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

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

Section 1 – Rates

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

         The first 20 kilowatt hour                                         See City Fee Schedule

              Next 1480 kilowatt hour                                          See City Fee Schedule

              Next 2000 kilowatt hour                                          See City Fee Schedule

              Next 5000 kilowatt hour                                          See City Fee Schedule

        All kilowatt hour in excess of 8500                          See City Fee Schedule

Section 2 – Billings

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

Section 3 – Delinquent Charges

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

Section 4 – Extensions

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

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

Section 5 – Disconnection of services and fees

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

Section 6 – Meter Readings

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

1. The first time the meter reading shall be estimated, and the user shall receive a letter stating the problem.

• The second time the meter reading shall be estimated, the user shall pay per the City Fee Schedule. The user shall receive a letter stating the problem.

• The third time, services shall be disconnected and shall remain disconnected until the problem is resolved and all fees for disconnection have been paid.  The refusal to permit inspection, maintenance, replacement or meter reading shall be a risk to the health and safety of the occupant and city.

Section 7 – Installation Fees

Connection fee                                               See City Fee Schedule

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

An additional pole                                          See City Fee Schedule          

Upgrade in service from 100-amp service

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

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

single phase

            Moving a pole from one location to              See City Fee Schedule           

            Another location 

1. Single phase service:

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

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

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

3. Businesses requiring a 3-phase transformer:

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

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

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

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

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

            Green                          See City Fee Schedule

            Yellow                                    See City Fee Schedule

            Red                              See City Fee Schedule

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

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

Section 9 – Services

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

Section 10 – All-electric Service Discount

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

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

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

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

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

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

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

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

      The first 50 kilowatt hour                               See City Fee Schedule

           Next 1480 kilowatt hour                                 See City Fee Schedule

           Next 2000 kilowatt hour                                 See City Fee Schedule

           Next 5000 kilowatt hour                                 See City Fee Schedule

     All kilowatt hour in excess of 8500                See City Fee Schedule

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

Section 11 – Security Lights

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

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

Section 12 – Work Meters

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

 Section 13 – Test Meters

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

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

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

First reading on this 10^th day of February 2021

Second reading on this 10^th day of February 2021

PASSED THIS 10^TH DAY OF FEBRUARY 2021

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Jason Rich, Mayor                                         

ATTEST:

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Casey Crews, City Clerk

Ayes:  Kassner, Robb, Tourtillott, Humble

Nays:  None

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

AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM:  AND PROVIDING RATES & PENALTIES FOR VIOLATIONS THEREOF:  IN THE CITY OF RICH HILL, COUNTY OF BATES, STATE OF MISSOURI.

Be it ordained by the Mayor and Board of Aldermen of the City of Rich Hill, State of Missouri, as follows:

ARTICLE I

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance Shall be as follows:

Section 1:             “BOD” (denoting Biochemical Oxygen Demand) Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20EC, expressed in milligrams per liter.

Section 2: “Building Drain” Shall mean that part of the lowest horizontal piping of a drainage system, which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the inner face of the building wall.

Section 3: “Building Sewer” Shall mean the extension from the Building Drain to the Public Sewer or other place of disposal.

Section 4: “Combined Sewer” Shall mean a Sewer receiving both surface runoff and sewage.

Section 5: “Garbage” Shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Section 6: “Industrial Wastes” Shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary Sewage.

Section 7: “Natural Outlet” Shall mean any outlet into a Watercourse, pond, ditch, lake or other body of surface or groundwater.

Section 8: “Person” Shall mean any individual, firm, company, association, society, corporation, or group.

Section 9: “pH” Shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Section 10: “Properly Shredded Garbage” Shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in Public Sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.

Section 11: “Public Sewer” Shall mean a Sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Section 12: “Sanitary Sewer” Shall mean a Sewer, which carries Sewage, and to which storm, surface and ground waters are not intentionally admitted.

Section 13: “Sewage” Shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as May be present.

Section 14: “Sewage Treatment Plant” Shall mean any arrangement of devices and structures used for treating Sewage.

Section 15: “Sewage Works” Shall mean all facilities for collection, pumping, treating and disposing of Sewage.

Section 16: “Sewer” Shall mean a pipe or conduit for carrying Sewage.

Section 17: “Shall” is mandatory; “May” is permissive

Section 18: “Slug” Shall mean any discharge of water, Sewage, or Industrial Waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

Section 19: “Storm Drain” (sometimes termed “storm Sewer”) Shall mean a Sewer, which carries storm and surface waters and drainage, and unpolluted cooling water, but excludes Sewage and Industrial Wastes.

Section 20: “City Superintendent” Shall mean the city representative of Sewage Works and/or Water Pollution Control of the City of Rich Hill, or his authorized deputy, agent, or representative.

Section 21: “Suspended Solids: Shall mean solids that either float on the surface of, or are in suspension in water, Sewage, or other liquids, and which are removable by laboratory filtering.

Section 22: “Watercourse” Shall mean a channel in which a flow of water occurs, either continuously or intermittently.

ARTICLE II

Section 1: It Shall be unlawful for any Person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Rich Hill, or in any area under the jurisdiction of said city, any human or animal excrement, Garbage, or other objectionable waste.

Section 2: It shall be unlawful to discharge to any Natural Outlet within the City of Rich Hill, or in any area under the jurisdiction of said city any Sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance

Section 3: Except as hereinafter provided, it Shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of Sewage.

Section 4: The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or May in the future be located a public sanitary or Combined Sewer of the city is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper Public Sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said Public Sewer is within one hundred and fifty (150) of the property line.

Section 5: The owner and occupier of any house, building or other structure which has such structure connected to either a public sanitary, Combined Sewer or other private Sewage disposal system Shall be responsible for maintaining, at his, her or its expense, the pipes or other Sewer connection running from such structure to the public sanitary, Combined Sewer or private Sewage disposal system (the “Sewer Connection Facilities”).  Where the City becomes aware of a leak appearing in the Sewer Connection Facilities, the City Shall give such owner and/or occupier of the property written notice thereof and such Person Shall immediately proceed to repair such Sewer Connection Facilities.  If such repair is not made within a reasonable time following such notice, as set forth in the notice, the City May discontinue water service to the property.  However, if in the judgment of the City, any leak in the Sewer Connection Facilities is of such a nature as to endanger public safety or welfare or constitute a nuisance or is the source of waste of any considerable amount of water, the City May cut off or discontinue such service without providing prior notice to the owner or occupier. However, the City will undertake to provide such notice as soon as reasonably possible after cutting off such service.

ARTICLE III:

Section 1: Where a public sanitary or Combined Sewer is not available under the provisions of Article II, Section 4, the Building Sewer Shall be connected to a private Sewage disposal system complying with the provisions of this article.

Section 2: Before commencement of construction of a private Sewage disposal system the owner Shall first obtain a written permit signed by the City Superintendent.  The application for such permit Shall be made on a form furnished by the city, which the applicant Shall supplement by any plans, specifications, and other information as are deemed necessary by the City Superintendent.  A permit and inspection fee as listed in the City Fee Schedule Shall be paid to the city at the time the application is filed.

Section 3: A permit for a private Sewage disposal system Shall not become effective until the installation is completed to the satisfaction of the City Superintendent.  He Shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit Shall notify the City Superintendent when the work is ready for final inspection, and before any underground portions are covered. 

Section 4: The type, capabilities, location, and layout of a private Sewage disposal system Shall comply with all recommendations of the Department of Public Health of the State of Missouri.  No permit Shall be issued for any private Sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet.  No septic tank or cesspool Shall be permitted to discharge to any Natural Outlet.

Section 5: At such time as a Public Sewer becomes available to a property served by a private Sewage disposal system, as provided in Article II, Section 4, a direct connection Shall be made to the Public Sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private Sewage disposal facilities Shall be abandoned and filled with suitable material.

Section 6: The owner Shall operate and maintain the private Sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

Section 7: No statement contained in this article Shall be construed to interfere with any additional requirements that May be imposed by the Health Officer.

Section 8: When a Public Sewer becomes available, the Building Sewer Shall be connected to said Sewer within ninety (90) days and the private Sewage disposal system Shall be cleaned of sludge and filled with suitable material.

