Category: Ordinance

Posted on

1735 Bill No 737 Planning Commission Enabling

AN ORDINANCE ACTING UNDER THE AUTHORITY GRANTED BY SECTIONS 89.300 THROUGH 89.491, RSMO, PROVIDING FOR THE ESTABLISHMENT OF A CITY PLANNING AND ZONING COMMISSION AND PROVIDING FOR ITS POWERS AND DUTIES FOR THE CITY OF RICH HILL, MISSOURI

______________________________________________________________________________

WHEREAS, pursuant Section 89.300 through 89.491 of the Revised Statutes of Missouri, the City of Rich Hill, Missouri is authorized to create a City Planning and Zoning Commission; and

WHEREAS, the duties of the commission are to prepare and recommend to the Mayor and Board of Aldermen a plan for physical development; regulations governing the subdivision, and zoning plan or ordinances; to make recommendations to the Board on approval or disapproval of plats, and to submit to the Mayor and Board of Aldermen a list of recommended public improvements; and

WHEREAS, the City of Rich Hill Mayor and Board of Aldermen desire to create a City Planning and Zoning Commission.

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

SECTION 1.  The City Planning and Zoning Commission is hereby created as follows:

PLANNING AND ZONING COMMISSION

Section 1. Established; composition.

The city planning and zoning commission is hereby established, which shall consist not more than seven (7) members, including:

  • The Mayor;
  • A member of the Board of Aldermen; and;
  • Five (5) other citizen members, all of whom shall be residents of the city, who shall represent, insofar as is feasible, different professions, interests, or occupations in the city and who shall be appointed on a nonpartisan basis by the Mayor with the consent and approval of the majority of the Board of Aldermen.

State Law reference— Planning and zoning commission membership, RSMo 89.320.

Section 2. Appointment, term, removal of members; filling vacancies.

 The term of each of the five (5) appointed citizen members of the city planning and zoning commission shall be four (4) years.

  • The term of the Board of Aldermen member shall be for two (2) years, but all members shall hold office until their successors are appointed and qualify.
  • Any citizen member may, after a public hearing before the Board of Aldermen, be removed by the Board of Aldermen by a three-fourths vote for inefficiency, neglect of duty, malfeasance in office, or other good and sufficient cause stated in writing.
  • Vacancies on the planning and zoning commission occurring other than through the expiration of term shall be filled for the unexpired term in the same manner as original appointments are made.
  • The member from the Board of Aldermen shall be appointed during the month of April in each odd-numbered year.

State Law reference— Terms of members of planning and zoning commission and removal of members, RSMo 89.320.

Section 3. Compensation of members; holding other municipal office.

All members of the city planning and zoning commission shall serve as such without compensation and shall hold no other municipal office except as set forth in Section 1.

State Law reference— Compensation of planning and zoning commission, RSMo 89.320.

Section 4. Officers; meetings; rules; records.

The city planning and zoning commission shall elect its chairman and secretary from among its citizen members and create and fill such other of its offices as it may determine. The terms of the chairman and secretary shall be one (1) year with eligibility for reelection. The planning and zoning commission shall hold meetings as needed. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

State Law reference— Similar provisions, RSMo 89.330.

Section 5. Chairman may administer oaths; issuance and service of process.

The chairman of the planning and zoning commission shall have power to administer an oath to any person concerning any matter submitted to the commission, or coming within the powers and duties of the commission. The planning and zoning commission may issue process to compel the attendance of persons before it and shall have the power to subpoena books, records and papers, which process shall be served the same as process is issued out of the police court.

Section 6. Employees and staff; contracts for professional services.

The planning and zoning commission shall appoint the employees and staff necessary for its work, and may contract with city planners and other professional persons for the services that it requires. The expenditures of the commission shall be within the amounts appropriated in accordance with Section 8.

State Law reference— Similar provisions, RSMo 89.330.

Section 7.  Authority and duty as to municipal plan; planning beyond city limits.

  • The planning and zoning commission is hereby authorized to make, adopt, amend, extend, and carry out a municipal plan as authorized by RSMo 89.300—89.491.
  • It shall be a function and duty of the planning and zoning commission to make and adopt plans for the physical development of the city, including any areas outside of its boundaries but within its statutory authority which, in the commission’s judgment, bear relation to the planning of the city.

