1671 Bill No 673 Net Metering

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING THE NET METERING OF ELECTRICITY.

WHEREAS, it is in the best interests of the City of Rich Hill (the “City”) and the citizens of Rich Hill to properly regulate the City’s electric supply infrastructure to ensure that it remains safe, reliable, and cost effective; and

WHEREAS, because the City is required by law to allow the net metering of electricity, as defined below, it must regulate the practice to ensure that the City’s electric supply infrastructure remains safe, reliable, and cost effective.

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

Section 1:        Definitions

  1. Avoided fuel cost: The current average cost of fuel for the City.
  2. Customer-generator: The owner or operator of a qualified electric energy generation unit which:
    1. is powered by a renewable energy resource;
    2. has an electrical generating system with a capacity of not more than one hundred (100) kilowatts;
    3. is located on a premises owned, operated, leased, or otherwise controlled by the customer-generator;
    4. is interconnected and operates in parallel phase and synchronization with a retail electric supplier and has been approved by said retail electric supplier;
    5. is intended primarily to offset part or all of the customer-generator’s own electrical energy requirements;
    6. meets all applicable safety, performance, interconnection, and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, the Federal Energy Regulatory Commission, and the City; and
    7. contains a mechanism that automatically disables the unit and interrupts the flow of electricity back onto the supplier’s electricity lines in the event that service to the customer-generator is interrupted.
  3. Net metering: Using metering equipment sufficient to measure the difference between the electrical energy supplied to a customer-generator by a retail electric supplier and the electrical energy supplied by the customer-generator to the retail electric supplier over the applicable billing period.

Section 2:        Duties and responsibilities of the City.

  1. The City shall make net metering available to customer-generators on a first-come, first-served basis until the total rated generating capacity of net metering systems equals five (5) percent of the utility’s single-hour peak load during the previous year, after which the City may increase the total rated generating capacity of net metering systems to an amount above five (5) percent. However, in a given calendar year, the City shall not be required to approve any application for interconnection if the total rated generating capacity of all applications for interconnection already approved to date by said supplier in said calendar year equals or exceeds one (1) percent of the City’s single-hour peak load for the previous calendar year.
  2. The City shall offer to the customer-generator a tariff or contract that is identical in electrical energy rates, rate structure, and monthly charges to the contract or tariff that the customer would be assigned if the customer were not an eligible customer-generator but shall not charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge that would not otherwise be charged if the customer were not an eligible customer-generator.
  3. The City shall disclose annually the availability of the net metering program to each of its customers with the method and manner of disclosure to be determined by the City.

Section 3:        Duties and responsibilities of customer-generators.

  1. A customer-generator’s facility shall be equipped with sufficient metering equipment that can measure the net amount of electrical energy produced or consumed by the customer-generator. If the customer-generator’s existing meter equipment does not meet these requirements or if it is necessary for the City to install additional distribution equipment to accommodate the customer-generator’s facility, the customer-generator shall reimburse the City for the costs to purchase and install the necessary additional equipment.  At the request of the customer-generator, such costs may be initially paid for by the City, and any amount up to the total costs and a reasonable interest charge may be recovered from the customer-generator over the course of up to twelve (12) billing cycles.  Any subsequent meter testing, maintenance, or meter equipment change necessitated by the customer-generator shall be paid for by the customer-generator.
  2. Each qualified electric energy generation unit used by a customer-generator shall meet all applicable safety, performance, interconnection, and reliability standards established by the City, the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories for distributed generation.
  3. A customer-generator’s system shall contain a switch, circuit breaker, fuse, or other easily accessible device or feature located in immediate proximity to the customer-generator’s metering equipment that would allow a utility worker the ability to manually and instantly disconnect the unit from the City’s electric distribution system;
  4. For systems of ten (10) kilowatts or less, a customer-generator whose system meets the standards and rules under subsections 1-3 of this section shall not be required to install additional controls, perform or pay for additional tests or distribution equipment, or purchase additional liability insurance beyond what is required in subsection 1-3.
  5. For customer-generator systems of greater than ten (10) kilowatts, customer-generators shall:
    1. abide by and pay for all recommendations from the City’s engineering and electrical staff and consultants for the installation, operation, and maintenance of the system, as they relate to the safety, performance, and reliability of the system; and
    2. acquire and provide proof of liability insurance in an amount not less than one hundred thousand dollars ($100,000) that provides for coverage of all risk of liability for personal injuries (including death) and damage to property arising out of or caused by the operation of the customer-generator’s system; said proof must be provided to the City on an annual basis.
  6. Prior to the interconnection of a net metering system, the customer-generator shall furnish the City a certification from a qualified professional electrician or engineer that the installation of said system meets the requirements of this Ordinance; said certification shall be on a form provided by the City. In addition, the City may require an inspection by a City engineer, the cost of which may be charged to the customer-generator.

Section 4:        Calculation of net electrical energy measurement.

  1. For a customer-generator, the City shall measure the net electrical energy produced or consumed during the billing period in accordance with normal metering practices for customers in the same rate class, either by employing a single, bidirectional meter that measures the amount of electrical energy produced and consumed, or by employing multiple meters that separately measure the customer-generator’s consumption and production of electricity.
  2. If the electricity supplied by the City exceeds the electricity generated by the customer-generator during a billing period, the customer-generator shall be billed for the net electricity supplied by the supplier in accordance with normal practices for customers in the same rate class.
  3. If the electricity generated by the customer-generator exceeds the electricity supplied by the City during a billing period, the customer-generator shall be billed for the appropriate customer charges for that billing period and shall be credited an amount at least equal to the avoided fuel cost of the excess kilowatt-hours generated during the billing period, with this credit applied to the following billing period.
  4. Any credits granted by this section shall expire without any compensation at the earlier of either twelve months after their issuance or when the customer-generator disconnects service or terminates the net metering relationship with the City.
  5. At the option of the City and upon concurrence from KCP&L (the wholesale generator supplying electric energy to the City), the credit to the customer-generator may be provided by KCP&L.

Section 5:        Applications, documents, and forms for net metering.

  1. Applications by a customer-generator for net metering shall be in a form generally consistent with Exhibit A, which may be amended by the Mayor as needed.
  2. Applications by a customer-generator for net metering shall be accompanied by the plan for the customer-generator’s electrical generating system, including but not limited to a wiring diagram and specifications for the generating unit, and shall be reviewed and responded to by the City within thirty (30) days of receipt for systems ten (10) kilowatts or less and within ninety (90) days of receipt for all other systems.
  3. If an application for interconnection is approved by the City but the customer-generator does not complete the interconnection within one (1) year after receipt of notice of the approval, the approval shall expire and the customer-generator shall be responsible for filing a new application.
  4. Upon a change in ownership of a qualified electric energy generation unit, the new customer-generator shall be responsible for filing a new application with the City. Failure to file a new application within one (1) year shall constitute grounds for the City terminating any agreement entered into under a previously approved application.
  5. The Mayor and City Clerk are authorized to draft and utilize additional documents and forms as may be necessary to carry out the intent of this Ordinance.

Section 6:        Operation of a net metering system prohibited without City’s approval.

  1. No consumer shall connect or operate an electric generation unit in parallel phase and synchronization with the City without written approval from the City that all of the requirements of this Ordinance have been met.
  2. For a consumer who violates this provision, the City may immediately and without notice disconnect the electric facilities of said consumer and terminate said consumer’s electric service.

Section 7:        Liability of third parties.

  1. The manufacturer of any electric generation unit used by a customer-generator may be held liable for any damages to property or person caused by a defect in the electric generation unit of a customer-generator.
  2. The seller, installer, or manufacturer of any electric generation unit who knowingly misrepresents the safety aspects of an electric generation unit may be held liable for any damages to property or person caused by the electric generation unit of a customer-generator.

Section 8:        Ordinance No. 1607 is hereby repealed and replaced by this Ordinance.

Section 9:        The invalidity of any section, clause, sentence or provisions of this Ordinance shall not affect the validity of any other part of this Ordinance that can be given effect without the invalid part or parts.

Section 10:      All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section 11:      This Ordinance shall be in full force and effect from and after its passage and approval.

PASSED by the Board of Aldermen of the City of Rich Hill, Missouri, and APPROVED by the Mayor of Rich Hill, this 12th day of June, 2018.

 

                                                           

Jason Rich, Mayor

ATTEST:                                                                    Ayes: Kassner, Pilcher, Robb

Nays: None

Humble was absent

__________________________

Brittany Schenker, City Clerk

 

CITY OF RICH HILL, MISSOURI

APPLICATION AND AGREEMENT FOR NET METERING

Section 1:        Definitions

  1. Avoided fuel cost: The current average cost of fuel for the City.
  2. Customer-generator: The owner or operator of a qualified electric energy generation unit which:
    1. is powered by a renewable energy resource;
    2. has an electrical generating system with a capacity of not more than one hundred (100) kilowatts;
    3. is located on a premises owned, operated, leased, or otherwise controlled by the customer-generator;
    4. is interconnected and operates in parallel phase and synchronization with a retail electric supplier and has been approved by said retail electric supplier;
    5. is intended primarily to offset part or all of the customer-generator’s own electrical energy requirements;
    6. meets all applicable safety, performance, interconnection, and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, the Federal Energy Regulatory Commission, and the City; and
    7. contains a mechanism that automatically disables the unit and interrupts the flow of electricity back onto the supplier’s electricity lines in the event that service to the customer-generator is interrupted.
  3. Net metering: Using metering equipment sufficient to measure the difference between the electrical energy supplied to a customer-generator by a retail electric supplier and the electrical energy supplied by the customer-generator to the retail electric supplier over the applicable billing period.

Section 2:        Duties and responsibilities of the City.

  1. The City shall make net metering available to customer-generators on a first-come, first-served basis until the total rated generating capacity of net metering systems equals five (5) percent of the utility’s single-hour peak load during the previous year, after which the City may increase the total rated generating capacity of net metering systems to an amount above five (5) percent. However, in a given calendar year, the City shall not be required to approve any application for interconnection if the total rated generating capacity of all applications for interconnection already approved to date by said supplier in said calendar year equals or exceeds one (1) percent of the City’s single-hour peak load for the previous calendar year.
  2. The City shall offer to the customer-generator a tariff or contract that is identical in electrical energy rates, rate structure, and monthly charges to the contract or tariff that the customer would be assigned if the customer were not an eligible customer-generator but shall not charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge that would not otherwise be charged if the customer were not an eligible customer-generator.
  3. The City shall disclose annually the availability of the net metering program to each of its customers with the method and manner of disclosure to be determined by the City.

Section 3:        Duties and responsibilities of customer-generators.