ARTICLE IV

Section 1: No unauthorized Person Shall uncover, make any connections with or opening into, use, alter, or disturb any Public Sewer or appurtenance thereof without first obtaining a written permit from the City Superintendent.

Section 2: There Shall be two (2) classes of Building Sewer permits (a) for residential and commercial service, and (b) for service to establishments producing Industrial Wastes.  In either case, the owner or his agent Shall make application on a special form furnished by the city.  The permit application Shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City Superintendent. A permit and inspection fee listed in the City Fee Schedule for a residential or commercial Building Sewer permit and a fee listed in the City Fee Schedule for an industrial Building Sewer permit Shall be paid to the city at the time the application is filed.

Section 3: All costs and expense incident to the installation and connection to the Building Sewer Shall be borne by the owner, including but not limited to Sewer main damage; street, drainage, and sidewalk damage, other utility damage. The owner or the Person installing the building for said owner Shall indemnify said City from any loss or damage that May directly or in-directly be occasioned by said installation. Definition of a Sewer tap Shall be a 4-inch Sewer pipe with a minimum SDR of 35   installed from the Sewer main in the street or alley to the edge of the same street or alley easement.   The charge of installation of a Sewer tap Shall be as listed in the City Fee Schedule. The City’s water and Sewer personnel will install all Sewer taps or a contractor authorized by the City of Rich Hill.

Section 4: A separate and independent Building Sewer Shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private Sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the Building Sewer from the front building May be extended to the rear building and the whole considered as one Building Sewer.

Section 5: Old Building Sewers May be used in connection with new buildings only when they are found, on examination and test by the  City Superintendent, to meet all requirements of this ordinance.

Section 6: The size, slope, alignment, materials of construction of a Building Sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, Shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city.  In the absence of code provisions of in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 Shall apply.

a.      solid wall ABS plastic, SDR-35   conforming to A.S.T.M. Specification D-2751.  Joints Shall be by solvent welding or rubber gasket, or

b.      The Building Sewer Shall be constructed of approved pipe and fittings meeting the current ASTM specifications

c.      The Building Sewer Shall be constructed of approved pipe and fittings meeting the current A.S.T.K. specifications.

d.      All joints and connections Shall be made gas tight and watertight.  Connections between pipes of different materials Shall be made by adapters specifically designed for that purpose and Shall provide a gas and watertight connection.

  e.       Before joining the pipe in the trench, the bell and spigot surfaces Shall be wiped free of dirt or other foreign matter, A lubricant or sealer as recommended by the pipe manufacturer Shall be applied to the bell and spigot mating surfaces just before they are joined together.

f.       The spigot end Shall be positioned into the bell end of the pipe previously laid and Shall then be shoved home to compress the joint and to assure a tight fit between the interfaces.  Solvent welds Shall be made using materials specifically designed for the pipe used.  “All purpose glues” Shall not be used.

g.      The size and minimum slope of the Building Sewer Shall be as provided herein subject to the review and approval of the City Superintendent, but in no event Shall the pipe inside diameter be less than four (4) inches The following table Shall be to determine the Building Sewer line used size requirements:

            Inside Diameter    Maximum Discharge Flow Rate                      Minimum Grade

            4″                                    35 gal/min.                                        1.07.

            6″                                    90 gal/min.                                                    0.67.

            8”                                    150 gal/min.                                      0.47.

Whenever possible the Building Sewer Shall be brought to the building at an elevation below the basement floor.  The depth Shall be sufficient to afford protection from frost.  All excavations required for the installation of a Building Sewer Shall be open trench work unless otherwise approved by the said inspector.  Pipe laying and backfill Shall be performed in accordance with ASTM specification D2321 for plastic. except that no backfill Shall be placed until the inspector or his representative has inspected the work.

           h.        The Building Sewer line Shall be placed on bedding material with a minimum thickness of three (3) inches.  The bedding material Shall be used to provide a uniform bearing area for the pipe and joints.  Bedding material consists of crushed stone ranging in size from a maximum 1/2″ diameter to a minimum size, which is retained on a No. 4 size.  Over excavation of the trench Shall be backfilled to the proper grade using bedding materials.

           i.         In all buildings in which any Building Drain is too low to permit gravity flow to the Public Sewer, sanitary Sewage carried by such drains Shall be lifted by approved artificial means and discharged to the Building Sewer. No water operated Sewage ejector Shall be used.

   j.       The connection of the Building Sewer into the Public Sewer Shall be made at the “t” or “y” branch designated for that property if such branch is available at a suitable location.  Any connection not made at the designated “t”or ‘y” branch in the main Sewer, Shall be made only as directed by the said inspector. The connection of the Building Sewer into the Public Sewer Shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the S.P.C.F. Manual of Practice No. 9.  All such connections Shall be made gastight and watertight.  The City Superintendent before installation must approve any deviation from the prescribed procedures and materials.

           k.       Outside the foundation, the Building Sewer line Shall have a cleanout installed complete with a watertight cap installed at the ground surface. An additional cleanout Shall be placed at each bend in direction of forty-five (45) degrees or greater.  The alignment of the Building Sewer line Shall be straight with bends made using fittings designed for the degree of bend required.

           l.         All excavations for Building Sewer installations Shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways and other public property disturbed in the course of the work Shall be restored in a manner satisfactory to the said City.

ARTICLE V

Section 1:   No Person Shall discharge any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, other sources of surface runoff or groundwater, uncontaminated cooling water, or unpolluted industrial process waters to any Sanitary Sewer.

Section 2:   Storm water and all other unpolluted drainage Shall be discharged to such Sewers as are specifically designated as Combined Sewers or storm Sewers, or to a Natural Outlet approved by the City Superintendent.  Industrial cooling water or unpolluted process waters May be discharged on approval of the City Superintendent, to a storm Sewer, Combined Sewer, or Natural Outlet.

Section 3:   No Person Shall discharge or cause to be discharged any of the following described waters or wastes to any Public Sewers:

1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
2. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any Sewage treatment process, constitute a hazard in the receiving waters of the Sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the Public Sewer.
3. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the Sewage Works.
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in Sewers, or other interference with the proper operation of the Sewage Works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground Garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, mild containers, etc., either whole or ground by Garbage grinders.

Section 4: No Person Shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the City Superintendent that such wastes can harm either the Sewers, Sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance.  In forming an opinion as to the acceptability of these wastes, the City Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the Sewers, materials of construction of the Sewers, nature of the Sewage treatment process, capacity of the Sewage treatment plant, degree of treat ability or wastes in the Sewage treatment plant, and other pertinent factors.  The substances prohibited are:

1. Any liquid or vapor having a temperature higher than one hundred fifty (150) E F (65E C).
2. Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which May solidify or become viscous at temperatures between thirty-two  (32) and one hundred fifty (150) E F (0 and 65E C).
3. Any Garbage that has not been properly shredded.  The installation and operation of any Garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater Shall be subject to the review and approval of the City Superintendent.
4. Any waters or wastes containing strong acid iron, pickling wastes or concentrated plating solutions, whether neutralized or not.
5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite Sewage at the Sewage treatment works exceeds the limits established by the City Superintendent for such materials.
6. Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which May be established by the  City Superintendent as necessary, after treatment of the composite Sewage, to meet the requirements of State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
7. Any radioactive wastes or isotopes of such half-life or concentration as May exceed limits established by the City Superintendent in compliance with applicable State or Federal regulations.
8. Any waters or wastes having a pH in excess of the limit per the Missouri Department of Resources
9. Materials which exert or cause:
10. Unusual concentrations of inert Suspended Solids (such as, but not limited to, Fillers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).
11. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
12. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the Sewage treatment works.
13. Unusual volumes of flow or concentration of wastes constituting “Slugs” as defined herein.
14. Waters or wastes containing substances which are not amenable to treatment or reduction by the Sewage treatment processes employed, or are amenable to treatment only to such degree that the Sewage treatment plant effluent cannot meet the requirements of the other agencies having jurisdiction over discharge to the receiving waters.
15. Any waters or wastes having
16. A 5-day BOD greater than 300 parts per million by weight, or
17. Containing more than 350 parts per million by weight of Suspended Solids, or
18. Having an average daily flow greater than 2 percent of the average Sewage flow of the city Shall be subject to the review of the City Superintendent. 
19. Where necessary in the opinion of the  City Superintendent, the owner Shall provide, at his expense, such preliminary treatment as May be necessary to
20. reduce the biochemical oxygen demand to 300 parts per million by weight, or
21. reduce the Suspended Solids to 350 parts per million by weight, or
22. control the quantities and rates of discharge of such waters or wastes. 
23. pay additional surcharge (Reference is made to Appendix A of this Ordinance)

      BOD Surcharge = $0.49 per lb.

