1071 – Vacating Alley Lots 6-9 & 1-5 Block 7 Glasgo’s Addition

ORDINANCE 1071

BILL NO. 58

 

AN ORDINANCE VACATING ALL OF THE ALLEY LYING NORTH OF LOTS 6-9 AND SOUTH OF LOTS 1-5 IN BLOCK 7 IN THE GLASGO’S ADDITION IN RICH HILL, MISSOURI

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

Section 1.  That the entire alley lying North of Lots 6-9 and South of Lots 1-5 in Block 7 in the Glasgo’s Addition of the City of Rich Hill, Missouri be vacated.

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

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

______________

Don Cole-Mayor

_______________________

Tammy Williams-City Clerk

Aye’s:  4

Nay’s:  0

 

 

1070 – Vacating Alley Block 165 Town Co.’s 1st Addition

ORDINANCE 1070

BILL NO. 56 

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

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

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

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

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

Don Cole-Mayor

Tammy Williams-City Clerk

1065 – Vacating Alley

                        ORDINANCE NO. 1065

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

*****************************************************************

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

Section 1:  Ordinance No. 1060 of the City of Rich Hill is hereby repealed.

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

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

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

____________________________________

Doug Smith

Mayor Pro-Tem

ATTEST:

_____________________________________

Tammy Williams

City Clerk

Aye’s: 3

Nay’s: 0

 

Mayor Don Cole was absent.

1063 – Electric Utility Commission

                         ORDINANCE #1063

ORDINANCE AUTHORIZING THE EXECUTION OF A JOINT CONTRACT BY AND AMONG THE CITY OF RICH HILL, MISSOURI AND CERTAIN OTHER MUNICIPAL CORPORATIONS OF THE STATE OF MISSOURI FOR THE PURPOSE OF JOINING THE MISSOURI JOINT MUNICIPAL ELECTRIC UTILITY COMMISSION PURSUANT TO THE PROVISIONS OF THE JOINT MUNICIPAL UTILITY COMMISSION ACT AND APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR THEREFORE.

WHEREAS, The Joint Municipal Commission Act, Laws of 1978, Page 286, 79th General Assembly, State of Missouri (the “Act”) authorizes municipalities to become parties to a joint contract (the “Joint Contract”) establishing a joint municipal electric utility commission as a separate legal entity, constituting a political subdivision and body politic and corporate of the State of Missouri, in order to provide for the financing, acquisition and operation of the power generation, transmission and distribution facilities and resources required to meet the municipalities’ electric power and energy requirements;

WHEREAS, various municipalities have entered into a Joint Contract dated as of May 1, 1979, as amended February 1, 1980 and June 14, 1984 for the aforesaid purposes;

WHEREAS, it is in the best interests of the City of Rich Hill, Missouri (the “Municipality”) to join the Missouri Joint Municipal Electric Utility Commission by becoming a party to the Joint Contract for the aforesaid purposes.

NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Rich Hill, Missouri, as follows:

1.   That the City of Rich Hill, Missouri, is hereby authorized to enter into the Joint Contract with other municipalities for the purpose of joining a separate legal entity known as the Missouri Joint Municipal Electric Utility Commission in order to provide for the financing, acquisition and operation of the power generation, transmission and distribution facilities and resources required to meet the municipalities’ electric power and energy requirements.  The Joint Contract is in the form of the Joint Contract presented to this meeting and attached hereto as Exhibit A.  The Mayor and City Clerk are hereby authorized to execute and deliver the Joint Contract in the form submitted as Exhibit A hereto.

2.   That the Mayor is hereby appointed a Director of the Commission and the City Superintendent is hereby appointed an Alternate Director.  Said Director and Alternate Director shall perform such duties and functions as required by the provisions of the Joint Contract until replaced by this governing body.

3.   This ordinance shall take effect upon adoption.

Passed and approved this 26th day of November 1996.

Signed:

_________________________________

Don Cole, Mayor

ATTEST:

__________________________________

Tammy Williams, City Clerk

1046 – Noise

                        ORDINANCE NO. 1046

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI REGULATING UNNECESSARY NOISE WITHIN THE CITY LIMITS OF RICH HILL, MISSOURI

*****************************************************************

 

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

                            SECTION I

It shall be unlawful for any person to operate a radio, phonograph, loudspeaker, sound amplifier or other device at any time with volume louder than necessary for convenient hearing of persons in the room, vehicle, chamber, or outside of any enclosed structure where used.  Audibility at a distance of more than one hundred (100) feet from such device  is prima facie evidence of a violation of this section.