  1. A customer-generator’s facility shall be equipped with sufficient metering equipment that can measure the net amount of electrical energy produced or consumed by the customer-generator. If the customer-generator’s existing meter equipment does not meet these requirements or if it is necessary for the City to install additional distribution equipment to accommodate the customer-generator’s facility, the customer-generator shall reimburse the City for the costs to purchase and install the necessary additional equipment.  At the request of the customer-generator, such costs may be initially paid for by the City, and any amount up to the total costs and a reasonable interest charge may be recovered from the customer-generator over the course of up to twelve (12) billing cycles.  Any subsequent meter testing, maintenance, or meter equipment change necessitated by the customer-generator shall be paid for by the customer-generator.
  2. Each qualified electric energy generation unit used by a customer-generator shall meet all applicable safety, performance, interconnection, and reliability standards established by the City, the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories for distributed generation.
  3. A customer-generator’s system shall contain a switch, circuit breaker, fuse, or other easily accessible device or feature located in immediate proximity to the customer-generator’s metering equipment that would allow a utility worker the ability to manually and instantly disconnect the unit from the City’s electric distribution system;
  4. For systems of ten (10) kilowatts or less, a customer-generator whose system meets the standards and rules under subsections 1-3 of this section shall not be required to install additional controls, perform or pay for additional tests or distribution equipment, or purchase additional liability insurance beyond what is required in subsection 1-3.
  5. For customer-generator systems of greater than ten (10) kilowatts, customer-generators shall:
    1. abide by and pay for all recommendations from the City’s engineering and electrical staff and consultants for the installation, operation, and maintenance of the system, as they relate to the safety, performance, and reliability of the system; and
    2. acquire and provide proof of liability insurance in an amount not less than one hundred thousand dollars ($100,000) that provides for coverage of all risk of liability for personal injuries (including death) and damage to property arising out of or caused by the operation of the customer-generator’s system; said proof must be provided to the City on an annual basis.
  6. Prior to the interconnection of a net metering system, the customer-generator shall furnish the City a certification from a qualified professional electrician or engineer that the installation of said system meets the requirements of this agreement and the applicable City ordinance; said certification shall be on a form provided by the City. In addition, the City may require an inspection by a City engineer, the cost of which may be charged to the customer-generator.

Section 4:        Calculation of net electrical energy measurement.

  1. For a customer-generator, the City shall measure the net electrical energy produced or consumed during the billing period in accordance with normal metering practices for customers in the same rate class, either by employing a single, bidirectional meter that measures the amount of electrical energy produced and consumed, or by employing multiple meters that separately measure the customer-generator’s consumption and production of electricity.
  2. If the electricity supplied by the City exceeds the electricity generated by the customer-generator during a billing period, the customer-generator shall be billed for the net electricity supplied by the supplier in accordance with normal practices for customers in the same rate class.
  3. If the electricity generated by the customer-generator exceeds the electricity supplied by the City during a billing period, the customer-generator shall be billed for the appropriate customer charges for that billing period and shall be credited an amount at least equal to the avoided fuel cost of the excess kilowatt-hours generated during the billing period, with this credit applied to the following billing period.
  4. Any credits granted by this section shall expire without any compensation at the earlier of either twelve months after their issuance or when the customer-generator disconnects service or terminates the net metering relationship with the City.
  5. At the option of the City and upon concurrence from KCP&L (the wholesale generator supplying electric energy to the City), the credit to the customer-generator may be provided by KCP&L.

Section 5:        Applications for net metering.

  1. Applications by a customer-generator for net metering shall be accompanied by the plan for the customer-generator’s electrical generating system, including but not limited to a wiring diagram and specifications for the generating unit, and shall be reviewed and responded to by the City within thirty (30) days of receipt for systems ten (10) kilowatts or less and within ninety (90) days of receipt for all other systems.
  2. If an application for interconnection is approved by the City but the customer-generator does not complete the interconnection within one (1) year after receipt of notice of the approval, the approval shall expire and the customer-generator shall be responsible for filing a new application.
  3. Upon a change in ownership of a qualified electric energy generation unit, the new customer-generator shall be responsible for filing a new application with the City. Failure to file a new application within one (1) year shall constitute grounds for the City terminating any agreement entered into under a previously approved application.

Section 6:        Application standards.

  1. Application requirements
    1. Applications shall be legible.
    2. All applicable fields will be completely filled out as required. Incomplete applications will be returned.
  2. Installation plan
    1. A legible general site or plan drawing of the installation must be included. Detail architectural or construction drawings are not required.
    2. A legible map of the location must be included. The general location of the installation and the location of the associated meter should be depicted.
  3. Application submittal
    1. Applications will be accepted in hardcopy or electronic PDF format.
    2. Hard-copy applications will only be accepted via mail delivery to:

Rich Hill City Hall

120 N. 7th St.

Rich Hill, MO  64779

  1. Electronic-copy applications shall be submitted in a single file e-mail, presented in PDF format. Unless the file size exceeds e-mail limitations, multiple files will not be accepted.
  2. Electronic-copy applications must be e-mailed to cityclerk@richhillmo.com.
  1. All applications will be processed in the order they are received.

Section 7:        Customer-generator’s information.

  1. Name on electric utility account: ____________________________________________
  2. Electric utility account number: _____________________________________________
  3. Name of contact person: ___________________________________________________
  4. Service address: __________________________________________________________
  5. City: ___________________________________________________________
  6. State: ___________________________________________________________
  7. Zip code: ___________________________________________________________
  8. Mailing address (if different from above): _____________________________________
  9. City: ___________________________________________________________
  10. State: ___________________________________________________________
  11. Zip code: ___________________________________________________________
  12. E-mail address: __________________________________________________________
  13. Phone number: ___________________________________________________________
  14. Fax number: ___________________________________________________________
  15. Emergency contact person: _________________________________________________
  16. Phone number of emergency contact person: ___________________________________

Section 8:        Customer-generator’s system information.

  1. Manufacturer name plate power rating: ________________________________________
  2. Voltage: ________ volts
  3. Inverter/interconnection equipment manufacturer: _______________________________
  4. Inverter/interconnection equipment model number: ______________________________
  5. Inverter/interconnection equipment location: ___________________________________
  6. Outdoor manual/utility accessible and lockable disconnect switch location: ________________________________________________________________________
  7. Certify that the disconnect switch will be located adjacent to the customer-generator’s electric service meter or explain where and why an alternative location of the disconnect switch is being requested: __________________________________________________

________________________________________________________________________

  1. Existing electrical service capacity: ________ amperes, Voltage: ________ volts
  2. Service character: ____ single phase ____ three phase
  3. Total capacity of existing customer-generator system (if applicable): ________ kW
  4. System plans, specifications, and wiring diagram have been attached: ____ yes ____ no

Section 9:        Customer-generator’s system installation information.

  1. Company installing system: _________________________________________________
  2. Contact person of company installing system: __________________________________
  3. Phone number of contact person: _____________________________________________
  4. Contractor’s license number (if applicable): ____________________________________
  5. Approximate installation date: _______________________________________________
  6. Mailing address: __________________________________________________________
  7. City: ___________________________________________________________
  8. State: ___________________________________________________________
  9. Zip code: ___________________________________________________________
  10. Phone number: ___________________________________________________________
  11. Fax number: ___________________________________________________________
  12. E-mail: ___________________________________________________________
  13. Engineer/electrician who will inspect/certify installation: _________________________

Section 10:      Pre-construction installation certification.

The customer-generator’s proposed system hardware complies with all applicable National Electrical Safety Code (NESC), National Electrical Code (NEC), Institute of Electrical and Electronics Engineers (IEEE), and Underwriters Laboratories (UL) requirements for electrical equipment and their installation.  As applicable to system type, these requirements include, but are not limited to, UL 1703, UL 1741 and IEEE 1547. The proposed installation complies with all applicable local electrical codes and all reasonable safety requirements of the City. The proposed system has a lockable, visible AC disconnect device, accessible at all times to City personnel and the switch is located adjacent to the customer-generator’s electric service meter (except in cases where the City has approved an alternate location).  The system is only required to include one lockable, visible disconnect device, accessible to the City.  If the interconnection equipment is equipped with a visible, lockable, and accessible disconnect, no redundant device is needed to meet this requirement. The customer-generator’s proposed system has functioning controls to prevent voltage flicker, DC injection, overvoltage, undervoltage, overfrequency, underfrequency, and overcurrent, and to provide for system synchronization to the City’s electrical system.  The proposed system does have an anti-islanding function that prevents the generator from continuing to supply power when the City’s electric system is not energized or operating normally.  If the proposed system is designed to provide uninterruptible power to critical loads, either through energy storage or back-up generation, the proposed system includes a parallel blocking scheme for this backup source that prevents any backflow of power to the City’s electrical system when the electrical system is not energized or not operating normally

  1. Printed name (installer): ____________________________________________________
  2. Signed (installer): _________________________________________________________
  3. Date: ___________________________________________________________

Section 11:      Additional terms and conditions.

  1. If it appears to the City, at any time, in the reasonable exercise of its judgment, that operation of the customer-generator’s system is adversely affecting safety, power quality, or reliability of the City’s electrical system, the City may immediately disconnect and lock-out the customer-generator’s system from the City’s electrical system. The customer-generator shall permit the City’s employees and inspectors reasonable access to inspect, test, and examine the customer-generator’s system.
  2. This agreement becomes effective upon approval of the customer-generator’s application and when signed by both the customer-generator and the City. The agreement shall be in effect until terminated.  Either party may terminate this agreement by giving the other party at least thirty (30) days prior written notice that the other party is in default of any of the terms and conditions of this Agreement, so long as the notice specifies the basis for termination, and there is an opportunity to cure the default. This agreement may also be terminated at any time by mutual agreement of the customer-generator and the City. This agreement may also be terminated, by approval of the City, if there is a change in Missouri State Statutes that is determined to be applicable to this agreement and necessitates its termination.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

CUSTOMER-GENERATOR

__________________________

(Signature)

By: _______________________

Title: _____________________

Date: _____________________

CITY OF RICH HILL, MISSOURI                                                               

__________________________

Jason Rich, Mayor

Date: _____________________

                                                           

ATTEST:

__________________________

Brittany Schenker, City Clerk

 

APPLICATION DENIED

__________________________

Jason Rich, Mayor

Date: _____________________

Reason for denial:

1673 Bill No 675

AN ORDINANCE ADOPTING AMENDMENTS TO BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 AND APPROPRIATING FUNDS THERETO FOR THE CITY OF RICH HILL, MISSOURI.

______________________________________________________________

WHEREAS, the Mayor has presented to the Board of Alderman an amendment to the budget for the fiscal year beginning on January 1, 2018, and

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

Section 1:  The annual budget he City of Rich Hill, Missouri, for the fiscal year beginning January 1, 2018, and ending December 31, 2018, which was passed by the Board of Alderman shall be amended; a copy of which is attached hereto and made 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.

