGREEMENT FOR PURCHASE OF CEMETERY INTERMENT RIGHTS
This Agreement is made this ___________ day of _________________, ___________, by and between the City of Rich Hill “Seller” and ____________________________________________________________________________
“Purchaser” of _________________________________________________________________________________
Street City State Zip
Purchaser Telephone Number (__________) _________________________________________________________
WITNESSETH THAT: Seller agrees to sell and Purchaser agrees to buy Interment Rights in the following lots in Greenlawn Cemetery:
Section _________________ Lot ___________________ Space(s) __________________________
INTERMENT RIGHTS
Number of Plots __________ at $_____________ per lot = $__________________________
PERPETCUAL CARE
Number of Plots __________ at $_____________ per lot = $__________________________
Total Price $____________________
Down Payment $________________
Unpaid Balance $________________
Your payment schedule is as follows:
Number of Payments
Amount of Payments
Monthly Payments Begin
For value received, the undersigned Purchaser, jointly and severally if more than one, promises to pay to the order of Sellar, at its address shown above the amount identified above as the Total price in accordance with payment schedule set out above.
Seller will retain title to said Interment Rights until the Total Price has been paid by Purchaser to Seller. Seller shall at all times remain the owner of the real property.
Purchaser agrees that all rights conveyed under this Agreement are subject to, and Purchaser agrees to always comply with, the Ordinance set in place by the Board of Aldermen, which is available for examination in Seller’s office, as they presently exist or may be hereafter altered, amended or adopted.
A charge for opening and closing the interment space is not included in the total price set forth herein and will be assessed at the time such service is requested.
Upon payment of the total price by the Purchaser, the Seller agrees to convey the above-described Interment Rights by issuance of a Deed to the designated person(s).
BY SIGNING THIS AGREEMENT, THE PUCHASER CONFIRMS THAT HE OR SHE HAS READ, UNDERSTANDS AND AGREES TO ALL TERMS OF THIS AGREEMENT AND THAT HE OR SHE HAS RELIED ON NO VERBAL REPRESENTATION OF SELLER. PURCHASER DELCARES THAT THE INFORMATION PURCHASER HAS GIVEN ON THIS FORM IS TRUE AND CORRECT. PURCHASER WILL BE RESPONSIBLE FOR PAYING ALL FEES SET BY THE BOARD OF ALDERMEN IN CONSIDERATION OF BEING GRANTED THE RIGHT OF INTERMENT IN THE ABOVE PLOTS(S) LOCATED IN THE GREEN LAWN CEMETERY. PURCHASER FUTHER DECLARES THAT PURCHASER HAS BEEN GIVE A COMPLETE AND ACCURATE COPY OF THE CITY ORDINANCE AND HEREIN AGREES TO ABIDE BY THEM. PUCHASER ACKNOWLEDGES THAT PURCHASER HAS RECEIVED A COPY OF THIS APPLICATION AS A RECEIPT OF PURCHASE.
[1] For informational purposes, this Ordinance repeals and replaces the following: Ordiannce 1698, enacted January 8th, 2020; Ordinance 1679, enacted December 12th, 2018; which replaced Ordinance 1665, enacted December 12, 2017; which replaced Ordinance 1644, enacted March 28, 2017, which replaced Ordinance No. 1376, enacted December 12, 2012.
AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF RURAL FIRE PROTECTION SERVICES TO PROPERTY OWNERS AND RESIDENTS OUTSIDE THE CITY LIMITS OF RICH HILL, MISSOURI
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF CITY OF RICH HILL, MISSOURI AS FOLLOWS:
SECTION 1 – Purpose
The purpose of this Ordinance is to provide rural fire protection services to certain property owners and residents outside the corporate limits of the City of Rich Hill.