                            SECTION II

A permit from the chief of police must be obtained for an outdoor event where the volume must exceed that established in Section I.  The chief shall issue the permit if the peace would not be unduly disturbed thereby.

                           SECTION III

Upon conviction, any violation of this ordinance shall be punishable of a fine not to exceed $500.00  and/or imprisonment not to exceed 90 days.

READ TWO TIMES and passed this  11   day of  JULY       , 1995.

________________________________________

Don Cole

Mayor

ATTEST:

________________________________________

Carol Culver

Assistant City Clerk

Aye’s:4

Nay’s:0

1041 – Seat Belts

                        ORDINANCE NO. 1041

AN ORDINANCE REQUIRING THE USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEMS IN MOTOR VEHICLES WITHIN THE CITY LIMITS OF THE CITY OF RICH HILL, MISSOURI

_________________________________________________________________

 

     BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH

HILL, MISSOURI, AS FOLLOWS:

Section 1.  Except as otherwise provided herein, each driver and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this city shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements, except that a child less than four years of age shall be protected as required in Section 5 below.

 

Section 2:  Each driver of a motor vehicle transporting a child four years of age or more, but less that sixteen years of age, in the front seat of a motor vehicle shall secure the child in a properly adjusted and fastened safety belt.

 

Section 3:  With respect to Sections 1 and 2 above;

 

(a)  No person shall be stopped, inspected or detained

solely to determine compliance with Sections 1 and 2 of this

ordinance.

 

(b)  The provisions of sections 1 and 2 of this

ordinance shall not be applicable to persons who have a

medical reason for failing to have a seat belt fastened

about his or her body or to any person employed by the

United StatesPostal service while performing duties for

that federal agency which require the operator to service

postal boxes from his or her vehicle, or which require

frequent entry into and exit from his or her vehicle.

 

(c)  As used in Sections 1 and 2 of this ordinance,

the term “passenger car” means every motor vehicle designed

for carrying ten persons or less and used for the

transportation of persons; except that, the term “passenger

car” shall not include motorcycles, motorized bicycles,

motor tricycles and trucks.

 

Section 4:  Each person who violates the provisions of Sections 1 or 2 of this ordinance shall, upon conviction, be subject to a fine not to exceed ten dollars in amount.  All other provisions of law and court rules to the contrary notwithstanding no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.

 

Section 5:  Every person transporting a child under the age of four years residing in this state shall be responsible, when transporting such child in a motor vehicle operated by that person on the streets or highways of this city, for providing for the protection of such child .  When traveling in the front seat of a motor vehicle the child shall be protected by a child passenger restraint system approved by the Missouri Department of Public Safety.  When traveling in the rear seat of a motor vehicle the child shall be protected by either a child passenger restraint system approved by the Missouri Department of Public Safety or the vehicle’s seat belt.  When the number of child passengers exceeds the number of available passenger positions, and all passenger positions are in use, remaining children shall be transported in the rear seat of the motor vehicle.

 

Section 6:  With respect to Section 5 of this ordinance:

 

(a)  Section 5 of this ordinance shall not apply to

motor vehicles being used by public carrier for hire.

 

(b)  Each person who violates the provision of Section

5 of this ordinance shall, upon conviction, be punished by a

fine of not more than twenty-five dollars and court costs.

 

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

 

Section 8:  This ordinance shall be in full force and effect from and after its passage and approval.

 

READ TWO TIMES AND PASSED THIS ______DAY OF ___________,

1995.

 

 

_______________________________________

Gordon Turner

Mayor

 

 

 

ATTEST:

 

___________________________________

Tammy Williams

City Clerk

 

Aye’s:  4

 

Nay’s:  0

 

 

1039 – Tax Collector

                        ORDINANCE NO. 1039

AN ORDINANCE ESTABLISHING THE COMMISSION FOR THE CITY COLLECTOR AND A PROVISION FOR COLLECTION OF POSTAGE ON TAX STATEMENTS

——————————————————————-

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

SECTION 1:  The city tax collector shall be allowed a commission of two per cent (2%) for collecting all taxes for the City of Rich hill which shall include all current and delinquent taxes and any tax bills or other charges due upon the tax records. 

SECTION 2:  Furthermore, the city tax collector shall be authorized to add the cost of postage and reasonable time spent in preparation of a statement to the taxes of any tax payer requesting a statement of their taxes due.

SECTION 3:  Any ordinance or parts of ordinances in conflict herewith are hereby repealed.

SECTION 4:  This ordinances shall be in full force and effect on April 4, 1995 upon its passage and approval this 28th  day of  February  1995.