Section 4:  Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Read two times and passed this 24th day of July 2018

________________________________

Jason Rich, Mayor

Attest:

________________________________

Brittany Schenker, City Clerk

Ayes: Humble, Robb, Pilcher, Kassner

Nays: None

CITY OF RICH HILL7/24/2018  5:39PM    Page 1 

Unposted Budget Revisions

Number  Fiscal      Fiscal          Reason     Line          Account   Increase   Decrease                     Year        Period                            Number   Number

76   2018     7       Budget Amendment  1       21-00-4014       0.00           45,000.00

                                        2       21-09-4010       0.00           23,800.00

                                        3       21-00-4700       0.00             5,500.00

                                        4      21-09-4700        0.00            6,300.00

                                        5       21-00-4460       0.00            2,000.00

                                        6       21-00-4070       0.00            8,000.00

                                        7       21-00-4130    90,000.00             0.00

                                        8       22-00-4010       0.00            3,000.00

                                        9       22-00-4015       0.00           6,000.00

                                        10      22-00-4700       0.00          2,500.00

                                        11      22-07-4010        0.00         10,000.00

                                        12      22-07-4015        0.00           2,000.00

                                        13      22-07-4700       0.00           2,800.00

                                        14      22-00-4130    38,000.00            0.00

                                        15      22-00-5020        0.00        12,000.00
       Totals              128,000.00       128,900.00

Salary Amendments

August 6 through December 31, 2018

2018
Employee
Yearly
Account Number
Percentage
Totals
City Crew
Superintendent
Full Time
 $    46,100.00
06-00-4010
25.0%
$11,525.00
Hours
2080
$20.00
$41,600.00
07-00-4010
4.0%
$1,844.00
OT
150
$30.00
$4,500.00
08-00-4010
5.0%
$2,305.00
09-00-4010
10.0%
$4,610.00
21-00-4010
0.0%
$0.00
21-09-4010
0.0%
$0.00
22-00-4010
0.0%
$0.00
open
22-07-4010
0.0%
$0.00
24-00-4010
25.0%
$11,525.00
25-00-4010
31.0%
$14,291.00
Totals
100.0%
$46,100.00
City Crew
Streets
Full Time
 $    28,383.75
06-00-4010
85.0%
$24,126.19
07-00-4010
0.0%
$0.00
Hours
2080
$13.50
$28,080.00
09-00-4010
0.0%
$0.00
OT
15
$20.25
$303.75
21-09-4010
0.0%
$0.00
22-07-4010
0.0%
$0.00
Scott
24-00-4010
15.0%
$4,257.56
25-00-4010
0.0%
$0.00
Totals
100.0%
$28,383.75
City Crew
Electric Superintendent
Full Time
 $    42,022.50
06-00-4010
0.0%
$0.00
Hours
2080
$19.50
$40,560.00
07-00-4010
0.0%
$0.00
OT
50
$29.25
$1,462.50
08-00-4010
0.0%
$0.00
09-00-4010
0.0%
$0.00
21-00-4010
0.0%
$0.00
Bart
21-09-4010
0.0%
$0.00
22-00-4010
0.0%
$0.00
24-00-4010
0.0%
$0.00
25-00-4010
100.0%
$42,022.50
 
Totals
100.0%
$42,022.50
City Crew
Electric Lineman
Full Time
 $    40,945.00
06-00-4010
0.0%
$0.00
Hours
2080
$19.00
$39,520.00
07-00-4010
0.0%
$0.00
OT
50
$28.50
$1,425.00
08-00-4010
0.0%
$0.00
09-00-4010
0.0%
$0.00
21-00-4010
0.0%
$0.00
Ron
21-09-4010
0.0%
$0.00
22-00-4010
0.0%
$0.00
24-00-4010
0.0%
$0.00
25-00-4010
100.0%
$40,945.00
Totals
100.0%
$40,945.00
City Crew
Electric Lineman
Full Time
 $    32,325.00
06-00-4010
0.0%
$0.00
Hours
2080
$15.00
$31,200.00
07-00-4010
0.0%
$0.00
OT
50
$22.50
$1,125.00
08-00-4010
0.0%
$0.00
09-00-4010
0.0%
$0.00
Jayce
21-00-4010
0.0%
$0.00
21-09-4010
0.0%
$0.00
22-00-4010
0.0%
$0.00
24-00-4010
0.0%
$0.00
25-00-4010
100.0%
$32,325.00
Totals
100.0%
$32,325.00
City Crew
Refuse
Full Time
 $    23,127.50
06-00-4010
0.0%
$0.00
Hours
2080
$11.00
$22,880.00
07-00-4010
0.0%
$0.00
OT
15
$16.50
$247.50
08-00-4010
0.0%
$0.00
09-00-4010
10.0%
$2,312.75
21-09-4010
0.0%
$0.00
Jacob
22-07-4010
0.0%
$0.00
Eligible for a raise after probation
24-00-4010
80.0%
$18,502.00
25-00-4010
10.0%
$2,312.75
Totals
100.0%
$23,127.50
City Crew
Refuse
Full Time
 $    31,537.50
06-00-4010
20.0%
$6,307.50
Hours
2080
$15.00
$31,200.00
07-00-4010
0.0%
$0.00
OT
15
$22.50
$337.50
08-00-4010
0.0%
$0.00
09-00-4010
0.0%
$0.00
Carl
21-09-4010
0.0%
$0.00
22-07-4010
0.0%
$0.00
24-00-4010
80.0%
$25,230.00
25-00-4010
0.0%
$0.00
Totals
100.0%
$31,537.50
City Crew
Parks
Full Time
 $    25,230.00
06-00-4010
0.0%
$0.00
Hours
2080
$12.00
$24,960.00
07-00-4010
75.0%
$18,922.50
OT
15
$18.00
$270.00
08-00-4010
0.0%
$0.00
09-00-4010
0.0%
$0.00
Blake
21-09-4010
0.0%
$0.00
22-07-4010
0.0%
$0.00
24-00-4010
0.0%
$0.00
25-00-4010
25.0%
$6,307.50
Totals
100.0%
$25,230.00
City Crew
Cemetery
Part Time
 $      8,800.00
09-00-4010
100.0%
$8,800.00
Brendan
Hours
880
$10.00
$8,800.00
Totals
100.0%
$8,800.00
City Crew
Seasonal Worker
Part Time
 $      5,120.00
06-00-4010
0.0%
$0.00
Hours
640
$8.00
$5,120.00
07-00-4010
45.0%
$2,304.00
OT
08-00-4010
10.0%
$512.00
09-00-4010
45.0%
$2,304.00
20 hours for 16 weeks
21-09-4010
0.0%
$0.00
22-07-4010
0.0%
$0.00
Bryce
24-00-4010
0.0%
$0.00
25-00-4010
0.0%
$0.00
Totals
100.0%
$5,120.00
$283,591.25
$283,591.25
2017
2018
01-05-4000
01-05-4000
01-05-4020
$0.00
01-05-4020
$0.00
02-00-4010
02-00-4???
02-00-4017
$0.00
02-00-4017
$0.00
03-00-4015
03-00-4015
03-00-4020
03-00-4530
$0.00
03-00-4530
$0.00
05-00-4020
05-00-4020
05-00-4530
$0.00
05-00-4530
$0.00
06-00-4010
$36,710.53
06-00-4010
$41,958.69
06-00-4020
$36,710.53
06-00-4020
$41,958.69
07-00-4010
$23,070.50
07-00-4010
$23,190.79
$23,190.79
07-00-4020
$23,070.50
08-00-4010
$5,542.50
08-00-4010
$2,817.00
08-00-4020
08-00-4020
08-00-4530
$5,542.50
08-00-4530
$2,817.00
09-00-4010
$13,456.21
09-00-4010
$18,026.75
09-00-4020
$13,456.21
09-00-4020
$18,026.75
13-00-4016
$0.00
13-00-4016
$0.00
21-00-4010
21-00-4010
21-00-4014
21-00-4014
21-00-4020
$0.00
21-00-4020
$0.00
21-09-4010
$0.00
21-09-4010
$0.00
22-00-4010
22-00-4010
22-00-4015
22-00-4015
22-00-4020
$0.00
22-00-4020
$0.00
22-07-4015
22-07-4015
22-07-4010
$0.00
22-07-4010
$0.00
24-00-4010
$62,447.26
24-00-4010
$59,514.56
24-00-4020
$62,447.26
24-00-4020
$59,514.56
25-00-4010
$142,383.64
25-00-4010
$138,203.75
25-00-4020
$142,383.64
25-00-4020
$138,203.75
$283,730.93
$283,730.93
$283,591.25
$283,591.25

1672 Bill No 674 Contract with Alliance/Water & Wastewater Operation Agreement

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, AUTHORIZING THE MAYOR OF THE CITY, ON BEHALF OF THE CITY, TO ENTER INTO AN AGREEMENT WITH ALLIANCE WATER RESOURCES, INC, FOR WATER AND WASTEWATER SERVICES; AUTHORIZING THE MAYOR AND OTHER CITY OFFICIALS TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY AND TO TAKE ALL ACTION NECESSARY, TO COMPLETE AND PERFORM SAID AGREEMENT; AND FIXING AN EFFECTIVE DATE

___________________________________________________________

WHEREAS, the City of Rich Hill, Missouri has determined that it has a need for water and wastewater professionals to operate and maintain the water treatment plant, wastewater treatment plant, water distribution, and wastewater collections; and

WHEREAS, the Mayor and the Board of Aldermen have determined that the terms and provisions of the proposed Agreement Between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services by and between the City and Alliance Water Resources, Inc., will serve the interests of the City.

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

SECTION A. The City of Rich Hill, Missouri, shall enter into an Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services by and between the City and Alliance Water Resources, Inc.  A true and accurate copy of the proposed Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services is attached hereto and incorporated herein by reference.

SECTION B. The Mayor and City Clerk are hereby authorized to execute the Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services, on behalf of the City, and the Mayor and other City personnel are authorized to take all action necessary to complete and perform the Agreement Between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services.

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

READ TWO TIMES, PASSED AND APPROVED THIS 12th DAY OF JUNE, 2018.

 

___________________________________              Ayes: Kassner, Pilcher, Robb

Jason Rich, Mayor                                                      Nays: None

Humble was absent

ATTEST:

 

______________________________

Brittany Schenker, City Clerk

 

PROFESSIONAL OPERATING SERVICES

AND MANAGEMENT AGREEMENT

 

THIS AGREEMENT made and entered into as of this _____ day of _______________ 20_____ (hereinafter referred to as the “Agreement”) by and between the CITY OF RICH HILL, 120 N. 7th Street, Rich Hill, Missouri, 64779 (hereinafter referred to as the “City”) and ALLIANCE WATER RESOURCES, INC., a Missouri corporation (hereinafter referred to as “Alliance”).

 

WITNESSETH:

 

WHEREAS, Alliance is engaged in the business of providing management, operation and maintenance services for public water supply, treatment plant and distribution systems and wastewater collection and treatment systems; and

 

WHEREAS, the City owns a public utility system and is engaged in providing water and sewer service in certain areas in and around the City of Rich Hill, Missouri; and

 

WHEREAS, the City desires to retain Alliance to perform management, operation, and maintenance services in accordance with the terms and conditions of this Agreement;

 

NOW THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt of which hereby is acknowledged, the City and Alliance hereby agree as follows:

 

  1. INTRODUCTION

 

1.1       The foregoing recitals are adopted as part of this Agreement.

 

1.2       This Agreement shall supersede and nullify, as of the effective date hereof, any and all prior agreements, amendments to agreements offers, service fees, quotations, and estimates between the parties with respect to the management, operation and maintenance of the City’s Utility System (as that term is defined herein).

 

1.3       This Agreement, including any and all Appendices, Addenda, and Amendments hereto, constitutes the entire Agreement between the City and Alliance with respect to the management, operation and maintenance of the City’s Utility System.

 

  1. DEFINITIONS

 

2.1       “Base Fee” shall mean direct cost plus administrative overhead expense, and management fee. Direct cost shall include labor, materials, supplies, equipment, subcontractor expense or operating expense of any kind necessary to operate and maintain the City’s System in accordance with the Scope of Services as defined in this Agreement.

 

2.2       “Benefit Plans” shall mean employee benefit programs such as                                 health insurance, group life insurance, and paid vacation periods                              normally included as part of Alliance’s employees’ overall                                             compensation package.

 

2.3       “Capital Expenditures” shall mean any expenditure for                                                equipment items, the installation of which materially extends                                              service life, or for replacements, or which are considered capital                           expenditures in accordance with generally accepted accounting                                   principles, or which are non-routine types of expenditures on                                      an annual basis, or expenditures which the City has planned or                                 budgeted as capital expenditures.