Section 8. Appropriations, other funding.

The Board of Aldermen shall provide the funds, equipment, and accommodations necessary for the work of the city planning and zoning commission, but the expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Board of Aldermen and no expenditures, nor agreements for expenditures, shall be valid or legal in excess of such amount. The planning and zoning commission shall have the authority to accept and receive donations of cash, property, gifts, bequests, and grants and may use such nonappropriated assets as the commission shall deem beneficial and advantageous to the city.

State Law reference— Similar provisions, RSMo 89.330.

Section 9.  Consultations with public officials, civic bodies, and citizens; delegation of authority.

The planning and zoning commission from time to time shall recommend to the appropriate officials programs for public structures, annexations, and improvements and for the financing thereof. It shall be the duty of the planning and zoning commission to further consult and advise with the public officials and agencies, civic organizations, public utility companies, educational, professional, and other organizations, and with citizens, with relation to the promulgation and carrying out of the city plan. The planning and zoning commission shall have the power to delegate authority to any of the above-named groups to conduct studies and make surveys for the commission if it deems expedient.

State Law reference— Similar provisions, RSMo 89.370.

 Section 10. Legal liability of members.

The duties of the planning and zoning commission as set out in this Code are hereby declared to be functions of the city government, and the city shall be responsible for the lawful acts of the planning and zoning commission and does hereby absolve the members of the commission from all personal liability for acts lawfully done in their capacity as members of the commission.

Section 11. Functions of commission.

The commission shall have and perform all of the functions of the zoning commission provided for in sections 89.010 to 89.250.

 State Law reference— Similar provisions, RSMo 89.390.

SECTION 2.  The first appointed citizen members shall be appointed as follows: Two members shall have a term of four years, two members shall have a term of two years, and one member will have a term of one year.  Each member shall be reappointed for a four-year term.

SECTION 3. This ordinance shall be in force and affect from and after its passage and approval as provided by law.

1ST READING ON THIS THE 14TH DAY OF APRIL 2021

2ND READING ON THIS THE 14TH DAY OF APRIL 2021

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 14TH OF APRIL, 2021.

________________________________________

Jason Rich, Mayor

ATTEST:       

______________________________

Casey Crews, City Clerk

Ayes:   Robb, Humble, Kassner, Tourtillott

Nays:   None

Posted on

1732 Bill No 747 Conflict of Interest

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 8TH DAY OF SEPTEMBER 2021

2ND READING 8TH DAY OF SEPTEMBER 2021

PASSED THIS 8TH DAY OF SEPTEMBER 2021

__________________________________

Nathan Kassner, President of the Board

ATTEST:                                                        Ayes: Kassner, Humble, Bonham, Thompson

                                                                        Nays: None

___________________________

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 8TH day OF SEPTEMBER 2021.

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

___________________________________________________

Casey Crews, City Clerk of City of Rich Hill, Missouri

Posted on

1725 Bill No 730 Business License Fee on Public Utilities

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI CALLING AN ELECTION TO BE HELD ON TUESDAY, APRIL 6, 2021 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION AUTHORIZING THE IMPOSITION AND COLLECTION OF A BUSINESS LICENSING FEE ON PUBLIC UTILITIES.

            WHEREAS, the City of Rich Hill is authorized to impose a license fee on public utilities pursuant to Section 94.270, RSMo; and

            WHEREAS, the City has imposed said fees since its incorporation; and

            WHEREAS, the City wishes to impose and collect a business license fee on public utilities, which include telephone service, gas service, water service, and electric service; and

            WHEREAS, the Board of Aldermen believes it is in the best interests of the City of Rich Hill and its residents to take all steps necessary to impose and collect a business license fee on public utilities, if approved and authorized by the qualified voters.

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

Section 1.  An election is hereby ordered to be held in the City of Rich Hill, Missouri, on Tuesday, April 6, 2021, for the purpose of submitting to the qualified voters of the City the following proposition:

Shall the City of Rich Hill, Missouri impose a license or occupation tax in a sum equal to seven and one-half percent (7.5%) of the gross receipts derived from business within the City on every person, firm or corporation now or hereafter engaged in the business of supplying or furnishing telephone service, gas service, water service, and electric service?