      SS Surcharge = $0.42 per lb.

• Plans, specifications, and any other pertinent information relating to propose preliminary treatment facilities Shall be submitted for the approval of the City Superintendent and no construction of such facilities Shall be commenced until said approvals are obtained in writing.

Section 5: If any waters or wastes are discharged, or are proposed to be discharged to the Public Sewers, which waters containing the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the City Superintendent, May have a deleterious effect upon the Sewage Works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the  City Superintendent May:

1. Reject the wastes,
2. Require pretreatment to an acceptable condition for discharge to the Public Sewers,
3. Require control over the quantities and rates of discharge, and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or Sewer charges under the provisions of Section 10 of the Article.

If the City Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment Shall be subject to the review and approval of the City Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.

Section 6: Grease, oil, and sand interceptors Shall be provided when, in the opinion of the  City Superintendent, they are necessary for the proper handling of liquid wastes, sand, or other harmful ingredients: except that such interceptors Shall not be required for private living quarters or dwelling units.  All interceptors Shall be of a type and capacity approved by the City Superintendent, and Shall be located as to be readily and easily accessible for cleaning and inspection.

Section 7: Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they Shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Section 8: When required by the City Superintendent, the owner of any property serviced by a Building Sewer carrying Industrial Wastes Shall install a suitable control manhole together with such necessary meters and other appurtenances in the Building Sewer to facilitate observation, sampling, and measurement of the wastes.  Such manhole, when required, Shall be accessibly and safely located, and Shall be constructed in accordance with plans approved by the City Superintendent.  The manhole Shall be installed by the owner at his expense, and Shall be maintained by him so as to be safe and accessible at all times.

Section 9: All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance Shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and Shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.  In the event that no special manhole has been required, the control manhole Shall be considered to be the nearest downstream manhole in the Public Sewer to the point at which the Building Sewer is connected.  Sampling Shall be carried out by customarily accepted methods to reflect the effect of constituents upon the Sewage Works and to determine the existence of hazards to life, limb, and property.  (The particular analysis involved will determine whether a twenty-four (24) hour composite of all outfalls or a premise is appropriate or whether a grab sample or samples should be taken.  Normally, but not always, BOD and Suspended Solids analyses are obtained from 24-hour composites of all outfalls whereas pH analyses are determined from periodic grab samples.)

Section 10:  No statement contained in this article Shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an Industrial Waste of unusual strength or character May be accepted by the city for treatment, subject to payment therefore, by the industrial concern.

ARTICLE VI

Section 1: No unauthorized Person Shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the Sewage Works.  Any Person violating this provision Shall be subject to immediate arrest under charge of disorderly conduct.

ARTICLE VII

Section 1: The City Superintendent and other duly authorized employees of the city bearing proper credentials and identification Shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance.  The  City Superintendent or his representatives Shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the Sewers or waterways or facilities for waste treatment.

Section 2: While performing the necessary work on private properties referred to in Article VII, Section 1 above, the City Superintendent or duly authorized employees of the city Shall observe all safety rules applicable to the premises established by the company and the company Shall be held harmless for injury or death to the city employees and the city Shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such May be caused by negligence or failure of the company to maintain safe conditions as required by this ordinance.

Section 3: The City Superintendent and other duly authorized employees of the city bearing proper credentials and identification Shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Sewage Works lying within said easement.  All entry and subsequent work, if any, on said easement, Shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

ARTICLE VIII

Section 1: Any Person found to be violating any provision of this ordinance except Article VI should be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender Shall, within the period of time stated in such notice, permanently cease all violations.

Section 2: Any Person who Shall continue any violation beyond the time limit provided for in Article VIII, Section 1, Shall be guilty of a misdemeanor, and on conviction thereof Shall be fined in the amount not exceeding an amount listed in the City Fee Schedule for each violation.  Each 24-hour period in which any such violation Shall continue Shall be deemed a separate offense.

Section 3: Any Person violating any of the provisions of this ordinance Shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.

Section 4: The remedies provided for in this Article VIII Shall be in addition to such other remedies as are provided in this Ordinance, including the discontinuance of water service to the property as provided for in Article II, Section 5 of this Ordinance.

ARTICLE IX

Section 1:  It is determined and declared to be necessary to the protection of the public health, safety, and welfare of the City to collect charges from all users who contribute wastewater to the City’s treatment works in a fair and equitable manner.  The proceeds of such charges so derived will be used for the purpose of operating and maintaining such public wastewater treatment works.

Section 2: Each user Shall pay for services provided by the City based on his use of the treatment works as determined by water meter(s) acceptable to the City.

Section 3: Monthly user charges will be based on each user’s monthly water usage.  Each user inside the city limits will pay a minimum charge as listed in the City Fee Schedule. Each user will pay a user charge rate for operation and maintenance in the amount as listed in the City Fee Schedule. Users outside the city limits will pay a minimum charge as listed in the City Fee Schedule. Each user will pay a user charge rate for operation and maintenance in the amount listed in the City Fee Schedule.

Section 4: In instances where more than one (1) customer is served by one (1) water meter, the property owner will receive a bill for the total amount of Sewer charge due and Shall be duly notified that it is the property owner’s responsibility to guarantee that the Sewer billing is paid in full.

Section 5:  All Sewer service charges established by this ordinance Shall be part of but noted as a separate item on the water bill of each user, and Shall be billed, collected, and become delinquent at the same time and in the same manner as the water bill.  Any user of the city’s Sewer system who is delinquent in the payment of the Sewer service charge provided herein Shall be disconnected from the city water service and from the Sewer system in the same manner and at the same time as provided for in other ordinances for disconnection from the water system. 

Section 8:  Wastewater service charges Shall be reviewed annually by the City and may be reviewed at such other times as the City in its discretion may require or permit.

Section 9:  A customer may receive one extension per year on your utility bill.   The user must have an active account with the City of Rich Hill for 6 months.  A year will be from January 1^st to December 31^st.  The user will be required to pay 25% of the bill at the time the extension is given and must pay 25% per week until the bill is paid in full.

Section 10:  A customer will not be charged sewer charges on water to fill a pool as long as they meet the following requirements.

ABOVE GROUND POOLS

1. They can only get this credit one time a year.
2. Must notify city hall of the date for the pool to be filled.
3. Must submit a copy of the pool specifications in regards to how much water the pool holds.
4. City will take a reading before the pool is filled and a reading after the pool is full to make sure the water was used.

BELOW GROUND POOLS

1. They must agree to drain part of the water in front of the City Superintendent so that we can verify the drain system is not attached to the sewer system. 
2. They can only get this credit one time a year.
3. Must notify city hall of the date for the pool to be filled.
4. Must submit a copy of the pool specifications in regards to how much water the pool holds.
5. City will take a reading before the pool is filled and a reading after the pool is full to make sure the water was used.

Once all specifications have met, City Hall will make the adjustment to the billing.  The adjustment will be for, only the water used to fill the pool in accordance with the pool specifications provided. 

ARTICLE X

Section 1: All ordinances or parts of ordinances in conflict herewith are hereby repealed.  .

Section 2: The invalidity of any section, clause, sentence, or provision of this ordinance Shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.

ARTICLE XI

Section 1: This ordinance Shall be in full force and effect from after its passage, approval, recording, and publication as provided by law.