 

2.4       “Certified Operators” shall mean water and/or wastewater systems                           operation personnel who have met the applicable licensing                                              requirements of the State of Missouri.

 

2.5       “Chemical Limit” is defined as the total dollar amount that Alliance will be responsible for in a twelve-month period relating to Chemical Expenditures.  The City is responsible for all such expenditures that exceed the Chemical Limit.  If chemical costs are less than the annual Chemical Limit, Alliance will refund to the City the difference.

 

2.6       “City’s Utility System” shall mean the facilities owned by the City including additions, replacements and improvements to such systems as described in Section 3 of this Agreement.

 

2.7       “Customer” is defined as any person, persons, firm, corporation or partnership using or allowing the use of water and/or sewer service(s) provided by the City.

 

2.8       “Duly Authorized Representative” shall mean such person,                                        designated by either party by written notice to the other, as specific                           representative of the designating party in connection with                                      performance of this Agreement.

 

2.9       “Equipment, Vehicle or Facility Repair Expenditures” shall mean those Operating Expenditures for labor, materials and subcontractors incurred by Alliance to perform those non-routine or non-repetitive activities required for operational continuity, safety and performance and which generally arise upon failure of equipment, a vehicle, or the facility, or some component thereof.

 

2.10    “Maintenance Expenditures” shall mean those Operating                                            Expenditures incurred by Alliance to perform routine or repetitive                               activities required or recommended by the equipment or plant item                                manufacturer, or Alliance, to maximize the service life of the                                          equipment or plant item.

 

2.11    “Operating Expenses” shall mean costs of every kind and nature that Alliance shall determine necessary to pay or to become obligated to pay because of, or in connection with, the management, operation and maintenance of the City’s Utility System.

 

2.12    “Repair Limit” is defined as the total dollar amount that Alliance will be responsible for in a twelve-month period relating to Maintenance Expenditures and Equipment, Vehicle or Facility Repair Expenditures. The City is responsible for all such expenditures that exceed the Repair Limit.  If repair costs are less than the annual Repair Limit, Alliance will refund to the City the difference.

 

2.13    “Utility Services” means the provision by the City of water and/or sewer services to its customers.

 

 

  1. CITY’S UTILITY SYSTEM

 

3.1       The City’s Utility System to be managed, operated and maintained by Alliance shall consist of the water pumping, water treatment, wastewater treatment, water distribution, and sewer collection, facilities owned by the City including but not limited to water treatment plant, wastewater treatment plant, water intake, water reservoir, water distribution, collection system, and lift stations.  It shall also include additions, replacements, and improvements to such systems.

 

3.2       The City’s Utility System shall include all physical property, whether real, personal, or mixed, comprising such systems, as well the land thereunder owned or leased by the City or other city or municipal owned water or wastewater system contracting with the City for services and easements and rights of way.

 

  1. OWNERSHIP

 

4.1       The City’s Utility System shall remain the property of the City.

 

4.2       All additions, replacements and improvements to the City’s Utility System, and extensions thereof, shall be and remain the property of the City as installed.

 

  1. SCOPE OF SERVICES

 

5.1       Subject to the terms and conditions of this Agreement, Alliance shall provide all management, operation and maintenance services and shall bear the cost of such operating services as necessary to enable the City to provide adequate Utility Services to its customers, and to conduct the general business of the City.

 

5.2       Within the design capacity and capability of the City’s Utility System, Alliance shall operate and maintain the City’s Utility System to meet the requirements of the Missouri Department of Natural Resources, and any other governmental entity or agency having regulatory control over the City’s Utility System.

 

5.3       All services hereunder shall be in accordance with sound management, accounting and engineering principles and the law.

 

5.4       Alliance shall not be responsible for payment of extraordinary utility system and equipment maintenance, repair or replacement expenses.

 

Extraordinary expenses shall be defined as costs in excess of the maximum annual Repair Limit as specified herein.  In addition, any individual project repair costs in excess of $1,000 shall be considered extraordinary.

 

In the event that any extraordinary expenses should occur, the City shall be promptly notified and shall be provided with an accounting of such expenses.  Any extraordinary expenses must be approved by the City in advance and payment thereof shall be the responsibility of the City.

 

5.5       Alliance shall maintain documentation of routine maintenance. A duly authorized representative of the City shall have the right to inspect these records during regular business hours.  Maintenance shall not include repair resulting from flood, fire or other extraordinary occurrences customarily not encountered in the operation and maintenance of the City’s Utility System.

 

5.6       Except as stated in Section 5.7, Capital Expenditures are not included in the scope of Alliance’s services under this Agreement.  All capital expenditures shall be the responsibility of the City, and if to be performed by Alliance, shall be the subject of a separate agreement and paid for by the City.

 

5.7       Notwithstanding Section 5.6, Alliance shall make emergency Capital Expenditures if such expenditures are necessary to continue operation of the City’s Utility System so as to provide adequate service, and prior approval of Utility reasonably cannot be obtained.  The City shall reimburse Alliance for such emergency Capital Expenditures in accordance with Section 7.

 

5.8       Alliance shall not be responsible for payment of any elected or appointed officials’ compensation.

 

5.9       The following expenditures are specifically excluded from Alliance’s scope of work and payment obligations:

 

a. Capital Expenditures, except those described in Section 5.7

b. Changes in scope of work which would have the effect of increasing Alliance’s payment obligations, except as otherwise mutually agreed upon by Alliance and the City.

c. Flood and fire damages.

d. Property damage, liability and directors’ liability insurance.

e. The City’s expenses including electric, gas, telephone, water and sewer, SCADA, circuit communications and alarm expenses.  (Cell phone and internet expenses excluding those related to SCADA are included in Alliance’s Base Fee.)

f. Excavations and repairs made by contractors for extraordinary or routine maintenance of mains and appurtenances.

g. Professional services including but not limited to legal, accounting and design engineering services.

h. Maintenance and repair services necessary to restore newly acquired facilities to reasonable operating condition.

i. Personal property or other taxes.

j. Extraordinary maintenance repair or equipment replacement expense as specified in Section 5.4 or as otherwise provided for in the annual utility budget.

k. Wholesale treatment charges or water purchase expenses.

l. All office and field services building expense including but not limited to rent, utilities and maintenance expense.

5.10    Alliance will staff the City’s Utility System with sufficient numbers of State water and wastewater Certified Operators experienced in the City’s Utility System operation and maintenance to meet regulatory requirements.

 

5.11    Alliance has the right to use subcontractors and consultants to                                   satisfy its obligations under this Agreement.

 

5.12    The City at any time may request Alliance to perform additional services which are outside the Scope of Services under this Agreement.  Alliance shall invoice such services to the City at actual cost plus 10%. The City shall pay such invoices in accordance with Section 7.

 

5.13    Alliance shall prepare and provide a monthly operations report, meet and discuss report with the City or duly authorized representative when requested.

 

5.14    Alliance shall develop and prepare annual Consumer Confidence Reports for the City to distribute to customers in accordance with MDNR regulations.

 

5.15    Alliance shall direct the work of any of the City’s real estate and easement acquisition agents, work cooperatively with the City’s engineers and Legal Counsel for the purposes of obtaining water and sewer easements, property acquisitions and other real estate needs as determined necessary by the City.

 

5.16    Alliance shall develop and prepare annual budgetary proposals and recommendations for the City’s consideration.

 

5.17    Alliance shall prepare or assist in the preparation of governmental, official and customer correspondence including monthly, quarterly or annual reports, develop and prepare press releases, provide other information and educational materials as deemed necessary or appropriate to help perform the City’s public purpose.

 

5.18    Alliance shall be responsible for the feeding and watering of the animals held in the City’s dog pound and the cleaning of the kennels. The City shall provide for all feed and supplies used for these tasks.

 

 

  1. COMPENSATION

 

6.1       The City shall pay Alliance a Base Fee of $385,000.00 per year ($32,083.33 per month) for services rendered as described in the Agreement for the first full year of service beginning January 1, 2019 and ending December 31, 2019. The Base Fee for the first full year of service includes a $20,000.00 Repair Limit and a $45,000.00 Chemical Limit as described in this agreement.

 

The City shall pay Alliance a prorated Base Fee of $160,416.65 ($32,083.33 per month) for services rendered as described in the Agreement for the period starting August 1, 2018, and ending December 31, 2018.  The prorated Base Fee includes a $8,333.00 Repair Limit and a $18,750.00 Chemical Limit.

 

 

 

6.2       The Base Fee, Repair Limit, and Chemical Limit shall be subject to renegotiation at the end of the first year of service and annually thereafter and thus may be revised with the written consent of both parties.  In the event that the parties fail to agree, the Base Fee, Repair Limit, and Chemical Limit shall be adjusted in proportion to the change in the Consumer Price Index for all urban consumers (U.S. City Average) in the most recent twelve (12) month period prior to the time of renegotiation as published by the U.S. Department of Labor. Such increase shall not be less than 3% and not more than 8% unless otherwise agreed upon.

 

6.3       The Base Fee, Repair Limit, and Chemical Limit shall be subject to renegotiation due to any substantial change in the costs of the City’s Utility System operation and maintenance, including but not limited to changes in flow, customer accounts, monitoring or reporting requirements, personnel or staffing requirements, or increased costs due to Force Majeure occurrences.

 

6.4       In the event that a change in the Scope of Services provided by Alliance occurs, and is mutually agreed upon with the City, Alliance and the City will negotiate a commensurate adjustment in compensation.  All compensation adjustments resulting from changes in the Scope of Services provided by Alliance shall be retroactive to the date the new or increased level of service is first provided.

 

  1. PAYMENT OF COMPENSATION

 

7.1       The compensation described in Section 6 shall be payable monthly and shall be due and payable on the first of the month for which services were rendered.

 

7.2       All other compensation due to Alliance from the City shall be due upon receipt of Alliance’s invoice and payable within thirty (30) days.

 

7.3       The City shall pay interest at the rate of nine percent (9%) per annum on compensation not paid when due, or payments of invoices not paid within thirty (30) calendar days.  Interest shall commence on the due date.

 

  1. INDEMNITY, LIABILITY AND INSURANCE

 

8.1       Alliance shall indemnify, save harmless and defend the City and its officers, employees, and agents from any and all claims, liabilities, penalties, fines, forfeitures, suits and costs and expenses incident thereto, including reasonable attorneys’ fees, which the City may incur, pay in settlement, or become responsible for as result of death or bodily injury to any person, damage to any property, adverse effects on the environment, or violation of any law arising out of or relating to Alliance’s material breach of any term of this Agreement, or any negligent or willful act or omission of Alliance, its employees, or subcontractors in the performance of this Agreement.

 

The City shall, to the extent permitted by law and without any waiver of sovereign immunity, indemnify, save harmless and defend Alliance from any and all claims, liabilities, penalties, fines, forfeitures, suits and costs and expenses incident thereto, including reasonable attorney’s fees, which Alliance may incur, pay in settlement, or becoming responsible for as a result of death or bodily injury to any person, damage to any property, adverse effects on the environment, or violation of any law arising out of or relating to the City’s material breach of any term of this Agreement, or any negligent or willful act or omission of the City, its employees, or subcontractors in the performance of this Agreement.