________________________________________

Gordon Turner

Mayor

ATTEST:

_______________________________________

Tammy Williams

City Clerk

Aye’s: Jim Skocy, Larnal Martin, Fred Biggs

Nay’s: None

Larry McDaniel absent.

 

 

1029 – Smoking in Public Areas

                              ORDINANCE NO. 1029

AN ORDINANCE PROHIBITING SMOKING IN DESIGNATED PUBLIC BUILDING AND PUBLIC AREAS OWNED BY THE CITY OF RICH HILL, MISSOURI

***************************************************************************

WHEREAS, it is evident that tobacco smoke is a major contributor to indoor air pollution; and

WHEREAS, the presence of tobacco smoke in closely confined areas causes the general public, including non-smokers, to become passive smokers as they breathe smoke-filled air; and

WHEREAS, the harmful components of mainstream smoke are found in sidestream smoke, sometimes to a greater extent than in mainstream smoke; and

WHEREAS, smoking in public assembly areas presents a fire hazard threatening public property and the safety of those assembled.

WHEREAS, in order to protect the public health and environment, it is desirable to prohibit the smoking of tobacco in certain places which are used and open to the general public  and in certain work places,

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

SECTION 1:     No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire-producing device in any  building owned or operated by the City of Rich Hill.  Smoking will not be allowed in enclosed areas used by the general public or serving as a place of work, including open office area. Smoking shall be specifically prohibited in the following areas:

a.  Rich Hill City Hall

b.  Rich Hill Police Office

c.  Rich Hill Municipal Court Room/Council Chambers

d.  All City Owned Vehicles

SECTION 2:     Placards or signs reading “Smoking Prohibited by Law”                  shall be posted in all City owned or operated buildings.

SECTION 3:     The prohibition of smoking shall not apply to those areas that are so designated as smoking areas by placard or sign.

SECTION 4:     Any person who is convicted of a violation of this                     Ordinance shall be fined not less than One Dollar ($1.00) or more than Five Hundred Dollars ($500.00) for each such conviction thereof.

SECTION 5:     All other Ordinances are parts thereof in conflict herewith are hereby repealed.

SECTION 6:     This Ordinance shall be in full force and effect from and after its passage and approval according to Law.

Passed and approved this  11th  day of  January , 1994.

_____________________________________

Gordon Turner, Mayor

ATTEST:

_______________________________________

Tammy Williams, City Clerk

AYE‘S: 3

Larnal Martin

Fred Biggs

Larry McDaniel    

NAY’S: 0

Alderman Kenny Heuser was absent. 

1007 – Annexation of Property Hwy 71

ORDINANCE 1007

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A CERTAIN UNINCORPORATED AREA OF REAL PROPERTY CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITYOF RICH HILL, MISSOURI 

WHEREAS, CLIFFORD E. SMITH, WANDA L. SMITH, MICHAEL D. KEISER, DEBBIE A KEISER, FOOD FAIR SUPERMARKET OF RICH HILL, INC. JAMES DALE ENTRIKIN AND PEGGY JO ENTRIKIN, are the owners of all the fee interest of record of certain tracts of real property located within an unincorporated area contiguous to the existing corporate limits of the City of Rich Hill, Missouri, and the City desires annexation of such property to the City; and

WHEREAS, a public hearing concerning the proposed annexation was held on the 26th day November, 1991, at 7:00 P.M. at the City Hall in Rich Hill, Missouri, and Notice of such hearing was published in the Rich Hill Mining Review, a weekly newspaper of general circulation on the 14th of November 1991; and

WHEREAS, on the 26th day of November, 1991, the Board of Aldermen of the City of Rich Hill, Missouri, did determine that the annexation of the tracts of real property described in such notice is reasonable and necessary to the proper development of the City of Rich Hill, Missouri, and that the City has the ability to furnish normal municipal services to such area within a reasonable time; and

WHEREAS, all things required by Section 71.012 RSMo. 1978, as amended, have been done.

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

  1. The following described real property is hereby annexed to and made a part of the City of Rich Hill, Missouri, to with:

Tract 1:

The west half of the southwest quarter of the southwest quarter of Section 4, Township 38, Range 31, except the south 546.70 feet thereof; further except right of way of old Highway #71 off the west side thereof; and further except that part taken for right of way for new U.S. Highway #71 off the east side thereof as shown by Deed Book 447, Page 176, Bates County, Missouri.