Section 2:

First Reading February 10, 2021

Second Reading February 10, 2021

Read two times and passed and adopted by the Board of Aldermen of the City of Rich Hill, State of Missouri on the 10^th day of February 2021, by the following vote:

Ayes: Robb, Tourtillott, Humble, Kassner

Nays: None

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

 ________________________________________

Jason Rich, Mayor                                                   

Attest:

_________________________________________

Casey Crews, City Clerk

 

AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF THE WATER SUPPLY SYSTEM TO BE CONSTRUCTED AND OWNED BY THE CITY OF RICH HILL, MISSOURI

______________________________________________________________________________

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

Section 1 – General

These Rules and Regulations are adopted to govern the water services provided by the Owner in a uniform manner for the benefit of the Owner and its water Users and are subject to change as herein provided without notice to any water Users or any other person. All changes shall be approved by the State Director of the United States Department of Agriculture, Rural Development as long as the Owner has unpaid obligations that are held or insured by the United States of America. Any amendment or change to the Rules and Regulations shall be effective on the date the amendment or change is passed by the Owner or on any date as the Owner may designate. An amendment or change shall not be effective unless approved by the USDA, Rural Development, as provided herein. If approval is given by the USDA, Rural Development, the approval shall be retroactive to the date of the change or amendment, as provided herein or as otherwise provided by the Owner. If any portion of these Rules and Regulations are declared invalid by competent authority, that invalidity shall not affect the validity of the remaining provisions.

Section 2 – Definitions

The following expressions, words and terms when used herein shall have the meaning stated below:

Applicant:  Any individual, firm, partnership, corporation, Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government, or other agency applying for a Water User’s Agreement.

City:  Rich Hill, Missouri

Consumer:  See “User or Consumer” below.

Customer:  See “User or Consumer” below

Landowner:  Any person owning property or who has a leasehold interest therein with more than one year to run that is served by the water system of the Owner. The term “landowner” shall also include life tenants, but the Owner may, at its discretion, require remainder men to enter into any agreement with the property owner required pursuant to these Rules and Regulations.  The remainder men shall be bound by these Rules and Regulations in all respects.

Multiple-unit residence:  A dwelling unit housing more than one family, and shall include duplexes, triplexes, fourplexes, apartments and all similar structures and residences,

Owner or City:  Rich Hill, Missouri

Point of Delivery:  The point of delivery shall be at the meter, unless otherwise specified in the Water User’s Agreement or in any other agreement where it is mentioned.

Service:  The availability of water for the User, subject to the provisions of these Rules and Regulations. Service shall be available when the Owner maintains the water supply at a minimum of 20 p.s.i. pressure at the point of delivery, with the service line static, in readiness for the User, regardless of whether the User uses the water.

State Director:  The State Director of the USDA, Rural Development for Missouri.

User or Consumer:  Any individual, firm, partnership, corporation, Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government, or other agency receiving water and waste services, or to whom water services are made available from the Owner’s facilities pursuant to a written Water User’s Agreement.

Water Purveyor:  Designated employee of the City who shall oversee the water distribution system.

Water Service:  A water service shall consist of facilities for supplying water to one residence or business establishment located on land within the jurisdiction of the Owner.

Water User’s Agreement:  The written contract between the water User and the Owner pursuant to which water service is supplied or made available.

Section 3 – Rate Schedule

1. Rate schedules for water and water service shall be set by the Owner.  The rate schedule is subject to change by the Owner, with the approval of the State Director of the USDA, Rural Development. If a provision of the Rules and Regulations conflicts with the provision of the rate schedule, the provision of the rate schedule shall prevail.

2. If the total amount of revenue and income derived from the water rates is insufficient to meet the payment of the costs of operation, maintenance, depreciation, necessary extensions and enlargements and payment of the principal and interest on any general and special obligation bonds then outstanding, with their attendant obligations pursuant to the terms of the bonds and the authorizing resolutions, the Owner shall increase the water rates the first month and each month thereafter in an amount sufficient to meet these costs and obligations.

3. The rate for water service to customers of the waterworks by the City shall be as listed in the City Fee Schedule.
4. The Missouri Primacy Fee for water customers served by the City shall be as listed in the City Fee Schedule.

The annual Missouri Primacy Fee for water customers served by the City shall be prorated as a charge on each monthly utility billing, beginning on the September 1, 2006 utility billing. The City shall remit to the Missouri Department of Revenue (DOR) such portion of the Missouri Primacy Fee collected from customer accounts that are owed to the DOR.

Section 4 – Applications        

Users shall submit a written application for a Water User’s Agreement to the Owner.  The Owner shall prescribe the form of the application.

Section 5 – Water Users’ Bills

1. Bills for water service shall be mailed by the first day of the month following the close of the period for which the service was received.   All bills for water service shall be due and payable on the 15^th day of the month. When the 15^th day of the month falls on a day that city offices are closed, the bill shall be due on the next business day. Payment must be received by 5:00 p.m. at City Hall.
   1. If the bill remains due and unpaid thereafter, a late charge as listed in the City Fee Schedule will be assessed. Delinquent amounts and late charges shall be due and payable on the 20^th day of the month by 5:00 p.m. When the 20^th day of the month falls on a day that city offices are closed, the bill shall be due on the next business day.
   2. Delinquent amounts less than the amount listed in the City Fee Schedule will be added to the next regular bill with no further notification and service will not be subject to termination.
   3. If the delinquent bill is not paid by the 20th day of the month, service shall be disconnected without the necessity of notice to the User. An administrative fee listed in the City Fee Schedule will be assessed to the User’s account. Service will only be reinstated upon full payment of the delinquent amount, late charges and administrative fee. Payments received after 3:00 p.m. will be schedule for reconnection on the next business day.
   4. Failure of the User to receive a service bill shall not excuse the User from his, her or its obligation to pay for the water used when the bill is prepared. 
   5. The Owner, its agents or employees shall not suffer any liability for any damage resulting to the User or any property of the User or the landowner of the property occupied by the User. The Owner, its agents and employees shall not be liable to the User or the landowner for any property used, held, occupied, rented or leased by the User when disconnection is made according to these Rules and Regulations, and it shall be immaterial that notice of such disconnection was not given to the User or to the property owner.

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

1. The first time, the meter reading shall be estimated, and the User shall receive a letter stating the problem.
2. The 2^nd second time, the meter reading shall be estimated, the User shall pay an additional charge as listed in the City Fee Schedule, and the User shall receive a letter stating the problem.
3. The third time, the service shall be disconnected and shall remain disconnected until the problem is resolved and all fees for disconnection have been paid. Fees are listed in the City Fee Schedule.

3. A User may receive one extension per year on his or her bill. A year shall run from January 1^st to December 31^st.  The user shall have an active account with the City for 6 months. The User shall pay 25% of the bill at the time the extension is given and shall pay 25% per week until the bill is paid in full.         

Section 6 – Service

1. Readiness to Accept:  Before installing a service extension and providing water, the Owner may require the Applicant to pipe his home and be ready to accept the service.
2. Service for Sole Use of the Water User: 
   1. The standard water service connection shall be for the sole use of the User and shall not permit the extension of pipes to transfer water from one property to any other person or business.
   2. The User shall not share, resell or sub meter water to any other person or business.  If an emergency or specific situation makes such an arrangement advisable, it shall be done only on specific written permission of the Owner for the duration of the emergency.
   3. No more than one residence shall be served by one water service connection.  A farm containing one residence and other buildings for use in the farming operation shall be considered as one residence, and the User may use water from one meter for all such buildings.
   4. When a farm contains two or more residences, a meter shall be required for each residence unless the Owner finds that requirement to be a significant hardship upon the User.  Under that circumstance, a special agreement may be made concerning the additional residence. The rules for a multiple-unit dwelling shall be applied to determine the rate for a farm containing two residences, but only one meter.
3. Hardship Agreements:  When the location of the meter would, in the Owner’s opinion, cause undue hardship and expense on the User, the Owner may enter into a special agreement whereby a right-of-entry is granted to the Owner to read a meter placed on private property for remotely located residences or remotely located water uses. A special agreement shall be in writing, and no User or Applicant for service shall have any right to force the Owner to enter into a special agreement.  A special agreement shall be entered into solely at the discretion of the Owner. The Owner may in the alternative apply the multiple-unit residence rule stated in these Rules and Regulations.
4. Continuity of Service/Owner Not Liable: 
   1. The Owner shall make all reasonable efforts to provide notice of service interruption for making repairs, connections, extensions or for other necessary work. Whenever possible, efforts shall be made to notify Users who may be affected by interruptions.
   2. The Owner shall not be liable for losses that occur due to or for:
      1. necessary interruptions; 
      2. interruptions to service for any other cause;  
      3. failure to notify any User of any interruption.
5. Installation/Removal Fees:
   1. A water tap is a water pipe installed by the City’s water personnel or a contractor authorized by the City from the edge of the City’s easement to the street or alley where the water main is located.
      1. Customers inside the City Limits:  Installation of a ¾ inch water tap shall be the amount listed in the City Fee Schedule.  The charge for any other size will be the amount listed in the City Fee Schedule.
      2. Customers outside the City Limits: Installation of a ¾ inch water tap shall be the amount listed in the City Fee Schedule.
      3. The charge for any other size shall be amount listed in the City Fee Schedule.
      4. Customers shall pay a connection fee as listed in the City Fee Schedule.
   2. If the property owner requests removal of the water meter and the meter well filled in, he or she shall submit an application in writing to the City Clerk.  The fee for removal shall be the same as for installation of service as set forth in Section 5 of this ordinance. The application shall include an agreement that future requests for installation of water service to this location shall incur the same rate as a new installation. The agreement shall be filed with the Bates County Recorder’s office at the expense of the property owner. 