 

The City and Alliance shall each provide the other with prompt and timely written notice of any event or proceeding of which either acquires knowledge and for which indemnification may be sought so that each shall have any opportunity which exists to take such actions as may be desirable to contain or minimize the consequences of any such event or proceeding and to defend or settle at such party’s expense any such proceeding.

 

8.2       Alliance shall be liable for fines or civil penalties imposed by regulatory agencies for violation of the City’s NPDES permits or rules or regulations of the Missouri Department of Natural Resources or the United States Environmental Protection Agency which occur during the term of this Agreement and which were caused by Alliance’s negligence or willful conduct.  Alliance shall be given full authority to contest such violations and the City shall assist Alliance in such proceedings.  Except to the extent caused by Alliance’s negligence, willful conduct, or breach of its obligations under this Agreement, Alliance shall not be responsible for fines or penalties or any other liability if influent characteristics exceed Facility design parameters, influent contains biologically toxic substances, source water contains non-treatable substances or the Facility is inoperable due to circumstances beyond Alliance’s control (See Exhibit B).

 

8.3       Alliance’s liability under this Agreement specifically excludes any and all indirect or consequential damages arising from the operation, maintenance, and management of the Facility. Alliance shall not be responsible for damages caused by any defects or flaws inherent in the City’s Utility System as it exists prior to Alliance beginning operations.  Additionally, Alliance shall not be responsible for such damages in the event that Alliance has notified the City of any defects and the City fails to authorize appropriate corrective action.  Alliance and the City agree that throughout the life of this Agreement any and all damage claims related to the City’s Utility System shall continue to be processed and resolved in accord with the City’s current practice.

 

8.4       Each party shall obtain and maintain insurance coverage of a type and in amounts described in Exhibit A.  Each party, to the extent permitted by law, shall name the other party as an additional insured on all insurance policies covering the Facility and shall provide the other party with satisfactory proof of insurance upon written request.

 

  1. TERM AND TERMINATION

 

9.1       This Agreement shall become effective on August 1, 2018, and shall remain in effect through December 31, 2023, subject to annual appropriation of funds by the City. If the City appropriates funds for operation and/or maintenance of the City’s Utility System this Agreement shall remain in force and effect.

 

9.2       This Agreement shall be automatically renewed for successive terms of one (1) year each unless notice of cancellation is given by either party no less than ninety (90) days prior to date of expiration.

 

9.3       This Agreement may be terminated by either party for breach of contract terms by the other.  Such right of termination shall be in addition to any other claims or remedies either party may have against the other at law or in equity.

 

9.4       Such termination shall be effected as follows:  The party declaring a breach shall give the other written notice of the breach and sixty (60) days from the date of notice to cure.  In the event the other party fails to cure within that period, the party serving notice may elect to terminate and shall give written notice of its election to terminate effective not more than ninety (90) days after the date of the notice of election to terminate.

 

9.4       If a breach is claimed by Alliance over a disputed invoice or payment, Alliance will, at the City’s option, continue to perform under the Agreement subject to resolution of the dispute by a court or agency of competent jurisdiction, provided either party initiates such action within the sixty (60) day cure period.

 

  1. LABOR DISPUTES

 

10.1    In the event labor stoppages by employee groups or unions (i.e., picketing) cause a disruption in Alliance’s employees entering and working on the City’s Utility System, Alliance, at its own option, may seek appropriate injunctive court orders or temporary, additional, qualified personnel.  During the labor dispute, Alliance shall operate the City’s Utility System on a best efforts basis until labor relations are normalized.

 

  1. EXTRAORDINARY CIRCUMSTANCES

 

11.1    Neither party shall be liable for its failure to perform its obligations under this Agreement if performance is made extraordinarily difficult, or costly, due to any unforeseeable occurrences beyond its reasonable control, including, but not limited to, fire, abnormal flooding, riot, war, sabotage, governmental laws, ordinances, rules or regulations, except that Alliance will be responsible for failure to perform as a result of governmental action based on Alliance’s failure to comply with rules, regulations and laws pertaining to the City’s Utility System; inability to obtain electricity or other type of power, cessation of transportation, and other similar contingencies.

 

11.2    The party claiming inability to perform hereunder shall notify the other party immediately by verbal communication and in writing by certified mail, return receipt requested, of the nature and extent of the contingency within fourteen (14) days after its occurrence.

 

11.3    A declaration of inability to perform under this contract by either party does not relieve the parties from obligations not affected by the conditions claiming inability under this provision of the Agreement.

 

 

  1. FUTURE CONSTRUCTION

 

12.1    Alliance, along with the City and the City’s designated Consulting Engineering firm, will work together to maintain accessibility and minimize disruption and outages to the existing City’s Utility System when future improvements are under construction.

 

12.2    Alliance will work with the City and the City’s consulting engineer(s) and contractor(s) to coordinate activities.  In the event a critical piece of equipment or plant must be taken out of service, a plan shall be developed and approved by all parties ten (10) working days prior to the scheduled outage, and addressing the impact on plant operations, length of outage, and methods of removing and reactivating the equipment to full service.  The City shall pay all extra costs associated with said equipment outage.  Alliance shall not be responsible for regulatory violations due to such interruptions.

 

12.3    In the event the City’s contractor or subcontractor causes damage to the City’s Utility System, Alliance shall immediately notify the City’s duly authorized representative and shall take all actions necessary to minimize further damage.

 

12.4    The City, or Alliance on behalf of the City, shall direct the contractor to complete all repairs within a reasonable time. In the event that contractor does not make the repairs in a timely and reasonable manner, Alliance shall notify contractor and the City of such failure to repair, and if work is not initiated immediately to effectuate such repair, within forty-eight (48) hours of such notice, Alliance shall, with the City’s consent, make said repairs, and recover costs of the repairs from the City.

 

  1. AMENDMENTS

 

13.1    This Agreement may be modified only by written amendment signed by both parties.

 

  1. WAIVER

 

14.1    A waiver on the part of either party of any term, provision, or condition of this Agreement shall not constitute precedent, nor bind either party to a waiver of any succeeding breach of the same or any other term, provision, or condition of this Agreement.

 

  1. APPLICABLE LAW

 

15.1    This Agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri.

 

  1. ASSIGNMENT

 

16.1    This Agreement shall be binding upon and endure to the benefit of the respective successors and assigns.

 

  1. HEADINGS

 

17.1    Section headings used in this Agreement are inserted for convenience of reference only and shall not affect the content of its various provisions.

 

  1. NOTICE

 

18.1    All notices shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage prepaid, as follows:

 

If to the City:              City of Rich Hill

120 N 7th St.

Rich Hill, MO  64779

 

 

If to Alliance:             Alliance Water Resources, Inc.

206 South Keene St.

Columbia, MO  65201

 

 

 

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers thereunto duly authorized and their respective corporate seals to be herewith affixed and attested by their respective officers having custody thereof the day and year first above written.

 

 

CITY OF RICH HILL, MISSOURI:

 

 

BY:  ____________________________

 

TITLE: __________________________

(SEAL)

 

ATTEST:

 

 

                                                                 

Clerk

 

 

Alliance WATER RESOURCES, INC.

 

BY:  ____________________________

 

TITLE: __________________________

 

 

(SEAL)

 

ATTEST:

 

 

                                                                 

Secretary

 

 

EXHIBIT A

 

 

 

Alliance shall maintain:

 

A1.      Statutory Worker’s Compensation Insurance for all Alliance employees at the Utility as required by law.

 

A2.      Comprehensive or commercial general liability insurance for bodily injury and/or property damage as follows:

 

General Aggregate                                       $3,000,000

Each Occurrence Limit                                 $1,000,000

Umbrella Aggregate                                     $4,000,000

 

 

Each Party:

 

A3.      Shall maintain adequate property insurance for its equipment and real and personal property, including but not limited to extended coverage.

 

A4.      Shall provide, with respect to its owned vehicles, Commercial Automobile Liability Insurance for bodily injury and/or property damage with $1,000,000 per occurrence.

 

The City agrees:

 

A5.      To file sewer backup claims with their insurance carrier.

 

 

Alliance will:

 

A6.      Assist the City to provide information and documentation to support or deny the settlement of claims by the City’s insurance carrier.

 

 

 

 

 

EXHIBIT B

 

FACILITY CHARACTERISTICS

 

 

WATER TREATMENT FACILITY

 

B.1     Alliance shall not be responsible for fines or penalties or any other liability if there are limitations with the water treatment facility which limit adequate treatment, or the City’s Utility System is inoperable due to circumstances beyond Alliance’s control.

 

B.2      In the event that water quality requirements are revised in the future, Alliance shall have the right to renegotiate the terms of Sections 5 through 7 in the Agreement by giving notice to the City of the revised water quality requirements.

 

WASTEWATER TREATMENT FACILITY

 

B.3      Alliance shall not be responsible for fines or penalties or any other liability if there are limitations in the collection system design or plant design which limit adequate collection or treatment, or if the wastewater influent exceeds facility design parameters including maximum daily and instantaneous flow, does not contain adequate nutrients, contains biologically toxic substances, or the Facility is inoperable due to circumstances beyond Alliance’s control.

 

B.4      Alliance liability regarding payment of fines, penalties or any other related liability is restricted to effluent limitations established in existing NPDES Permit No MO-0092517 dated December 1, 2017. In the event that effluent limitations are revised in subsequent NPDES permits, Alliance shall have the right to renegotiate the terms of Sections 5 and 6 in the Agreement by giving notice to the City within forty-five (45) days after the effective date of the revised permit.

 

 

1669 Bill No 671 Vacating Portion of Alley Block 45 1st Addition

AN ORDINANCE VACATING A PORTION OF THE ALLEY OF BLOCK 45 IN RICH HILL TOWN COMPANY’s FIRST ADDITION IN RICH HILL, MISSOURI.

WHEREAS, on or about August 22, 2017, Pete’s Corporation approached the Board of Alderman to vacate the alley to allow for the expansion of their business; and

WHEREAS, , the City of Rich Hill and Pete’s Corporation desire to enter into an agreement for vacating a portion of alley in exchange for concreting a portion of Olive Street, yet to retain necessary easements to continue to effectuate appropriate utility service to the citizens to the City of Rich Hill; and

WHEREAS, after proper notice was given, the Board of Aldermen held a public hearing to consider the Vacation Application and upon conclusion of the public hearing, the Board of Aldermen has determined that no damages are ascertainable by reason of such vacation and that such vacation serves a public purpose in the paving of this area benefits the health, safety, and general welfare of the citizens.

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

SECTION 1.      That the following described portion of Block 45 in Rich Hill Town Company’s First Addition is hereby and herewith vacated:

That part of Block 45 in Rich Hill Town Company’s First Addition of Rich Hill, Bates County, Missouri, described as follows: commencing at the northwest corner of Lot 13 in said Block 45 for the point of beginning; thence north 20.00 feet to the southwest corner of Lot 4 in said Block 45; thence east 200.00 feet, more or less to the southeast corner of lot 1 in said Block 45; thence west 200.00 feet, more or less to the point of beginning.

SECTION 2.      That the Mayor or his designee is authorized to enter into the necessary real estate contracts and accompanying documents to effectuate the vacation of the above described real property, attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein.

SECTION 3.      That the City Clerk is hereby authorized and directed to acknowledge a copy of this Ordinance and to record same in the Bates County Recorder of Deeds office.

SECTION 4.      That should any section, sentence or clause of this Ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining sections, sentences, or clauses.

SECTION 5.      That this ordinance shall take effect upon execution of the documents attached hereto as EXHIBIT A.