SECTION 2 – Definitions
Commercial building – Any building used for commercial use and/or business activities that is not considered or used as a dwelling
Dwelling – A structure or a discrete space within a structure intended for people to live in or where a person or group of people live
A structure that people actually live in is a dwelling regardless of its intended purpose
A vacant structure is only a dwelling if intended for human residence
A dwelling may include one or more rooms used as an office or workshop provided the dwelling is in residential use
Habitable – A residence that is safe and can be occupied in reasonable comfort. The premises should be closed against the weather, provide running water, access to decent toilets and bathing facilities, heating and electricity
Improvements – Enhancements to a tract of land such as driveways, fencing, parking spaces, pavement, walls and outbuildings (does not include a habitable dwelling)
Membership Dues – Dues that are set by the City to provide fire protection services in lieu of assessing a charge for fire protection services actually performed
Member – Any resident that has paid membership dues as set forth in this Ordinance
Non-member – Any resident that has not paid membership dues as set forth in this Ordinance
Property Owner – Any person owning and/or renting property within the unincorporated district/boundaries of the Rich Hill Fire Department
Tract – A large area of land that runs continuously without being divided by a road or river
SECTION 3 – City to furnish equipment and personnel
The City shall furnish fire-fighting equipment and personnel from the Rich Hill Fire Department to property owners and residents of Bates County whose property has current boundaries on file with the County Commission.
SECTION 4 – Membership Fees
The City shall sell memberships to persons residing or owning real property whose property has current boundaries on file with the County Commission and whose residence or property is easily accessible by a road. In the event the City determines the property to not easily accessible by a road, the City reserves the right to terminate the membership, and the membership fee shall be refunded.
SECTION 5 –Availability
Rural fire protection services shall be available only for real property that has current boundaries on file with the County Commission and for which the owner or resident has purchased a current membership from the City. The City, at its discretion may dispatch fire-fighting equipment and personnel from the City Fire Department to fires outside the city limits involving churches, schools, buildings for community services group meetings or for a life-threatening fire even if memberships for such locations have not been purchased.
SECTION 6 – Fees for membership are listed in the City Fee Schedule Resolution
a. Commercial building
b. Each habitable dwelling
c. A tract of land with improvements
other than a dwelling
d. A tract without improvements when the
member has a current membership under
subsection (a), (b), or (c).
e. A track without improvements when the
member does not have a current membership
under subsection (a), (b), or (c).
Fees are for each commercial building, each dwelling and/or each tract of land for which there is to be rural fire protection services.
SECTION 7 – Terms, late fees
a. The membership fee provides fire protection services as provided for a period beginning September 1 and terminating August 31 of the following year.
b. Membership fees shall be payable on or before the 1st day of September in each year.
c. After September 1, the City Clerk shall assess a penalty for late payment equal to 1 ½ percent of the total fee for each month or part of month thereafter.
SECTION 8 – Prorating services
a. Notwithstanding the preceding Section, membership fees shall be prorated if purchase of a new membership occurs after September 30th in any year.
b. Membership fees shall be 1/12 of regular fee for each full month remaining until September 1, and membership will begin on the first day of the month following payment.
SECTION 9 – Liability of non-member
a. Whenever the fire department or personnel of the City Fire Department are dispatched to respond to any fire, chemical spill or motor vehicle accident or upon the real property of a non-member, the non-member shall be liable for the cost of the response, including, but not limited to, the fees listed in the City Fee Schedule.
b. No property owner or individual shall be liable for fees or charges under this Section if said property owner or individual notifies the Fire Department in writing, prior to the occurrence of an incident on or involving their property, not to respond to said incident.
c. In the event the non-member is insured by any policy or contract of insurance that might provide coverage for such event, the City shall submit a statement for its services to the insurance company of the non-member.
SECTION 10 – Request for fire service
The Fire Chief or his authorized representative shall have the discretion to determine the type and amount of fire equipment and personnel necessary to respond to the request.