6. Deposits – The Deposit section will take effect on February 10^th, 2020.
   1. Before services are connected, each customer shall complete a Rich Hill Customer Utility Application form that shall be submitted to the ONLINE UTILITY EXCHANGE reporting service.
   2. A fee listed in the City Fee Schedule per applicant shall accompany the Customer Utility Application.
   3. Upon the basis of the report from the ONLINE Utility Exchange, the required deposit shall be as follows:

                        Green                                                  No deposit required

                        Yellow See City Fee Schedule plus payment in full of any outstanding monies owed to the City of Rich Hill

                        Red See City Fee Schedule plus payment in full of any outstanding monies owed to the City of Rich Hill

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

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

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

7. Work Meters 
   1. If a Customer has an existing account with the City, that Customer may receive a construction account to perform any necessary work on the house or the property for a period of one month. The cost of the construction account shall be an amount listed in the City Fee Schedule.
8. Service:
   1. The Owner shall install all water service pipes from its mains to the meters on property abutting the right-of-way along which the main is installed insofar as its current financial responsibilities, obligations and conditions shall permit and, insofar as adequate water pressure is available, at the point of delivery requested by the Applicant or User. The service pipe shall not be less than ¾ inches.  The Owner shall install and pay for the Owner’s main connection, meter and meter setting. The meter shall be set on the User’s premises as designated by the Owner. The charge for service to the Owner shall be as specified herein or as otherwise provided by the Owner, but in no event shall the charge to the User be less than the cost to the Owner.
   2. Service shall be provided only to the individual that signs the original work order or to the owner of a business or industry. Service shall not be provided to anyone whose immediate household includes a member who has an unpaid bill.
   3. Any person having an unpaid bill with the City shall not obtain service by means of misrepresentation or by making application in the name of another family member or household member.  If any person should obtain service in this manner, then the past bill shall become due and payable immediately, and the balance due shall be added to the Customer’s next monthly utility bill.  An unpaid bill is any account owed to the City for services that have not been paid or satisfied within 60 days. If it is found that any person having an unpaid bill moves to a residence receiving services, a letter shall be sent with a payment plan. The plan shall state that payment arrangements on delinquent accounts $500 or less shall be paid in full within 90 days and over $500 shall be paid in full within 6 months from the date of the letter. Payments shall be made in equal amounts every month. If a payment is missed, services shall be disconnected at the current residence.
   4. A separate and independent building water service shall be provided for every building except where one building stands at the rear of another on an interior lot and no private water is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. Under those circumstances, the building water service from the front building may be extended to the rear building and the whole considered as one building water service.
   5. All Consumers shall pay for the pipe, connections and necessary installation work from the water main to the end of the Consumer’s service line. All Consumers shall maintain and repair the same from the connection on the main to the end of their service line. The City Superintendent shall keep a correct and complete list of all Consumers, make a monthly reading of all meters used by Consumers and make a monthly report of the readings in writing to the City Clerk. 
   6. At the point of delivery, the City shall provide the User in such quantity as required by the User specified potable treated water that shall meet the applicable purity standards of the Missouri Division of Health.
   7. The City shall deliver water at a reasonable constant normal pressure from a point located at the property line of the City. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fires, earthquake or other catastrophe shall excuse the City from this provision for such reasonable periods of time as may be necessary to restore service.
   8. The User shall permit installation at the User’s property line such valves or curb stops required by the City, as well as any necessary metering equipment and required devices needed by the City to properly measure the quantity of water delivered to the User and calibrate the metering equipment whenever requested by the City. Thereafter, the User shall provide, install, operate and maintain, at its own expense, all water lines. All pipes, valves and curb stops shall remain the property of the User.
   9. The User shall grant the City an easement to enter upon the User’s property to inspect and control as necessary all pipes, lines or between pipes and lines for the transmission of water.
   10. The User shall not provide water received from the City to any family, individual, business, dwelling unit or other party without first obtaining written consent from the City.
   11. The City shall at all times operate and maintain its system in an efficient manner and shall take action necessary to provide the User with required quantities of water. Temporary or partial failure to deliver shall be remedied with all possible dispatch. In the event of an extended shortage of water or in the event the supply of water available to the City is otherwise diminished, the supply of water to the User shall be reduced at the City’s discretion, with preference shown for the City Consumers. The City shall not be liable for any damage or loss to any User because of the City’s preference for the City Consumer.

9. Right to Inspect:  Representatives of the Owner shall, at all reasonable hours, be permitted to enter upon the User’s premises to read and test meters, inspect piping and perform other duties for the maintenance and operation of service or remove its meters and equipment upon discontinuance of service by the User.

10. Inspection of Piping Work:  All piping work connected with the Owner’s main shall be submitted for inspection by the Owner before any underground work is covered. Whenever the Owner determines that a job of plumbing is obviously defective, although not in direct violation, the Owner may require that it be corrected before the water will be provided to the User. The Owner may prescribe the type of materials and the standard of workmanship to be followed in enforcing this section.

11. Intercepting Tank Required for Large Customers:  Service pipes shall not be connected to the suction side of pumps. A supply requiring a large quantity of water within a short period shall not be permitted except through intercepting or intermediate storage tanks.

12. Check Valves, Flush Valves and Vacuum Breakers:  Users having boilers or hot water systems connected with mains of the Owner shall have a check valve in the supply pipe to the boilers and hot water heating systems, with a release valve at some point between the check valve and the heating system. All Users are hereby cautioned against danger of collapse of boilers since it is sometimes necessary to shut off the supply of water without notice, and for this reason, a vacuum valve shall be installed in the steam lines to prevent collapse if water supply is interrupted. The Owner shall not be responsible for accidents or damages resulting from the imperfect action or failure of any valves.

13. Garden Meter
    1. If a Customer has an existing account with the City for the purchase of water, that Customer may have a garden meter supplied and installed by the City or its contractor at the residence covered by the water account. The garden meter used by the Consumer shall be for the sole and exclusive purpose of monitoring water to be discharged upon a Consumer’s yard and/or garden. Under no circumstances shall any water flowing through a garden meter be used inside the residence, removed from the residence or used for any other purpose.
    2. Ownership of the garden meter shall remain at all times with the City, and the City shall repair or replace the garden meter that is damaged through no fault of the Customer or his or her invitees, licensee, guests or family members. If a garden meter is damaged, destroyed, lost or disappears as a result of any fault of the Customer or his or her invitees, licensee, guests or family members, the Customer shall reimburse the City for the costs of repair and/or replacement of the garden meter.
    3. The cost for installation of the garden meter and for its use by the Customer shall be an amount listed in the City Fee Schedule, regardless of how long the garden meter is actually used by the Consumer. The amount listed in the City Fee Schedule shall, at a minimum, be paid by the Customer over a period of 8 months, with the first payment made on the date the garden meter is installed, and a like payment on the first day of each month thereafter until the full amount listed in the City Fee Schedule has been paid.
    4. In addition to the fee for installation and use of the garden meter, the Customer shall be charged each month for the water actually flowing through the garden meter in accordance with the rate schedule. No sewer charge shall be assessed on the water dispensed through the garden meter.
    5. Once a garden meter is installed, the Customer shall remain a water customer of the City for at least 12 months from the date the garden meter is installed.  If a Customer ceases being a water customer of the City at the location where the garden meter is installed prior to the expiration of the 12-month term, the Customer shall still pay the minimum monthly water service fee for the remainder of that 12-month period, along with any balance owed for the installation of the garden meter.
    6. If the Customer defaults on payments regarding installation of the garden meter, the City may terminate all water service to that Consumer. In the event of such termination, the Customer shall still be responsible for paying the balance owed for the installation of the garden meter and the balance of any water bill owed to the City.
    7. When the Customer’s water account with the City is terminated, the garden meter shall be returned by the Customer to the City in the same condition it was at the commencement of its use by the Customer, reasonable wear and tear excepted.