Section 2. If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the City Clerk upon receipt of the election certificate from the Election Authority shall certify the results of such election.

Section 3. The City Clerk is hereby authorized and directed to notify the Bates County Clerk, as the election authority of Bates County, Missouri, of the adoption of this ordinance and include in that notification all of the terms and provisions required by Chapter 115, RSMo, as amended, including a certified copy of the legal notice of election.  This election shall be held and conducted and the result thereof shall be canvassed in all respects in conformity with the Constitution and laws of the State of Missouri, and in accordance with appropriate ordinances adopted by the Board of Aldermen of Rich Hill, Missouri.  The Notice of Election and ballot to be used at this election shall be in substantially the same form as is attached hereto as Exhibit A.

Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval.

            PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI THIS 16th DAY OF DECEMBER, 2020.

                                                                        ___________________________________

                                                                        Jason Rich, Mayor

ATTEST:

____________________________

Casey Crews, City Clerk

Ayes: Tourtillott, Humble, Kassner, Robb

Nays: None

EXHIBIT A

NOTICE OF ELECTION IN THE CITY OF RICH HILL, MISSOURI

Notice is hereby given to the qualified voters of the City of Rich Hill, Missouri, that the Board of Aldermen of said City has called an election to be held in the City on Tuesday, April 6, 2021, commencing at six o’clock A.M. and closing at seven o’clock P.M., local time, on the question contained in the following sample ballot:

OFFICIAL BALLOT

CITY OF RICH HILL, MISSOURI

GENERAL ELECTION

TUESDAY, APRIL 6, 2021

PROPOSITION _________

Shall the City of Rich Hill, Missouri impose a license or occupation tax in a sum equal to five percent (7.5%) of the gross receipts derived from business within the City on every person, firm or corporation now or hereafter engaged in the business of supplying or furnishing telephone service, gas service, water service, and electric service?

[   ] YES                            [   ] NO

INSTRUCTIONS TO VOTERS:

Instructions to Voters: If you are in favor of the proposition, place an X in the box opposite “YES.”  If you are opposed to the proposition, place an X in the box opposite “NO.”

The polling places for all qualified voters of the City of Rich Hill, Missouri will be:

[Insert Polling Places]

Done by order of the Board of Aldermen this ___  day of __________________, 2020.

                                                                        ____________________________________

                                                                        County Clerk, Bates County, Missouri

Posted on

1724 Bill No 729 Bank Accounts

AN ORDINANCE AUTHORIZING INDIVIDUALS OF CERTAIN POSITIONS AS AUTHORIZED SIGNERS FOR BANKING PURPOSES ON ACCOUNTS NOW REGISTERED OR HEREAFTER REGISTERED IN THE NAME OF THE CITY OF RICH HILL OR USING THE CITY OF RICH HILL’S FEDERAL IDENTIFICATION NUMBER.

________________________________________________________________

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

1.       MAIN OPERATING ACCOUNT:  Be It Resolved that the agents listed below are hereby authorized to sign or otherwise authorize checks, drafts or other payment orders (“instruments”) drawn for payment of money on the main operating account with Citizens Bank of Rich Hill, Missouri;

Further, Citizens Bank of Rich Hill, Missouri, is authorized to pay such checks, drafts or other payment orders drawn on the main operating account so long as such instruments bear the signature or facsimile thereof, of the below listed individuals and such signatures match the signatures on file with Citizens Bank of Rich Hill, Missouri.

  1. Mayor
  2. President of the Board
  3. Board Members
  4. City Clerk
  5. Assistant City Clerk
  6. Clerk

2.       ALL ACCOUNTS USING THE FEDERAL IDENTIFICATION NUMBER OF THE CITY OF RICH HILL:

Be It Further resolved that the agents listed below are authorized to sign or otherwise authorize checks, drafts or other payment orders (“instruments”) drawn for payment on all accounts under the federal identification number of the City of Rich Hill held at Citizens Bank of Rich Hill, Missouri.

Citizens Bank of Rich Hill, Missouri, is authorized to pay checks, drafts or other payment orders drawn on all accounts using the federal identification number of the City of Rich Hill so long as such instruments bear the signature of any two listed individuals and such signatures match the signatures on file with Citizens Bank of Rich Hill, Missouri.