SECTION 6.      That the City Clerk or her designee is hereby directed to cause the documents attached hereto as EXHIBIT A to be filed upon their execution at the office of the Bates County Recorder of Deeds.

Read the first time by title only and approved by the Board of Aldermen of the City of Rich Hill, Missouri, this 8th day of May, 2018.

Read the second time by title only and passed by the Board of Aldermen and approved by the Mayor of the City of Rich Hill, Missouri this 8th day of May, 2018.

                                   

_______________________

Jason Rich, Mayor

ATTEST:

Ayes: Kassner, Humble, Robb, Pilcher

_______________________                                  Nays: None

Brittany Schenker, City Clerk

EXHIBIT A

[Real Estate Contract]

1668 Bill No 670 Procurement

AN ORDINANCE AMENDING THE PROCUREMENT POLICY FOR CITY OF RICH HILL, MISSOURI.

___________________________________________________________

 

WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri (“Board”), adopted Ordinance No. 1641 on March 14, 2017, which established a procurement policy for the City of Rich Hill, Missouri (“City”); and

 

WHEREAS, the City now desires to amend the policy to allow for alternative methods of procurement, as identified by the underlined text.

 

NOW THEREFORE, be it ordained by the Board of Alderman of the City of Rich Hill, Missouri, as follows:

 

SECTION 1 – Competitive Bidding   

When the City negotiates any purchase over the amount of $4,500.00, an ample opportunity for competitive bidding shall be provided.   Bids shall be solicited expediently with due regard for competitive prices and quality.

 

SECTION 2 – Notice Defined  

Criteria for bids will be specific to the bid. The City Clerk shall also advertise all pending sales by a notice posted on the public bulletin board in the City Hall.

 

SECTION 3 – Bid Opening Procedure   

Bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. They shall be opened in public at the specified Board of Aldermen meeting.

 

SECTION 4 – Lowest Responsible Bidder   

The City reserves the right to reject any or all bids.  Contracts shall be awarded to the lowest responsible bidder.  Bids shall not be accepted from or contract awarded to a contractor who is in default on the payment of taxes, licenses or other monies due the City.   In determining the lowest responsible bidder, in addition to price, the following shall be considered:

  1. The ability, capacity and skill of bidder to perform/provide the contract/services required;
  2. Whether the bidder can perform the contract or provide the service promptly or within the time specific without delay or interference;
  3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
  4. The quality of performance of previous contracts or services;
  5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
  6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
  7. The quality, availability and adaptability of the supplies or contractual services to the particular use required;
  8. The ability of the bidder to provide future maintenance and service for the subject of the contract;
  9. The number and scope of conditions attached to the bid.

 

SECTION 5 – Justification of Award   

When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered into the minutes of the Board of Aldermen.

 

SECTION 6 – Tie Bids    

If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. If there is no local low bidder, the award shall be made by drawing of lots to be held in public.

 

SECTION 7 – Open Market Procedure   

All purchases of supplies and contractual services and all sales of personal property that has become obsolete and unusable for which competitive bidding is not required by SECTION 1 of this resolution shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by SECTION 3 for the award of formal contracts.

  1. All open market purchases shall, be awarded to the lowest responsible bidder in accordance with the standards set forth in SECTION 4.
  2. The City may solicit bids by: direct mail request to prospective vendors, telephone or public notice posted on the board of the City Hall.
  3. The City Clerk shall keep a record of all open market orders and the bids submitted in competition thereon, and these records shall be open to public inspection.

 

SECTION 8 – Gifts and Rebates   

Every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except if given for the use and benefit of the City.

 

SECTION 9 – Emergency Purchases     

In case of an emergency that requires the immediate purchase of supplies or contractual services, the Supervisor in charge of the department or agency may request the purchase, at the lowest obtainable price, of any supplies or contractual services to the Mayor or President of the Board.  The Mayor or President of the Board may authorize the purchase in writing.  A full explanation of the circumstances of an emergency purchase shall be presented to the Board of Aldermen of the next regularly scheduled Board meeting.

 

SECTION 10 – Cooperative Procurement 

The purchasing agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served and after approval of the Board of Aldermen.

 

SECTION 11 – Request for Proposals

When procuring goods or services, the Mayor or Board is authorized to issue a Request for Proposals (“RFP”) in lieu of the provisions stated in Section 1 through 7 of this Ordinance, if it is determined that such action is in the best interests of the City.  An RFP must comply with any and all applicable laws, rules, regulations, and grant requirements.  Any final selection or agreement which results from an RFP must be approved by the Board.

 

SECTION 12 – Request for Qualifications

When procuring goods or services, the Mayor or Board is authorized to issue a Request for Qualifications (“RFQ”) in lieu of the provisions stated in Section 1 through 7 of this Ordinance, if it is determined that such action is in the best interests of the City or is otherwise required by law.  An RFQ must comply with any and all applicable laws, rules, regulations, and grant requirements.  Any final selection or agreement which results from an RFQ must be approved by the Board.

 

SECTION 13 – Conflicts

All ordinances conflicting in whole or in part with provisions of this Ordinance are hereby repealed to the extent of the conflict.

 

SECTION 14 – Provisions are Severable

The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance.

 

SECTION 15 – Full Force and Effect

This Ordinance shall be in full force and effect from and after its passage by the Board of Aldermen and approval by the Mayor, and shall remain in effect until amended or repealed by the Board of Aldermen.

 

Read two times and passed by the Board of Aldermen of the City of Rich Hill, Missouri, on this 10th day of April, 2018.

 

ATTEST:

 

________________________       ________________________

Jason Rich, Mayor                                     Brittany Schenker, City Clerk

Ayes: Humble, Robb, Pilcher, Kassner

Nays: None

[i]

[i] For informational purposed this ordinance changed the language of Mayor Pro-Tem to President of the Board.

For informational purposes, this ordinance replaces the following: Ordinance 1502, enacted March 10, 2015; which replaced Ordinance 1337, enacted April 28, 2009; which replaced Ordinance 1116, enacted September 12, 2000; which replaced Ordinance 0941, enacted June 20, 1985.

1667 Bill No Quit Claim Deed for 109 S. 6th

QUIT-CLAIM DEED

THIS INDENTURE, made and entered into this 17th day of March, 2018, by and between the City of Rich Hill, Missouri, a Missouri municipal corporation, hereinafter referred to as “Grantor,” and Terry Wayne Wheatley and Ruth Louis Wheatley, husband and wife, hereinafter referred to as “Grantee,” whose mailing address is 301 S. 14th Street, Rich Hill, Missouri, 64779.

Grantor, in consideration of the sum of fifty dollars ($50.00), and other good and valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, do by these presents REMISE, RELEASE and FOREVER QUIT CLAIM unto Grantee the following described lots, tracts, or parcels of land, lying, being, and situate in the County of Bates, State of Missouri, commonly referred to as 109 S. 6th Street, Rich Hill, Missouri, which is described as follows:

The south 40 feet of the West Half of Lot 6 in Block 74 in the Town, now City of Rich Hill, Bates County, Missouri.

Subject to easements, reservations, restrictions, and covenants, now of record, if any.

TO HAVE AND TO HOLD THE SAME, the said premises, unto said grantees, heirs and assigns forever; so that neither Grantor nor any other entity, person or persons, for them or in their name or behalf, shall or will hereinafter claim or demand any right or title to the aforesaid premises or any part thereof, by these presents, be excluded and forever barred.

IN WITNESS WHEREOF, Grantor has causes these presents to be signed the day and year above written.

CITY OF RICH HILL, MISSOURI

 

_________________________________

Jason Rich, Mayor

STATE OF MISSOURI       )

                                                )           ss.

COUNTY OF BATES         )

On this 17th day of March, 2018, before me, the undersigned, a Notary Public, personally appeared Jason Rich, Mayor of the City of Rich Hill, Missouri, and, in his official capacity, executed the forgoing Quit-Claim Deed, and said person duly acknowledged that he is authorized to execute said instrument on behalf of the City of Rich Hill.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal on the day and year above written.

 

________________________________

Notary Public

 

(SEAL)

1664 Bill No 667 Refuse

An ordinance pertaining to public health, safety, and welfare; regulating storage, collection, transportation, processing and disposal of solid waste and yard waste; providing for collection and disposal of solid waste and yard waste ; providing a penalty for violation of the provisions of this ordinance; and repealing all ordinances in conflict.

Be it ordained by the City Council of the City of Rich Hill, Missouri.

Section 1 Definitions

For the purpose of this ordinance the following terms shall be deemed to have the meaning indicated below:

APPROVED INCINERATOR– and incinerator, which comply with all current regulations of the responsible local and state air pollution control agencies.

BULKY RUBBISH– non – putrescible solid wastes consisting of combustible and /or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefore.

CITY- The City of Rich Hill, Missouri.

COLLECTION– Removal of solid waste from its place of storage to the transportation vehicle.

COMMERCIAL USER — any person, firm, partnership, or corporation occupying any building or structure which is within the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim.  Provided, however, that schools and churches shall be deemed as “commercial user”.

DEMOLITION AND CONSTRUCTION WASTE– Waste materials from the construction or destruction of residential or commercial structures.

DIRECTOR- The Director of the Solid Waste Management Program of the City of Rich Hill is the City Superintendent, or his authorized representative.

DISPOSABLE SOLID WASTE CONTAINER—Disposable plastic sacks or bags with a capacity not greater than 35 gallons which is specifically designed for storage of solid waste.

DWELLING UNIT– any room or group of rooms located within a structure, and forming a single habitable unit with facilities, which are used, or are intended to be used, for living, sleeping, cooking and eating.

GARBAGE–putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food.

HAZARDOUS WASTES– including but not limited to: pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.

MEDICAL PATHOLOGICAL WASTE—Including, but not limited to, needles, syringes, sharp objects, or other materials that have made contact with blood or bodily fluids.

MULTIPLE HOUSING FACILITY- a housing facility containing more then one dwelling unit under one roof.

OCCUPANT– any person who, along or jointly or severally with others, shall be in actual possession of any dwelling unit of any other improved real property, either as owner or as a tenant.

OUTSIDE COMMERCIAL USER– any person, firm, partnership, or corporation occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri, the principle use of which is engaging in commerce or trade, having financial profit as the primary aim.  Provided, however, that schools and churches shall be deemed as “commercial user”.

OUTSIDE RESIDENTAL USER–Any person occupying any building or structure which is outside the corporate limits of the City of Rich Hill, Missouri the principle use is as a place of abode for any person or persons.

PERSON– any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative, agent or assigns.

PROCESSING– incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.

REFUSE– solid waste.

RESIDENTIAL USER– Any person occupying any building or structure, which is within the corporate limits of the City of Rich Hill, Missouri the principle use, is as a place of abode for any person or persons.

SOLID WASTE– unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special waste, industrial wastes, and demolition and construction wastes.

(a) Commercial solid waste–solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishments, and multiple housing facilities with more than one (1) dwelling units.

(b) Residential solid waste– solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than one (1) dwelling units.

SOLID WASTE CONTAINER– receptacle used by any person to store solid waste during the interval between solid waste collections.

SOLID WASTE DISPOSAL– the process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man.

SOLID WASTE MANAGEMENT– the entire solid waste systems of storage, collection, transportation, processing and disposal.

STORAGE–Keeping, maintaining or storing solid waste from time of its production until the time of its collection.

TRANSPORATION– the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.