Section 7 – Applicants Having Excessive Requirements 

If an Applicant’s water requirements exceed the Owner’s ability to supply it from existing physical assets without adversely affecting service to other Users, the Owner shall not be obligated to render such service, unless and until suitable financing is provided by the Applicant to cover the additional physical assets. The Owner shall not have any obligation to reimburse the Applicant for physical assets provided.

Section 8 – Leaks in Consumer’s installation

1.     The Consumer shall keep his service pipes free from leaks at all times. If a leak  appears in a Consumer’s installation, the City shall give the Consumer written notice thereof, and the Consumer shall immediately repair the service pipe. If the repair is not made within 48 hours after written notice has been provided to the Consumer, the City may discontinue service.

2.     If, in the judgment of the City, any leak on the Consumer’s installation is a danger to public safety, constitutes a nuisance or is a waste of any considerable amount of water, the City may cut off or discontinue the service without prior notice to the Consumer.

Section 9 – Water meter repair/damage

1. If a water meter in service ceases to register properly because of wear and tear, defects or other faults of the meter, it shall be repaired or replaced with another meter by the City without charge.

2. If the meter has been destroyed or is damaged by hot water or by accidental or willful breakage, the expense of repairing or replacing the meter shall be paid by the Consumer at the rate listed in the City Fee Schedule.

Section 10 – Rural Water Customers

1. Rural Water Customers shall submit an application to the Board of Aldermen for approval for provision of water services. Service applications shall be approved on an individual basis.

2. All provisions of Section 6 services shall apply to Rural Water Customers.

3. The City may, at its option, provide, install, operate and maintain at its own expense, at point of delivery at the corporate limits of the City, the necessary metering equipment to measure the quantity of water delivered to Rural Water Customers and similar Users.

4. Either party may terminate this Agreement by providing a 30-day written notice to the other party of its intention to terminate. If the Rural Water Customer violates any of the provisions of this Agreement, the City, at its option, may terminate the supply of water to the User without further notice.

Section 11 – User’s Duty Regarding Service Lines

1. The User’s service pipe and all connections and fixtures attached thereto shall, at the Owner’s discretion, be subject to inspection by the Owner before the water will be turned on. All properties receiving water and all service pipes, meters and fixtures, including any and all fixtures within any improvements or buildings on the properties, shall at all reasonable hours be subject to inspection by any duly authorized employee or agent of the Owner.

2. All service pipes shall be laid at all points at least 42 inches below the surface of the ground and shall be placed on firm and continuous earth so as to give unyielding and permanent support.  Service pipes shall not be laid in sewer ditches. Service pipes shall be installed in the trench at least 18 inches in a horizontal direction, in undisturbed earth, and separate from any other trench where gas pipe, sewer pipe or other facility is laid regardless of whether the service is for public or private service.  The service line shall not pass through premises other than that to be supplied unless the Owner agrees to such in writing.

3. A User shall, at his or her own cost, make all changes in the service pipe required or rendered necessary due to changes in the street grades, relocation of mains or other causes.  No fixture shall be attached to, or any branch made in, the service pipe between the main of the Owner and the meter.

4. Any repairs or maintenance necessary to the service pipe or any pipe or fixture in or upon the User’s premises shall be performed by the User at his sole expense and risk.  Service pipes shall be kept and maintained in good condition and free from all leaks.  The water supply may be discontinued to any User who fails to repair or maintain the service pipe and any other pipe or fixture upon his or her premises.

5. The Owner shall in no event be liable for any damage done to or inconvenience caused by reason of any break, leak or defect in, or by water escaping from service pipes, or from fixtures on the premises of the Owner or User.  The User shall be billed in the usual manner for the cost of all water according to the rate schedule as set forth herein.

Section 12 – Water Users Requiring Uninterrupted Supply

The Owner shall endeavor to provide reasonable service, but does not guarantee a sufficient or uniform pressure, or an uninterrupted supply of water.  Users are cautioned to provide sufficient storage of water where an absolutely uninterrupted supply must be assured, such as for steam boilers, hot water heating systems, gas engines, etc.

Fixtures or devices taking a supply of water directly from the service pipes shall do so at the risk of the party making such attachments, as the Owner shall not be responsible for any accidents or damages to which such fixtures or devices are subject.

Section 13 – Fire Hydrants

Private fire hydrants may be installed by a written agreement with the Owner.  The Owner shall take into account all possible costs to the Owner and shall charge an equitable price according to all the cost factors that have been considered.  Public fire hydrants may be installed by special agreement with the state, a municipality, political subdivision or political corporation, and the Owner shall take into consideration the same factors when entering into such a contract.

If the Owner undertakes to provide fire hydrants as a part of the service to the Users of the Owner, then all Users of the Owner shall be provided with substantially the same degree of benefit from the hydrants.  If a substantially same degree of benefit is not possible, then those receiving a higher degree of benefit shall pay an additional charge above the rates herein provided for the additional benefit.  Such rates shall be equitable to all Users and shall depend upon cost studies made by the Owner’s employees or consultants.

Section 14 – Meters

1. Meters Furnished by Owner:  Meters shall be provided, installed, owned, inspected, tested and kept in proper operating condition by the Owner without cost to the User.  The User shall pay a non-refundable connection fee as set forth in these Rules and Regulations.  The complete record of meter histories may be kept if deemed necessary by the Owner.

2. Meter Location:  Meters shall be set in an accessible place on the outside of buildings, except where otherwise directed by the Owner.  All meters shall be set horizontally and never connected into a vertical pipe.  Meters outside of the buildings shall be placed in meter boxes provided and installed by the Owner.

3. User’s Responsibility:  The User shall be responsible for any damage to the meter installed for his service for any cause other than normal wear and tear.

Section 15 – Discontinuance of Water Service

Service shall be discontinued to any User or property due to a temporary vacancy upon written request of the User by submitting a work order request at City Hall.  The request for discontinuance shall not in any way affect the Agreement in force or the payment of all charges due as provided in these Rules and Regulations.

If an Applicant for services purchases or acquires property and holds title thereto and the previous landowner discontinued water service other than because of the temporary vacancy, the Applicant shall not be required to pay the above reconnection charges as a result of the conduct or actions of the previous landowner, but shall be required to pay only connection charges and meter deposits as provided for in this ordinance. 

Except for failure of the User to pay the bill owed for service, the Owner shall not discontinue the service of any User for violation of any Rule or Regulation without written notice of at least two days, mailed to the Customer at his address as shown upon the Owner’s records, or personally delivered to the User or a member of the household, advising the User what Rule has been violated and that the service shall be discontinued if the violation continues.  However, when misrepresentation of water use is detected, or if the Owner’s regulating or measuring equipment has been tampered with, or if a dangerous condition exists on the User’s premises, service may be shut off without notice in advance.  Subject to the foregoing provisions, service rendered under any application, contract or agreement may be discontinued by the Owner for any of the following reasons:

1. Willful or indifferent waste of water for any cause.

2. Failure to protect the meter and connections from damage, or failure to protect and maintain the service pipe or fixtures on the property of the User (or the property occupied by the User) in a condition satisfactory to the Owner.