  1. Mayor
  2. President of the Board
  3. Board Members
  4. City Clerk
  5. Assistant City Clerk
  6. Clerk

3.       PERPETUAL CARE ACCOUNT:  Be It Further resolved that the agents listed below are authorized to sign or otherwise authorize checks, drafts or other payment orders (“instruments”) drawn for payment on the Perpetual Care Account of the City of Rich Hill held at Citizens Bank of Rich Hill, Missouri.

Citizens Bank of Rich Hill, Missouri, is authorized to pay such checks, drafts or other payment orders drawn on the Perpetual Care Account so long as such instruments bear the signature of any listed individuals and such signatures match the signatures on file with Citizens Bank of Rich Hill, Missouri.

  1. Mayor
  2. President of the Board
  3. Board Members
  4. City Clerk
  5. Assistant City Clerk

4.       FUND TRANSFER AGENT:  Be It Further resolved, that any one of the agents listed below (“Fund Transfer Agent”) are authorized to make or verify written, telephonic or verbal requests for the transfer of funds, including wire transfers and ACH debits from the Account to other accounts of the depositor or to third parties; to enter into agreements with Citizens Bank of Rich Hill, Missouri, providing such fund transfers: and to designate other Fund Transfer Agents.

Citizens Bank of Rich Hill, Missouri, is authorized to honor all such fund transfers when given or purported to be given by a Fund Transfer Agent.

  1. Mayor
  2. President of the Board
  3. City Clerk
  4. Assistant City Clerk

5.       CITY INVESTMENT AGENT:  Be It Further Resolved that the City Clerk is designated as the City investment agent and is authorized to buy, sell, assign, transfer and/or deliver any and all securities owned or hereafter acquired by the City of Rich Hill. The City Clerk is authorized to enter into any agreement with Citizens Bank of Rich Hill, Missouri, relating to securities and investments. The City Clerk is authorized to provide Citizens Bank of Rich Hill, Missouri, with instructions regarding the sale, purchase or transfer of any securities held in the name of the City of Rich Hill and to receive communications from Citizens Bank of Rich Hill, Missouri, and sign all documents relating to the securities or investment transactions. The agents listed below are also authorized to sign all documents related to securities and investment transactions.

  1. Mayor
  2. City Clerk

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

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

Read 1st time this 9th day of December 2020.  

Read 2nd time this 9th day of December 2020.

This Ordinance was read, passed, and approved this 9th day of December 2020.   

Attest:

_____________________________                        _______________________                                              

Jason Rich, Mayor                                                Casey Crews, City Clerk                       

Ayes:   Kassner, Humble, Robb, Tourtillott
Nays:  None

CERTIFICATION BY THE CLERK

STATE OF MISSOURI      )

                                        ) ss:

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 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 special meeting on the 9th day of December 2020.

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

 _­­­­____________­­­­­_______________________

Casey Clerk

City Clerk of City of Rich Hill, Missouri

Posted on

1731 Bill 736 Electric

AN ORDINANCE ESTABLISHING RATES, DEPOSITS, INSTALLATION AND DELINQUENCY CHARGES FOR ELECTRICITY PROVIDED BY THE CITY OF RICH HILL AND DISCOUNTS FOR ALL ELECTRIC USAGE

______________________________________________________________________

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

Section 1 – Rates

The rate users shall pay to the City for electricity as listed in the City Fee Schedule.

         The first 20 kilowatt hour                                         See City Fee Schedule

              Next 1480 kilowatt hour                                          See City Fee Schedule

              Next 2000 kilowatt hour                                          See City Fee Schedule

              Next 5000 kilowatt hour                                          See City Fee Schedule

        All kilowatt hour in excess of 8500                          See City Fee Schedule

Section 2 – Billings

All charges for electricity shall be due and payable on the first day of the month following the date of billing.

Section 3 – Delinquent Charges

If charges have not been paid prior to the opening of business hours on the 16th day of each month, the user shall pay to the City a delinquency charge of 10% of the billing.

Section 4 – Extensions

A customer may receive one extension per year on that customer’s utility bill.  The customer shall have an active account with the City for 6 months. A year shall run from January 1st to December 31st.  The customer shall pay 25% of the bill at the time the extension is given and shall pay 25% per week until the bill is paid in full.

If a customer requires more than one extension per calendar year, the customer shall appear before the Board of Aldermen to request the additional extension.