SECTION 11 – Dispatch to a rural fire
a. Fire-fighting equipment and personnel dispatched shall be dispatched outside the City limits only when the equipment and personnel are not needed within the City.
b. In the event the equipment and personnel are needed within the City while the equipment and personnel are on a rural fire call, the Fire Chief or his authorized representative, at his discretion, may immediately recall the equipment and personnel to the City.
SECTION 12 – Transferability
The membership shall be transferable only to a subsequent purchaser of the real property for which the membership was purchased.
SECTION 13 – Right of refusal
The City shall have the right to refuse or reject any application for membership or deny the renewal of any membership.
Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.
This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]
1ST READING ON THIS THE 13TH DAY OF APRIL, 2022.
2ND READING ON THIS THE 13TH DAY OF APRIL, 2022.
THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13TH DAY OF APRIL, 2022.
________________________________________
Nathan Kassner, Mayor
ATTEST:
_____________________________________
Casey Crews, City Clerk
Ayes: Rich, Bonham, Humble
Nays: None
Absent: None
[i] For informational purposes, this Ordinance repeals and replaces the following: Ordinance No. 1747, enacted November 9, 2021, Ordinance No. 1649, enacted April 11, 2017 which repealed Ordinance No. 1504, enacted June 9, 2015.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL AS FOLLOWS:
SECTION 1 – Appointments
a. The Mayor, with the consent of the Board of Aldermen, shall appoint the Fire Chief.
b. The Fire Chief with the approval of the Mayor shall appoint the Assistant Fire Chief and the First Responder Coordinator.
c. A vacancy in the office of the Fire Chief shall be temporarily filled by the next in command who shall perform the duties of the Fire Chief, with all the rights, privileges, powers and jurisdiction of the Fire Chief until the Fire Chief’s return, or in the case of death, resignation, removal from office or any other cause whatever, until the Mayor, with the consent of the Board of Aldermen, appoints a new Fire Chief.
d. The Appointee shall live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor or Board of Alderman.
SECTION 2– Fire Chief and Volunteer Fireman Qualifications
All volunteers shall:
a. Be at least 18 years of age or older;
b. Have a valid driver’s license to operate fire department vehicles and maintain a current copy of such with the City Clerk;
c. Provide proof of liability insurance coverage on the personal vehicle(s) used in the performance of the duties and responsibilities as a fireman;
d. Live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor, Board of Alderman or Fire Chief.
SECTION 3 -Volunteer First Responder Qualifications
All volunteers shall:
a. Be at least 18 years of age or older;
b. Have a valid driver’s license and maintain a current copy of such with the City Clerk;
c. Provide proof of liability insurance coverage on the personal vehicle(s) used in the performance of the duties and responsibilities as a First Responder;
d. Be certified with proof of annual certification provided to the City Clerk;
e. Be certified to use any equipment with proof of certification provided to the City Clerk;
f. If EMT licensed, a copy of the license shall be submitted to the City Clerk and again each time the license is renewed;
g. Live or work within the City’s Rural Fire Protection area unless prior consent has been obtained from the Mayor, Board of Alderman, Fire Chief or First Responder Coordinator.
SECTION 4 – Compensation for Fire Chief, Volunteer Fireman and First Responders
a. The Fire Chief shall be paid $300.00 per month.
b. The Fire Chief and all volunteers shall be covered by the City’s workers’ compensation insurance.
c. Volunteer Firemen and First Responders shall be paid each month per call and per meeting/training session.
d. Definitions
Meeting/training session – Attendance from start to finish of the meeting or training session, (usually 7 p.m.to 9 p.m.), unless the absence is pre-approved by the Fire Chief.
Call – Attendance from start to finish of a call, or on stand-by for the call at the station until personnel is back in quarters or unless released by incident command officer on the call.
e. Requests for call/trainingreimbursement shall be submitted to the City Clerk no later than the first Monday of the first full week of the following month in which the call/training was accrued. The request shall be accompanied by written documentation of attendance.