3. Tampering by the User, or others with the knowledge of the User, with any meter, connections, service, pipe, curb cock, seal, valve or any other appliance of the Owner’s that controls or regulates the User’s water supply.

4. Failure to provide the Owner’s employees free and reasonable access to the property supplied, or for obstructing the way of ingress to the meter or other appliances controlling or regulating the User’s water supply.

5. Non-payment of any account for water supplied, water service, or meter or service maintenance, or any other fee or charge accruing under these Rules and Regulations.

6. Vacancy of the premises.

7. Violation of any of the Rules and Regulations.

8. Performing or permitting any practice or act prohibited by the Missouri Division of Health.

9. Failure to allow any Owner’s employee, officer, agent, or representative to inspect the User’s premises for any purpose set forth in these Rules and Regulations.

The City Superintendent may disconnect services or send a written notice for any violations.

The discontinuance of water to a property for any reason shall not prevent the Owner from pursuing any lawful remedy by action at law or otherwise for the collection of monies due from the User or property owner.

Only an employee, officer or agent of the Owner may turn on water, and all Applicants and Users are expressly forbidden to do so.

Section 16 – Agreements with Governmental and Public Bodies

The Owner may make specific water service contracts with the United States of America and its agencies, the State of Missouri and its agencies, school districts and municipal corporations, and all other political subdivisions of the State of Missouri and of the United States of America, that differ from stipulations set out in the rate schedule and Rules and Regulations.  Such contracts shall receive written approval by the State Director before being placed into effect.

Section 17 – Main Extensions

Extensions of water mains and lines may be made by the Owner upon written application on a form approved by the Owner.  If an application is approved, the main or line shall be extended provided that:

1. The Applicant shall pay all construction, engineering and legal expenses of an extension.  Payment shall be made in advance to the Owner or, at the Owner’s discretion, may be placed into a special escrow account.  If the cost and expense of the construction is not ascertainable, the cost shall be estimated and that amount shall be paid to the Owner or put in a special escrow account.  The Applicant shall pay any additional costs incurred for the extension.
2. Before granting or entering into an Agreement for an extension, the Owner shall first determine that the extension shall not materially adversely affect the service rendered to any existing Customers. If the Owner determines, based upon information provided by its employees and consultants, that an extension would have a material adverse effect upon existing Users, then the Owner shall not grant an extension.
3. If an Applicant desires to perform the construction, the Applicant shall pay all engineering, legal and administrative costs incurred by the Owner incident to the approval of the plans and specifications for construction of the improvements, the perfecting of all rights-of-way and other costs incident to the construction. 
   The construction and materials shall be inspected by a qualified inspector designated by the Owner.  The cost of the inspector shall be paid by the Applicant.  All plans and specifications for main extensions or improvements shall be approved by the Owner and the appropriate agency of the State of Missouri.
4. Upon satisfactory completion and testing, the improvements shall be dedicated, free and clear of all encumbrances, to the Owner.

Section 18 – Multiple-Unit Dwellings

The landowner of a multiple-unit residence shall acquire a water meter for each unit.

In the alternative, the landowner of a multiple-unit residence may enter into a special written agreement with the Owner whereby:

1. All units of the residence are served by one water meter;
2. The total gallons used during each billing period, as determined by the rate schedule shall be divided by the number of units in the residence;  
3. The User shall be charged for each individual unit within the multiple-unit residence on a pro-rata basis, as though that amount of water was used for the billing period by an individual User;
4. Each User in a unit shall pay the water rate as set forth in the rate schedule for the User’s proportionate share of the water as though the User were an individual User in a one-family residence;
5. The landowner of the property shall be responsible for payment of all the bills of all the units within any multiple-unit residence; and
6. The amount of the water meter deposit shall be determined by the Owner as herein set forth.

The Owner shall be the sole judge and shall have full authority to determine how many units are contained in a residence and that determination shall be final and binding upon the landowner of any multiple-unit residence and upon any User therein.

Section 19 – Liability of Owner

The Owner shall not in any way or under any circumstances be liable or responsible to any person or persons for any loss or damage from any excess or deficiency in the pressure, volume or supply of water due to any cause whatsoever.  The Owner shall use reasonable care and diligence to prevent and avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur.

The Owner shall not be liable or responsible for any claim made against it because of any mains or service pipes breaking, or for any interruption of the supply of water caused by the breaking of machinery or stoppage for necessary repairs, and no persons shall be entitled to damages or have any portion of a payment refunded for any interruption of service.

Section 20 – General

No person shall turn the water on or off at any street valve, corporation cock, curb cock or other street connection, or disconnect or remove any meter without the consent of the Owner, except in the case of escaping water

No employee or agent of the Owner shall have the right or authority to bind the Owner by any promise, agreement or representation contrary to these Rules and Regulations or the laws of the State of Missouri.

Any complaint against the service or employees of the Owner shall be made at the office of the Owner in writing.

The service pipes, meters and fixtures on the User’s property shall at all reasonable hours be accessible to the Owner for observation or inspection.

Section 21 – Cross Connection Control – General Policy

1. Purpose: 
   1. Protect the public potable water supply from contamination or pollution by containing within the Consumer’s internal distribution system or private water system contaminants or pollutants that could backflow through the service connection into the public potable water supply system.
   2. Promote the elimination, containment, isolation or control of existing cross connection, actual or potential, between the public and Consumer’s potable water systems and non-potable water systems, plumbing fixtures and industrial-process systems.
   3. Provide for the maintenance of a continuing program of cross connection controls that will systematically and effectively prevent the contamination or pollution of all potable water systems.

2. Application:  This ordinance shall apply to all premises served by the public potable water system of Rich Hill.

3. Policy:
   1. The Water Purveyor shall reasonably interpret this ordinance.  It is the Water Purveyor’s intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.
   2. The Water Purveyor shall be primarily responsible for the protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection.  The cooperation of all Consumers is required to implement and maintain the program to control cross connections.  The Water Purveyor and Consumer shall be jointly responsible for preventing contamination of the water system within the Consumer’s premises.
   3. If, in judgment of the Water Purveyor or his authorized representative, cross connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the Consumer.  The Consumer shall immediately comply by providing the required protection at his own expense. Failure, refusal or inability on the part of the Consumer to provide protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.

4. Definitions:  The following definitions shall apply in the interpretation and enforcement of this ordinance:

Air gap separation – The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the overflow level rim of the receptacle.  The air gap separation shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but no case less than one inch.

Auxiliary water supply – Any water source or system, other than the public water supply, that may be available in the building or premises.

Backflow – The flow other than the intended direction of the flow, of any foreign liquids, gases or substances into the distribution system of a public water supply.

Backflow prevention device – Any device, method or type of construction intended to prevent backflow into a potable water system.

Consumer – The owner or person in control of any premises supplied by or in any manner connected to a public water system.

Containment – Protection of the public water supply by installing a cross connection control device or air gap separation on the main service line to a facility.

Contamination  – An impairment of the quality of the water by sewage, process fluids or other wastes to a degree that could create an actual hazard to the public health through poisoning or spread of diseases by exposure.

Cross Connection – Any physical link between a potable water supply and any other substance, fluid or source that makes contamination of the potable water supply possible due to the reversal of flow of the water in the piping or distribution system.

Hazard: Degree of – An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

1. Health Hazard – any condition, device or practice in the water supply system and its operation that could or may create a danger to the health and well-being of the Consumer.
2. Plumbing Hazard – a plumbing cross connection in a Consumer’s potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device.
3. Pollution Hazard – an actual or potential threat to the physical properties of the water system or the potability of the public or the Consumer’s potable water system that would constitute a nuisance, be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
4. System Hazard – an actual or potential threat of severe damage to the physical properties of the public potable water system or the Consumer’s potable water system, or of a pollution or contamination that would have a protracted effect on the quality of the potable water in the system.

Industrial process system – Any system containing a fluid or solution that may be chemically, biologically or otherwise contaminated or polluted in a form or concentration that constitutes a health, system, pollution or plumbing hazard if introduced into a potable water supply.

Isolation – Protection of a facility service line by installing a cross connection control device or air gap separation on an individual fixture, appurtenance or system.