YARD WASTE – brush, leaves, grass clippings, flowers, dirt and rock

SECTION 2: SOLID WASTE STORAGE

SECTION 2.1— The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate city limits of the City, shall provide sufficient and adequate containers for the storage of all solid waste to serve each such dwelling unit and/or establishment, and to maintain such solid waste containers at all times in good repair.

SECTION 2.2— The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment within the corporate limits of the City shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat sanitary condition at all times.

SECTION 2.3— Residential solid waste shall be stored in containers that meet the following specifications:

(a) No more than 35 gallons in normal capacity.

(b) Containers shall be leak proof, waterproof, and fitted with a fly tight lid.

(c) Shall be properly covered at all times except when depositing waste therein or removing the contents thereof.

(d) Shall have handles, basils or other suitable lifting devices or features.

(e) Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying.

(f) They shall be of lightweight and sturdy construction. The weight of any individual container and contents shall not exceed 75 pounds.

(g) Galvanized metal containers, or rubber, fiberglass, or plastic containers, which do not become brittle in cold weather, may be used.

(h) Disposal solid waste containers with suitable frames and containers as approved by the Director may also be used for storage of residential solid waste.

(i) Any container that will allow bagged solid waste to be easily removed (loose solid waste will not be picked up).

SECTION 2.4—Solid waste containers with the following specifications will NOT be allowed for use:

(a) Metal, 55 gallon barrels, may only be used for storage of solid waste that is bagged in a disposable solid waste container as defined in this ordinance.

(b) Paper sacks or cardboard

(c) Wheelbarrows or carts may only be used for storage of solid waste that is bagged in a disposable solid waste container as defined in this ordinance.

(d) Any container that can not be dumped into the truck by one man or not meeting the definitions in Section 2.3

SECTION 2.5— Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste therein or removing the contents thereof, and shall meet all requirements as set forth by Section 7.

SECTION 3. COLLECTION OF SOLID WASTE

SECTION 3.1-Except for services in connection with the collection and disposal of Demolition and Construction Waste as provided in Section 6 of this Ordinance, no person shall engage in the business of collecting, transporting, processing or disposing of any other type of solid waste within the corporate limits of the City.    Residents and any business, firm, partnership or corporation occupying or using any building or structure which is in the corporate limits of the City shall receive refuse pickup and disposal service or collection for solid waste other than Demolition and Construction Waste exclusively from the City as per rules and regulations of the Ordinance.   The City may also provide  services for the collection and removal of Demolition and Construction Waste, or the removal of such waste can be provided, at the customer’s expense,  by a customer contracting with a  third party who holds a Demolition and Construction Waste Permit issued in accordance with Section  6 of this Ordinance.   The City may also provide the collection services by the City contracting with a person, county, or other city or combination thereof, for the entire City or portions thereof, as deemed to be in the best interest of the City.

SECTION 3.2— All solid wastes from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein; provided, however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations or weight and bulk to be fixed by regulations to be made and promulgated by the Director as hereinafter provided. Bulky rubbish collections shall be subject to additional charges as hereinafter established in this ordinance.  All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.

SECTION 3.4— Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste there from as required by this ordinance. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste. Commercial solid waste may be removed from within commercial establishments upon written request of the owner and approval of the Director.

(a) All solid waste being set out for collection must be placed at the edge of the property, along the road, unless otherwise directed by the truck operator. Solid waste containers and disposable solid waste containers not properly placed will not be picked up.

SECTION 3.5–The following collection frequencies shall apply to collections of solid waste within the City: All residential solid waste, other than bulky rubbish, shall be collected (at least once) weekly. At least seventy-two (72) hours shall intervene between collections. All commercial solid waste shall be collected (at least once) weekly, except otherwise permitted by the Director, and shall be collected at such lesser intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the prevention of the health and /or safety of the public.

SECTION 3.6– Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage sight shall be well drained, free from loose debris and maintained; fully accessible to collection equipment, public health personnel and fire personnel.

SECTION 3.7— Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Sections 2.3, 2.4, 2.5, and 2.6 of this ordinance. Any spillage of blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.

SECTION 3.8– It shall be the responsibility of the collector to inform the director of any known or suspected hazardous or toxic wastes prior to the collections of such wastes.

SECTION 3.9—Requests for refuse collection services by users outside the city limits must be made, in person and/or in writing and presented to the City Council for approval.

SECTION 4. TRANSPORTATION OF SOLID WASTE

SECTION 4.1-All transportation vehicles shall be maintained in a safe clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste there from. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall have a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle which shall be secured whenever the vehicle is transporting solid waste, or as an alternate, the entire body thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.

SECTION 4.2– Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public right of ways.

SECTION 4.3– Transportation and disposal of demolition and construction wastes shall be in accordance with applicable Section 5 and 6.

SECTION 5. DISPOSAL OF SOLID WASTE

SECTION 5.1– Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health and the Department of Natural Resources.

SECTION 5.2– The Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations.

SECTION 5.3 –Medical pathological waste shall be disposed of in accordance with Missouri State Department of Health regulations in approved containers.

6. DEMOLITION AND CONSTRUCTION WASTE PERMITS; INSPECTIONS

 SECTION 6.1– A person may engage in the business of collecting, transporting, processing, or disposing of Demolition and Construction Wastes within the corporate limits of the City only if that Person first obtains a Demolition and Construction Waste Permit from the City in accordance with this Section.   If a Demolition and Construction Waste Permit is obtained, no further permit shall be required from employees of the holder of any such permit.

SECTION 6.2– No such Demolition and Construction Waste Permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, shall file and maintain with the Director evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of $1,000,000.00 combined single limit. Should any such policy be canceled, the Director shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.

SECTION 6.3-Each applicant for any such Demolition and Construction Waste Permit shall state in his application therefore; (a) the nature of the Demolition and Construction Waste  Permit desired, as to collect, transport, process, or dispose of Demolition and Construction Waste or any combination thereof; (b) the characteristics of the Demolition and Construction Waste to be collected, transported, processed, or disposed; c) the number of Demolition and Construction Waste transportation vehicles to be operated there under; (d) the precise location or locations of Demolition and Construction Waste processing or disposal facilities to be used and a copy of the state landfill  permit; (e) boundaries of the collection area; and (f) such other information as required by the Director.

SECTION 6.4– If the application shows that the applicant will collect, transport, process or dispose of Demolition and Construction Waste without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this ordinance, the Director shall issue the Demolition and Construction Waste Permit authorized by this ordinance. The Demolition and Construction Waste Permit shall be issued for a period of one year and each applicant shall pay therefore a fee of $35.00 for each Demolition and Construction Waste processing or disposal facility to be operated and an additional $35.00 for each transportation vehicle to be used.  If in the opinion of the Director, modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this ordinance, the Director shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.

SECTION 6.5– If the applicant does not make the modifications pursuant to the notice in 6.4 within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of Demolition and Construction Waste will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director, in writing, stating the reason for such denial. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the re-application comply with the provisions of this ordinance.

SECTION 6.6– The annual Demolition and Construction Waste Permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified and with the presentation of a current copy of the state landfill permit. If the modifications have been made, the applicant shall reapply for a Demolition and Construction Waste Permit as set forth in Sections 6.2 and 6.3.  No Demolition and Construction Permit authorized by this ordinance shall be transferable from person to person.

SECTION 6.7– In order to insure compliance with the laws of this State, this ordinance and the rules and regulations authorized herein, the Director is authorized to inspect all phases of solid waste management (including, but not limited, to both Demolition and Construction Waste and all other forms of solid waste) within the City of Rich Hill, Missouri.  No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this ordinance, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.

SECTION 6.8-In all cases, when the corrective measures have not been taken within the time specified, the Director shall suspend or revoke the Demolition and Construction Waste Permit or Demolition and Construction Waste Permits involved in the violation, however, in those cases where an extension of time will Demolition and Construction Waste Permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.

SECTION 6.9– Any person who feels aggrieved by any notice of violation, or order issued pursuant thereto of the Director may within ten (10) days of the act for which redress is sought appeal directly to the City Council of Rich Hill, Missouri in writing, setting forth in a concise statement the act of being appealed and the grounds for its reversal.

SECTION 6.10– All motor vehicles operating under any Demolition and Construction Waste Permit required by this ordinance shall display the number or numbers on each side in color, which contrasts with that of the vehicle, such numbers to be clearly legible and not less than 4″ high.  Each Demolition and Construction Waste Permit for processing or disposal facilities shall be prominently displayed at the facility.

SECTION 7 DISPOSAL OF YARD WASTE

The City of Rich Hill has a yard waste disposal site located at the north end of 5th Street.  You may check a key out from City Hall from 8:00 a.m. to sunset each day to deposit your yard waste.    The gate must be locked between each dump.  Key must be turned in as soon as possible and cannot be kept overnight.

SECTION 8. RULES AND REGULATIONS

The Director shall make, amend, revoke, and enforce reasonable and necessary rules and regulations, governing, but not limited to:

(a) Preparation, drainage and wrapping of garbage deposited in solid waste containers.

(b) Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.

(c) Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.

(d) Weight limitations on the combined weight of solid waste containers and the contents thereof, and the weight of solid waste bundles and their size limitations on bundles of solid waste too large for solid waste containers.

(e) Storage of solid waste in solid waste containers.

(f) Sanitation, maintenance, and replacement of solid waste containers.

(g) Schedule of and routes for collection and transportation of solid waste.

(h) Collection points of solid waste containers.

(i) Collection, transportation, processing, and disposal of solid waste.

(j) Processing facilities and fees for the use thereof.

(k) Disposal facilities and fee for the use thereof.

(l) Records of quantity and type of wastes received at processing and / or disposal facilities.

(m)Handling of special wastes such as toxic hazardous wastes, sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.

The City Clerk or such other City official, who is responsible for preparing utility and other service charge billings for the City, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and / or disposal service charges, as hereinafter provided for. A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk of the City.

SECTION 9.  PROHIBITED PRACTICES

It shall be unlawful for any person to:

(a) Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of the container and / or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal,

(b) interfere in any manner with solid waste collection and transportation equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City, or those of a solid waste collection agency operating under contract with the City;

(c) Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;

(d) Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;

(e) Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked.

(f) Prohibited Solid Waste will include, but is not limited to:

  • Yard Waste (grass clippings, brush, flowers, etc.)
  • Tires
  • Concrete and rock
  • Waste oil
  • Appliances
  • Batteries
  • Unmarked metal or plastic containers (5 gal buckets, 1 gallon cans, bottles)
  • Gasoline Cans or gasoline tanks
  • Any items that are not allowed in the solid waste processing facility.

SECTION 10. SERVICE CHARGES/ DEPOSITS

There is hereby imposed, for the collection and disposal of solid waste, and for the improvement of the general public health and environment, a service charge for each dwelling unit and each commercial establishment.

(a) Residential Users – All residential users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri of $20.25 per month to be billed by the City of Rich Hill and paid by such residential users with other utility charges. This rate shall entitle the user to one pickup weekly.

(b) Outside Residential Users – All outside residential users shall pay a deposit of 2 months billing before service can begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri of $26.45 per month to be billed by the City of Rich Hill and paid by such residential users with other utility charges.  This rate shall entitle the user to one pickup weekly.

(c) Commercial Users – All commercial users shall pay a charge for refuse pickup and disposal to the City of Rich Hill, Missouri of $26.05 per month to be billed by the City of Rich Hill and paid by such commercial users with other utility charges.  This rate shall entitle the user to one pickup weekly.