Tract 2: 

A Part of the following described tract:  Commencing at the southwest corner of Section 4, Township 38 North, Range 31 West for the true point of beginning, thence S 89 deg. 06 min. east 438.4 feet and along the Section line to the west right-of-way lines of U.S. Route 71, thence N 14 deg. 43 min. East 551.5 feet along said west right-of-way line, thence North 87 deg. 58 min. West 559.4 feet to the west line of said Section 4, thence South 2 deg. 02 min. West 546.7 feet along said west line of Section 4 to the true point of beginning. The tract intended to be conveyed hereby is described as follows:  Beginning at the northwest corner of the above mentioned tract and running south on the west corner of the above mentioned tract and running south on the west line of the above described tract 85 feet, thence east 120 feet, parallel to the north line of above tract, thence north 85 feet, parallel to the west line of above tract, thence west to point of beginning EXCEPT 30 feet off the west side of said tract for public highway. Bates County,Missouri.

Tract 3

All of a tract described as commencing at the southwest corner of Section 4, Township 38 North, Range 31 West for true point of beginning, thence south 89 deg. 06 min. east 438.4 feet, along the section line to the west right-of-way line of New U.S. Highway No. 71, thence North 14 deg. 43 min. East 551.5 feet along said west right-of-way line, thence North 87 deg. 58 min. West 559.4 feet to the west line of Section 4, thence south 2 degrees 02 minutes west 546.7 feet along said west line of Section 4, to the true point of beginning , EXCEPT there from a tract described as beginning at the southwest corner of the SW quarter of the SW quarter of Section 4 aforesaid, thence east 212 feet, thence north 150 feet, thence west 212 feet, thence south 150 feet to the point of beginning of said excepted tract, and FURTHER EXCEPT a tract described as beginning at the northwest corner of first above described tract, running thence south 85 feet, thence east 120 feet, thence north to the north line of first above described tract, thence west 120 feet to the point of beginning.  ALSO EXCEPT from first above tract that part off the west side thereof for “Old U.S. Highway No. 71, and except any part off the south side thereof for public road or highway. Bates County,Missouri

Tract 4:

That part of the southwest quarter of the southwest quarter of Section 4, Township 38 North, Range 31 West of the 5th Principal Meridian in Bates County, Missouri, described as follows:  Commencing at the southwest corner of said Section 4, thence on an assumed bearing of north 02 degrees 02 minutes 00 seconds east along the west line of said Section 4 a distance of 546.70 feet to the point of beginning of the land to be described, thence south 87 degrees 58 minutes 00 seconds east a distance of 180.00 feet, thence north 02 degrees 02 minutes 00 seconds east a distance of 100.00 feet, thence north 87 degrees 58 minutes 00 seconds west a distance of 180.00 feet, thence south 02 degrees 02 minutes 00 seconds west a distance of 100.00 feet to the point of beginning. Bates County,Missouri.  Subject to easement for public road off the west and subject to all easements of record.

2.  The corporate limits of the City are hereby extended to include the above-described real property and henceforth the boundary lines of the City of Rich Hill, Missouri, shall enclose the above-described real property.

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

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

5.  This ordinance shall be in full force and effect from and after its passage and approval as provided by law.  Three certified copies of this ordinance shall be immediately filed with the Clerk of Bates County, Missouri, whereupon, this annexation shall be complete and final.

Read two times and passed this 14th day of January, 1992

_________________________________________

Gordon Turner-Mayor

__________________________________________

CarolCulver-Asst.CityClerk

 

            Ayes:  Larnal Martin, Joe McDaniel

1004 – Purchase of Real Property Lot 7 Block 75 in Original Town

ORDINANCE 1004

AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL PROPERTY

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

  1. The City of Rich Hill is hereby authorized to purchase from the legal owners thereof the following described land inBates County, Missouri, to with

All of Lot 7 in Block 75 in the Original Town, now City of Rich Hill, Missouri.

            For the total price and sum of $800.00, which said sum shall be paid to the Sellers on the date of closing.  The said purchase shall further be upon condition that the Sellers shall pay all real estate taxes, which may be levied on the said real estate during the calendar year 1991, and all prior years, and upon condition that Sellers shall convey marketable title as defined by the Title Examination Standards of the Missouri Bar by Warranty Deed.  To assure marketable title, the City ofRich Hillis authorized to purchase title insurance on the real property in an amount not to exceed the purchase price.

2.  The Mayor and City Clerk are hereby authorized to execute a contract for the purchase of the said real estate and such other documents as may be necessary in connection with the purchase.

 

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

 

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

 

Read two times and passed this 24th day of September 1991.

__________________________________

Gordon Turner-Mayor

__________________________________

Carol Culver-City Clerk

 

Ayes:  Larnal Martin, Joe McDaniels