Section 5 – Disconnection of services and fees

  1. Bills for electric service shall be mailed by the first day of the month following the close of the period for which the service was received.  All bills for electric service shall be due and payable on the 15th day of the month. When the 15th day of the month falls on a day that city offices are closed, the bill shall be due on the next business day. Payment must be received by 5:00 p.m. at City Hall.
    1. If the bill remains due and unpaid thereafter, a late charge as listed in the City Fee Schedule will be assessed. Delinquent amounts and late charges shall be due and payable on the 20th day of the month by 5:00 p.m. When the 20th day of the month falls on a day that city offices are closed, the bill shall be due on the next business day.
    2. Delinquent amounts less than the amount listed in the City Fee Schedule will be added to the next regular bill with no further notification and service will not be subject to termination.
    3. If the delinquent bill is not paid by the 20th day of the month, service shall be disconnected without the necessity of notice to the User. An administrative fee listed in the City Fee Schedule will be assessed to the User’s account. Service will only be reinstated upon full payment of the delinquent amount, late charges and administrative fee. Payments received after 3:00 p.m. will be schedule for reconnection on the next business day.
    4. Failure of the User to receive a service bill shall not excuse the User from his, her or its obligation to pay for the water used when the bill is prepared. 
    5. The Owner, its agents or employees shall not suffer any liability for any damage resulting to the User or any property of the User or the landowner of the property occupied by the User. The Owner, its agents and employees shall not be liable to the User or the landowner for any property used, held, occupied, rented or leased by the User when disconnection is made according to these Rules and Regulations, and it shall be immaterial that notice of such disconnection was not given to the User or to the property owner.
    6. The City shall adopt the National Electrical Code of 1999 (NEC 1999).  The City Superintendent shall disconnect services or send a written violation notice for unsafe or improper service connections in compliance with the NEC1999.  The violation letter shall provide the customer a reasonable amount of time to comply with the requirements specified in the letter.  Each case may vary due to the cause of non-compliance.  The Board shall approve any non-compliance that takes longer than 60 days to meet the requirements set forth in the letter.

Section 6 – Meter Readings

The City shall read each meter every month on the 15th day of the month or the closest working day to the 15th.  If the meter reader cannot get to the meter for any reason, the following steps shall be followed:

  1. The first time the meter reading shall be estimated, and the user shall receive a letter stating the problem.
  • The second time the meter reading shall be estimated, the user shall pay per the City Fee Schedule. The user shall receive a letter stating the problem.
  • The third time, services shall be disconnected and shall remain disconnected until the problem is resolved and all fees for disconnection have been paid.  The refusal to permit inspection, maintenance, replacement or meter reading shall be a risk to the health and safety of the occupant and city.

Section 7 – Installation Fees

Connection fee                                               See City Fee Schedule

New 100 amp service                                     See City Fee Schedule                        New 200 amp service                                     See City Fee Schedule          

An additional pole                                          See City Fee Schedule          

Upgrade in service from 100-amp service

to 200-amp service will be same.                   See City Fee Schedule

Any service larger than a 200-amp                See City Fee Schedule           

single phase

            Moving a pole from one location to              See City Fee Schedule           

            Another location 

  1. Single phase service:

The City shall install electric service from its distribution lines to the meter on the property abutting the distribution lines in so far as its current financial responsibilities, obligations and conditions shall permit; the charge for services to be paid to the City shall be the amount specified in these Rules and Regulations or as otherwise provided by the City, but in no event shall it be less than the cost to the City.

2. Upgrading a service or a new service larger than 1 phase:

The customer shall pay for the cost of the materials, minus the cost of the meter, plus amount listed in the City Fee Schedule. After the service has been in operation for 90 days, the customer shall receive a credit for the cost of the materials, minus the cost of the meter, on their monthly billing in equal installments not to exceed amount listed in the City Fee Schedule.

3. Businesses requiring a 3-phase transformer:

The customer shall pay for the cost of the transformer prior to ordering.  The City shall install the transformer.  After the business has been in operation for 90 days, the customer shall receive a credit for the cost of the transformer on their monthly utility bill in 12 equal installments.  The City shall assume ownership and maintenance of the transformer.  The City shall pay the cost of a replacement transformer in case of transformer failure.