SECTION 5 – Duties and Responsibilities of the Fire Chief
The Fire Chief shall:
a. Oversee all volunteers, the Assistant Fire Chief and First Responder Coordinator;
b. Report directly to the Mayor and Board of Aldermen;
c. Oversee the use and care of equipment;
d. Maintain equipment in constant state of readiness and arrange for the immediate repair or replacement upon discovery of defective equipment;
e. Maintain a running inventory of all equipment;
f. Provide the Mayor with monthly activity reports;
g. Report any changes in personnel, any changes in the condition of existing equipment and any purchase of new equipment for insurance purposes;
h. Provide the Board of Aldermen a list of all volunteers and the equipment issued to each of them. All equipment shall be owned by the City. All personal equipment shall be assigned by the Fire Chief and signed out by the City Clerk;
i. Order a temporary outdoor burning ban on the City whenever it is deemed in the best interest of the citizens of the City that open fire be prohibited. The temporary outdoor burning ban shall remain in effect until released by the Fire Chief;
j. Prepare a budget and submit it to the City Clerk no later than March 1 of each calendar year. The budget shall be subject to the approval of the Board of Aldermen;
k. Complete all fire and medical reports and turn them into the City Clerk;
l. Report immediately to the Mayor any suspension or revocation of his or her driver’s license or cancellation of personal vehicle insurance;
m. Issue a written 10-day notice to any Fireman and First Responders whose driver’s license, auto insurance or certification license has expired. If a Fireman or First Responder fails to submit documentation of reinstatement of the license or insurance within 10 days, the Fireman or First Responder shall be removed from roster of active personnel;
n. Administer a driving test with a checklist for each Fireman and First Responder within 30 days of their addition to the roster. Firemen or First Responders shall not operate fire or first responder vehicles until they have passed the test.
SECTION 6 – General Rules for Volunteer Firemen and First Responders
a. All volunteers shall attend the monthly training meetings at the fire station.
b. The Chief and Assistant Chief shall carry radios. Any other use of radios by Firemen shall be at the discretion of the Fire Chief. Any misuse of radios shall cause retrieval of radio and a 30-day suspension.
c. All volunteers using a blue light shall follow Missouri State Statues and shall be issued a permit by the Fire Chief upon inspection and before such equipment is operated in an emergency situation.
d. The Assistant Fire Chief shall report directly to the Fire Chief.
e. All volunteers shall report immediately to the Fire Chief and Mayor any suspension or revocation of drivers license or cancellation of personal vehicle insurance.
f. First Responders follow the protocol agreed to by the Fire Chief and any emergency medical providers.
g. First Responders shall only respond to medical calls per the approved protocol.
h. Only First Responders that have a valid EMT license on file with the City Clerk shall ride in the ambulance from the scene.
i. The Fire Department shall have 17 volunteers and the Fire Chief.
j. First Responders shall have 17 volunteers.
k. A volunteer who is both a Fireman and a First Responder shall be counted both as a Fireman and a First Responder.
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED.
This Ordinance shall be in force from and after its passage and approval.[i]
[i] For informational purposes, this Ordinance deleted the specific amount of volunteer pay and deleted Section 7 Billing from Ordinance 1706, enacted January 8, 2020.
For informational purposes, this Ordinance No. replaces the following: Ordinance No. 1706, enacted January 8, 2020; Ordinance No. 1648, enacted April 11, 2017; Ordinance No. 1504, enacted June 9, 2015; Ordinance No. 1389, enacted November 13, 2012; Ordinance 1385, enacted August 14, 2012; Ordinance No. 1344, enacted September 22, 2009; Ordinance No. 1299, enacted November 27, 2007; Ordinance No. 1265, enacted June 27, 2006; Ordinance No. 1211, enacted May 25, 2004; Ordinance No. 1191, enacted September 9, 2003; Ordinance No. 1187, enacted June 10, 2003; Ordinance No. 1136, enacted October 23, 2001; and Ordinance No. 1110, enacted September 12, 2000.