(d) Outside Commercial Users – All outside commercial users shall pay a deposit of two months billing before services will begin and then they will be charge for refuse pickup and disposal to the City of Rich Hill, Missouri of $32.25 per month to be billed by the City of Rich Hill and paid by such commercial users with other utility charges.  This rate shall entitle the user to one pickup weekly.

(e) If a residential or commercial user that gets one pickup per week requires the truck to run the hopper more than once there will be an additional charge, of $5.00 minimum per cycle.

(g) Dumpsters – Dumpster fees are set by a user charge of $40.00 inside and a user charge of $42.00 outside (for businesses only) plus tonnage fees set by size of dumpster and number of pick ups.  Upon making application at City Hall and paying a deposit of the monthly rate equal to the number of pickups per week and the size of dumpster, a commercial or residential user may acquire the use of a dumpster.  At such time the user requests removal of the dumpster, any balance due upon dumpster charges will be deducted from the deposit and the remainder of the deposit, if any, will be refunded to the customer.  All commercial and residential users of a dumpster for refuse pickup and disposal shall pay a monthly charge to the City of Rich Hill, Missouri as follows:

                          2 yd inside       2 yd outside       3 yd inside      3 yd outside        6 yd inside

1 pick ups weekly $82.25 $84.25 $100.75 $102.75 $156.25
2 pick ups weekly $122.75 $124.75 $159.75 $161.75 $270.15
3 pick ups weekly $163.25 $165.25 $218.75 $220.75 $385.25
4 pick ups weekly $203.75 $205.75 $277.75 $279.755 $499.75

Dumpsters will be provided primarily to commercial users but also to residential users so long as the City of Rich Hill has a dumpster available.

All dumpsters will be located to allow easy access by the refuse truck.  Any dumpster not accessible at the regularly scheduled pickup time OR any trash not in the dumpster at the time of pickup will be subject to an extra charge of $10.00 minimum.  In situations where the customer repeatedly overfills the dumpster, arrangements must be made for a larger dumpster or for more frequent pickups

(h)  Customers requiring disposal of bulky rubbish or demolition and construction waste are required to make arrangements for placement of a dumpster at the location where the solid waste collection is needed.  All deposits, fees, and regulations that are included in this ordinance are applicable.

(i)  Customers requiring disposal of garbage, including but not limited to commercial eating establishments may be required to apply for a dumpster at the discretion of the Director if the placement of the garbage for collection creates a public nuisance.

(j) One Time Dumpsters – One time dumpsters will be provided for a maximum of 30 days at a time. If a customer requires a one time dumpster for a period longer than 30 days the customer will be required to pay a new rental fee of $40.00 plus additional pick up charges as provided by this ordinance herein. Upon making an application at City Hall, request may be made for the use of a 2 yd dumpster you must have a utility account with the City of Rich Hill and must be inside the city limits.  The customer will pay in advance the $40.00 user fee plus the tonnage fees based on the number of pickups.  Pickups must be scheduled at the time of purchase.  Tonnage fees are ¼ of ton per pickup.  If at a later time you decide you need additional pickups you will be required to pay the tonnage fees per pickup.  If the dumpster is filled with heavy materials there may be additional tonnage charges added to your utility account.  The tonnage charge will be the same rate we are currently paying at the landfill, times the number of tons.  All temporary dumpsters will be regulated by the same requirements as permanent dumpsters.

(k) Rate Increase – After the passage of this ordinance the rate increase will be done the City Clerk presenting the council with a Rate Increase sheet that will consist of the following formulas:

  1. Residential & Commercial Users – Get the total revenue needed by taking the budgeted revenues minus the total expenses plus the expected landfill fees. Take total revenue needed X percentage projected trash to be collected divided by the number of users then divide that by 12 = total rate increase per month.
  2. Dumpsters – Get the total revenue needed by taking the budgeted revenues minus the total expenses plus the expected landfill fees. Take total revenue needed X percentage of projected trash to be collected divided by the number of dump cycles per year = total rate increase per dump cycle.

The system of services established by the provisions of this ordinance hereof is designed as an integral part of the City’s program of health and sanitation, to be operated as an adjunct to the City’s system for providing potable water and the City’s system for providing sewerage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any dwelling unit or owner of any commercial establishment to recover any sums due for such services plus a reasonable attorney’s fee to be fixed by the court, plus the costs of such action.

The service charge herein provided for is hereby imposed upon the occupant of each solid waste generating unit and the billing thereof shall be made to the person contracting for City water or for other water service or otherwise providing water service to each such dwelling unit. In the event the solid waste-generating unit is not serviced by City water, or in the absence of information that such person is neither the owner nor the tenant of such dwelling unit, in which event billing therefore shall be made to the owner. Service charges shall be payable to the department empowered to collect service charges imposed by the City.

SECTION 11. PENALTIES

Any person violating any of the provisions of this ordinance of any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than $5.00 no more than $500.00; provided that each day’s violation thereof shall be a separate offense for the purpose hereof. Violation of the yard waste disposal site key will be the refusal of the use of the facility.

SECTION 12. BONDS

All persons obtaining permits to collect and transport solid waste to processing or disposal facilities shall provide adequate performance bonds in an amount to be established by the City Council of Rich Hill, Missouri.

SECTION 13. REPEALS

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

SECTION 14. SAVINGS CLAUSE

Nothing in this ordinance shall be deemed to affect, modify, amend, or repeal any provisions of any ordinance administered by the Missouri Health Department, the Missouri Department of Natural Resources or other department, board, commission, or agency of Missouri, unless that ordinance is specifically repealed in section 12.

SECTION 15. SEVERABILITY CLAUSE

The provisions of this ordinance are several and if any provisions or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality, or inapplicability shall not affect or impair the remaining provisions of this ordinance.

1st Reading December 12, 2017

2nd Reading December 12, 2017

This ordinance shall become effective upon the 12th day of December 2017.

 

___________________________                Ayes: Pilcher, Kassner, Robb, Humble

Jason Rich, Mayor                                                     Nays: None

ATTEST:

 

___________________________

Brittany Schenker, City Clerk

1661 Bill No 663

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, DECLARING THE RESULTS OF THE ELECTION HELD ON NOVEMBER 7, 2017, AND ACCEPTING CERTIFICATION OF THE RESULTS OF SAID ELECTION BY THE COUNTY CLERK OF BATES COUNTY.

 WHEREAS, an election in the City of Rich Hill, Missouri (the “City”), was duly called and held on the 7th day of November, 2017 (the “Election”); and

WHEREAS, the County Clerk of Bates County, Missouri, has certified the results of the Election; and

WHEREAS, the Board of Aldermen wishes to declare and accept the certified results of the Election.

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

SECTION 1:  The following use tax question was on the Election ballot:

Shall the City of Rich Hill, Missouri impose a local use tax at the same rate as the total local sales tax rate, currently two percent (2%), provided that if the local sales tax rate is reduced or raised by voter approval, the local use tax rate shall also be reduced or raised by the same action? A use tax return shall not be required to be filed by persons whose purchases from out-of-state vendors do not in total exceed two thousand dollars in any calendar year.

SECTION 2:  A majority of the qualified voters of the City who cast ballots in the Election voted in the affirmative to approve the use tax question.

SECTION 3:  The City hereby accepts the certification of the results of the Election by the County Clerk of Bates County, which is attached hereto as Exhibit A and incorporated herein.

SECTION 4:  Having been approved and the results certified, the City Clerk is hereby authorized to take any and all actions necessary to effectuate the imposition of the use tax.

SECTION 5:  This Ordinance shall be in full force and effect from and after its passage and approval.

SECTION 6:  All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.

 READ TWO TIMES AND PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI, THIS 14TH DAY OF NOVEMBER, 2017.

                                                                                   ______________________________                                                                                     Patricia Pilcher, President of the Board

 

ATTEST:

______________________________

Brittany Schenker, City Clerk

SEAL

1660 Bill 662 No Engineer

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, AUTHORIZING THE MAYOR OF THE CITY, ON BEHALF OF THE CITY, TO ENTER INTO AN AGREEMENT WITH ALLGEIER MARTIN AND ASSOCIATES, FOR PROFESSIONAL ENGINEERING SERVICES; AUTHORIZING THE MAYOR AND OTHER CITY OFFICIALS TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY AND TO TAKE ALL ACTION NECESSARY, TO COMPLETE AND PERFORM SAID AGREEMENT; AND FIXING AN EFFECTIVE DATE

_______________________________________________________

WHEREAS, the City of Rich Hill, Missouri has determined that it has a need for certain professional engineering services; and

WHEREAS, the Mayor and the Board of Aldermen have determined that the terms and provisions of the proposed Agreement Between City of Rich Hill, Missouri and Allgeier Martin & Associates for Professional Engineering Services by and between the City and Allgeier Martin & Associates, will serve the interests of the City.

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

SECTION A. The City of Rich Hill, Missouri, shall enter into an Agreement between City of Rich Hill, Missouri and Allgeier Martin & Associates for Professional Engineering Services by and between the City and Allgeier Martin & Associates.  A true and accurate copy of the proposed Agreement between City of Rich Hill, Missouri and Allgeier Martin & Associates for Professional Engineering Services is attached hereto and incorporated herein by reference.

SECTION B. The Mayor and City Clerk are hereby authorized to execute the Agreement between City of Rich Hill, Missouri and Allgeier Martin & Associates for Professional Engineering Services, on behalf of the City, and the Mayor and other City personnel are authorized to take all action necessary to complete and perform the Agreement Between City of Rich Hill, Missouri and Allgeier Martin & Associates for Professional Engineering Services.

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

READ TWO TIMES, PASSED AND APPROVED THIS 26th DAY OF SEPTEMBER, 2017.

____________________________     Ayes: Humble, Robb, Kassner

Jason Rich, Mayor                                             Nays: None

ATTEST:                                                               Pilcher was absent.

_____________________________

Brittany Schenker, City Clerk

1658 Bill No 658

AN ORDINANCE ESTABLISHING THE LICENSING OF DOOR-TO-DOOR SALES, VENDORS, FARMER’S MARKETS AND PENALTY FOR VIOLATIONS

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

Section 1. License Required.          Any person, its agent, servant or employee of any corporation, domestic or foreign, may obtain a license to sell or promote sales door-to-door in the City of Rich Hill, Missouri, by purchasing such license at the City Hall.

Section 2. Exemptions.      Persons soliciting for fundraisers of Schools, Churches and Non-Profit Organizations are exempt from the obligation of purchasing a license.

Section 3. License Fee.       A license to sell in accordance with the following schedules:

One day        $5.00

One week     $25.00

One month   $100.00

90 days         $200.00

Section 4. Farmer’s Market. A license shall be required for the host of each Farmer’s Market in the amount of $5 per day.

Section 5. Penalty.     Any person, upon conviction of a violation of this ordinance, may be charged a fine not to exceed $350.  Each day such sales shall continue without being duly licensed shall be considered a separate violation.

Section 6. Repeal of Conflicting Ordinances     Any Ordinance or parts thereof in conflict with this Ordinance is hereby repealed. This ordinance shall be in full force and effect from and after is passage and approval as provided by law.

Read two times and passed this the 12th day of September, 2017.

_____________________________

Jason Rich, Mayor

ATTEST:

__________________________________

Brittany Schenker, City Clerk

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