Section 8 – Deposits  – The deposit section will take effect on October 25, 2016.

1.         Before services are connected, each customer shall complete a Rich Hill Customer Utility Application form that shall be submitted to the ONLINE UTILITY EXCHANGE reporting service.

2.         A fee, as listed in the City Fee Schedule, per applicant shall accompany the Customer Utility Application

3.         Upon the basis of the report from the ONLINE Utility Exchange, the required deposit shall be as follows:

            Green                          See City Fee Schedule

            Yellow                                    See City Fee Schedule

            Red                              See City Fee Schedule

4.         When a deposit is established at Yellow or Red a customer with active service may provide a 24 or 60 month history. Upon review by the office staff, customers with no late payments in the most recent 24 month period; or no shut off in the last 60 months and no more than two late fees in the most recent 12 months would move one up one level on the deposit tier. Additionally, customers with no late fees in the most recent five years would move to Green on the deposit tier.

5.         When electric service is discontinued, at the request of the user or for delinquency in payment, the deposit for service shall be applied first to any delinquency charges owed to the City; the balance, if any, shall be refunded to the customer.

Section 9 – Services

  1. Electric services shall be provided only to the individual that signs the original work order or to the owner of a business or industry.  Services shall not be provided to anyone whose immediate household includes a member who has an unpaid bill.
  2. Any person having an unpaid bill with the City shall not obtain utilities service by means of misrepresentation or by making application in the name of another family member or household member.  If any person should obtain services in this manner, then the past bill shall become due and payable immediately, and the balance due shall be added to the customer’s next monthly utility bill.  An unpaid bill is any account of indebtedness owed to the City for utility services that has not been paid or satisfied within 60 days. If it is found that any person having an unpaid bill moves to a residence receiving services, a letter shall be sent with a payment plan. The plan shall state that payment arrangements on delinquent accounts $500 or less shall be paid in full within 90 days and over $500 shall be paid in full within 6 months from the date of the letter. Payments shall be made in equal amounts every month. If a payment is missed, services shall be disconnected at the current residence.

Section 10 – All-electric Service Discount

1.         The City shall offer a discount on the electricity used by customers, provided that electricity is the only source of energy used.

2.         A discount as listed in the City Fee Schedule shall be permitted

3.         Any customer eligible for this discount shall make an application at City Hall stating the name of the business, if applicable, the name of the owner(s) and the location.  The applicant(s) shall also attest that the energy used by the customer is totally electric.

4.         When the customer has an alternate source of energy available for emergency backup such as an electrical power outage, the alternate energy source shall be stated in the application for the discount.

5.         When a discount is given to a customer in error and the customer used another source of energy in addition to electricity, then the customer shall reimburse the City for the discount received.

6.         If there are any other special conditions or considerations not already addressed in previous Sections of this ordinance, the applicant shall state such in the application for the discount. 

7.         The City Superintendent or his designated employee shall inspect the residence, and if no discrepancies are found, the discount shall be applied in the next billing cycle.

8.         If the discount is approved, the new rates shall be as follows:

      The first 50 kilowatt hour                               See City Fee Schedule

           Next 1480 kilowatt hour                                 See City Fee Schedule

           Next 2000 kilowatt hour                                 See City Fee Schedule

           Next 5000 kilowatt hour                                 See City Fee Schedule

     All kilowatt hour in excess of 8500                See City Fee Schedule

A minimum monthly charge to a customer shall not be less than the amount listed in the City Fee Schedule.

Section 11 – Security Lights

1.         A customer may request a security light for their property for the among listed in the City Fee Schedule.

2.         The customer shall pay the City the amount listed in the City Fee Schedule.

Section 12 – Work Meters

If a customer has an existing account with the City, the customer may receive a two-week work meter to perform any necessary work to the house or the property.  The fee for the work meter is listed in the City Fee Schedule. A customer shall only have 2 work meters per year.

 Section 13 – Test Meters

If a customer feels their meter is reading inaccurately, the City shall provide the customer a new meter if the customer pays the charges for testing the current meter or the customer pays the fee listed in the City Fee Schedule for the installation of a logger on the meter.  The customer shall pay the current cost of the meter testing or the logger fees before the new meter or logger will be installed.  If the test findings show the meter has been running incorrectly by at least 1%, the testing costs shall be refunded to the customer. 

All ordinances or parts of ordinances in conflict with the provisions of 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]

First reading on this 10th day of February 2021

Second reading on this 10th day of February 2021

PASSED THIS 10TH DAY OF FEBRUARY 2021

____________________________________

Jason Rich, Mayor                                         

ATTEST:

___________________________________             

Casey Crews, City Clerk

Ayes:  Kassner, Robb, Tourtillott, Humble

Nays:  None

[i] For informational purposes, this Ordinance replaces the following:  Ordinance 170, enacted January 8th, 2020; Ordinance 1678, enacted December 12th, 2018; Ordinance 1663, enacted December 12th, 2017: which replaced Ordinance 1640, enacted March 14th, 2017, which replaced Ordinance 1631, enacted December 13, 2016: which replaced Ordinance No. 1619, enacted September 27, 2016: which replaced Ordinance No. 1608, enacted on July 26, 2016; Ordinance No. 1530, enacted on February 8, 2016; which replaced Ordinance No. 1511, enacted on May 26, 2015; which replaced Ordinance No. 1426, enacted on October 28, 2014; which replaced Ordinance No. 1391, enacted on February 28, 2013; which replaced Ordinance No. 1350, enacted on June 22, 2010; which replaced Ordinance No. 1338, enacted on June 9, 2009; which replaced Ordinance No. 1333, enacted on March 24, 2009; 1309, enacted on April 22, 2008; which replaced Ordinance No. 1291, enacted on July 24, 2007; which replaced Ordinance No. 1277, enacted on November 14, 2006; which replaced Ordinance No. 1274, enacted on October 10, 2006; which replaced Ordinance No. 1260, enacted on March 28, 2006; which replaced Ordinance No. 1255, enacted on January 24, 2006; which replaced Ordinance No. 1247, enacted on October 11, 2005; which replaced Ordinance No. 1215, enacted on June 22, 2004; which replaced Ordinance No. 1154, enacted on October 8, 2002 (changed electric rates); which replaced Ordinance No. 1137, enacted on October 23, 2001; which replaced Ordinance No. 1134, enacted on September 25, 2001(changed all electric discount rate); which replaced Ordinance No. 1063, enacted on November 26, 1996 (Electric Utility Commission contract adopted); which replaced Ordinance No. 1061, enacted on September 10, 1996 (changed all electric discount rate); which replaced Ordinance No. 1042, enacted on March 28, 1995 (changed all electric rate discount); which replaced Ordinance No. 1005, enacted on October 22, 1991 (changed electric rates); which replaced Ordinance No. 0998, enacted on June 26, 1990 (provided for use of electric meters); which replaced Ordinance No. 0995, enacted on December 28, 1989 (prohibited tampering with electric meters); which replaced Ordinance No. 0931, enacted on October 9, 1984 (established electric distribution line east of the City); which replaced Ordinance No. 0902, enacted on July 28, 1981 (changed electric rates); which replaced Ordinance No. 0746, enacted on June 25, 1969 (adopted National Electric Code); which replaced Ordinance No. 0725, enacted on June 26, 1968 (changed electric rates); which replaced Ordinance No. 0712, enacted on February 14, 1967 (changed electric rates); which replaced Ordinance No. 0697, enacted June 11, 1963 (established discount rate for all electric); which replaced Ordinance No. 0694, enacted on March 13, 1962 (changed electric meter deposits); which replaced Ordinance No. 0691, enacted on September 22, 1959 (changed electric rates); which replaced Ordinance No. 0654, enacted on April 16, 1947 (City authorized to cut and trim trees and brush from streets, alleys that interfered with electric lines); which replaced Ordinance No. 0631, enacted on December 26, 1939 (amended art.1, chapter XV of electric light plant) ; which replaced Ordinance No. 0606, enacted on September 22, 1931 (amended art.1, chapter XV of electric light plant); which replaced Ordinance No. 0507, enacted on March 1, 1923 (changed electric rates); which replaced Ordinance No. 0477, enacted on November 1, 1920 (changed electric rates); which replaced Ordinance No. 0452, enacted on May 15, 1918 (repealed Section 9 of Ordinance No. 0410); which replaced Ordinance No. 0410, enacted on February 15, 1913 (established electric light plant).