Pollution – The presence of any foreign substance (organic, inorganic or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree that does not create an actual hazard to the public health, but does adversely and unreasonably affect the water for domestic use.

Public potable water system – Any publicly or privately owned water system supplying water to the general public that is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.

Service connection – The terminal end of a service line from the public water system.    If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

Water Purveyor – The owner, operator or individual in responsible charge of a public water system.

5. Cross Connection Prohibited

1. No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public potable or Consumer’s water systems may exist unless the actual potential cross connections are abated or controlled to the satisfaction of the Water Purveyor, and as required, by the laws and regulations of the Missouri Department of Natural Resources Code of State Regulations Title 10 Division 60 Chapter 11.
2. No connections shall be installed or maintained whereby an auxiliary water supply may enter a public potable or Consumer’s water system unless the Water Purveyor and the Missouri Department of Natural Resources have approved the auxiliary water supply, the method of connection and the use of the supply.
3. No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities and fixtures have not been constructed and installed using acceptable plumbing practices considered by the Water Purveyor as necessary for the protection of health and safety.

• 6. Survey and Investigations

1. The Consumer’s premises shall be open at all reasonable times to the Water Purveyor or his authorized representative to survey and investigate water use practices on the Consumer’s premises to determine whether there are actual or potential cross connections to the Consumer’s water system through which contaminants or pollutants could backflow into the public potable water system.
2. Upon the Water Purveyor or his authorized representative’s request, the Consumer shall furnish information on water use practice within his premises.
3. The Consumer shall conduct periodic surveys of water use practices on his premises to determine whether there are actual or potential cross connections to his water systems through which contaminants or pollutants could backflow into his or the public potable water system.

• 8. Type of Protection Required – The type of protection depends upon the degree of hazard that exists:

1. An approved air gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.
2. An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public potable water systems may be contaminated with a substance that could cause a system or health hazard.
3. An approved air gap separation or an approved reduced pressure principle backflow prevention device or an approved double check valve assembly shall be installed where the public potable water systems may be polluted with substances that could cause a pollution hazard not dangerous to health.

• 8. Where Protection is Required

1. An approved backflow device shall be installed on each service line to a water system serving the premises when, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist.  The type and degree of protection required shall be commensurate with the degree of hazard
2. An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises when, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, the nature and extent of activities on the premises, or the materials used in connection with the activities or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross connection occur, even though such cross connection may not exist at the time the backflow prevention device is required to be installed.  This includes but is not limited to the following situations:
   1. Premises having auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the Water Purveyor and the Missouri Department of Natural Resources.
   2. Premises having internal cross connections that are not correctable, or intricate plumbing arrangements that make it impractical to ascertain whether or not cross connections exist.
   3. Premises upon which the entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross connections do not exist.
   4. Premises having a repeated history of cross connections being established or re-established.
   5. Premises, which due to the nature of the enterprise therein, are subject to recurring modifications or expansions.
   6. Premises upon which any substance is handled under pressure that would permit entry into the public water supply or where a cross connection could reasonably be expected to occur.  This shall include the handling of process waters and cooling waters.
   7. Premises upon which toxic or hazardous materials are handled in such a way that a serious health hazard may result if back siphon or backpressure should occur.
3. An approved air gap separation or reduced pressure principle backflow prevention device is required by the Water Purveyor and the Missouri Department of Natural Resources Code of State Regulations Title 10, Division 60, Chapter 11, the following types of facilities to protect the public water supply and shall be installed at these facilities unless all hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the Water Purveyor and the Missouri Department of Natural Resources.
   1. A. The supplier of water or local governmental agency (if one exists) requires protection from an actual or potential Class I backflow hazard at any facility;
   1. B. Modification is made to the customer water system at an existing facility which is designated an actual or potential backflow hazard in paragraph (3)(A)2. of this rule. If an addition or modification requiring a separate customer service line is made to an existing facility, the new service line as well as the existing customer service line shall be equipped with department-approved backflow prevention assemblies;
   1. C. A new customer service line connection is made to a facility listed in paragraph (3)(A)2. of this rule; or
   1. D. A backflow incident occurs which introduces a contaminant into the public or customer water system which may create a health hazard.
      1. 2. Following is a list, not all inclusive, of actual or potential Class I backflow hazards:
         1. A. Aircraft and missile manufacturing plants;
         2. B. Automotive plants including, but not limited to, those plants which manufacture motorcycles, automobiles, trucks, recreational vehicles and construction and agricultural equipment;
         3. C. Potable water dispensing stations which are served by a public water system;
         4. D. Beverage bottling plants including, but not limited to, dairies, soft drink bottlers, and breweries;
         5. E. Canneries, packing houses and reduction plants;
         6. F. Car washes;
         7. G. Chemical, biological and radiological laboratories including, but not limited to, those in high schools, trade schools, colleges, universities and research institutions;
         8. H. Hospitals, clinics, medical buildings, autopsy facilities, morgues, mortuaries, veterinary facilities, dental clinics, and other medical facilities;
         9. I. Metal or plastic manufacturing, fabrication, cleaning, plating or processing facilities;
         10. J. Plants manufacturing paper and paper products;
         11. K. Plants manufacturing, refining, compounding or processing fertilizer, film, herbicides, natural or synthetic rubber, pesticides, petroleum or petroleum products, pharmaceuticals, radiological materials or any chemical which would be a contaminant to the public water system;
         12. L. Commercial facilities that use herbicides, pesticides, fertilizers or any chemical which would be a contaminant to the public water system;
         13. M. Plants processing, blending or refining animal, vegetable or mineral oils;
         14. N. Commercial laundries and dye works;
         15. O. Sewage, storm water and industrial waste treatment plants and pumping stations;
         16. P. Waterfront facilities including piers, docks, marinas and shipyards;
         17. Q. Industrial facilities which recycle water;
         18. R. Restricted or classified facilities or other facilities closed to the supplier of water or the department;
         19. S. Fire sprinkler systems using any chemical additives;
         20. T. Auxiliary water systems, including but not limited to alternative water sources;
         21. U. Irrigation systems with facilities for injection of pesticides, herbicides or other chemicals or with provisions for creating back pressure. The backflow assembly may be installed between the customer service line and the irrigation system;
         22. V. Portable tanks for transporting water taken from a public water system;
         23. W. Facilities which have pumped or repressurized cooling or heating systems that are served by a public water system; and
         24. X. Facilities which contain any boiler system and are served by a public water system. The backflow assembly may be installed on the water service line to the boiler.

• 9. Backflow Prevention Devices

1. Any backflow prevention device shall be a model or a construction approved by the Water Purveyor and the Missouri Department of Natural Resources.
2. An approved air gap separation shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.
3. A double check valve assembly or a reduced pressure principle backflow prevention device shall be approved by the Water Purveyor and shall appear on the current “list of approved backflow prevention devices” established by the Missouri Department of Natural Resources.
4. Whenever the device is moved from its present location, requires more than minimum maintenance, or when the Water Purveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this ordinance.

10. Installations

1. Backflow prevention devices shall be installed at a location and in a manner approved by the Water Purveyor and shall be installed at the expense of the Consumer.
2. Backflow prevention devices installed on the service line to the Consumer’s water system shall be located on the Consumer’s side of the water meter, as close to the meter as is reasonably practical, and shall be installed prior to any other connection.
3. Backflow prevention devices shall be located in an area that is readily accessible for maintenance and testing, protected from freezing, and no part of the device shall be submerged or subject to flooding by any fluid.

11. inspections and Maintenance

1. At any premises on which backflow prevention devices are installed, the Consumer shall have inspections, tests and overhauls made in accordance with the following schedule or more often if inspections indicate such a need.
   1. Air gap separations shall be inspected at the time of installation and at least every twelve months thereafter.
   2. Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. 
   3. Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter.
2. Inspections, tests and overhauls of backflow prevention devices shall be made at the expense of the Consumer and shall be performed by a State of Missouri Certified Backflow Prevention Device Tester.
3. Whenever backflow prevention devices are found to be defective, they shall be repaired or replaced without delay at the expense of the Consumer.
4. The Consumer shall maintain a complete record of each backflow prevention device from purchase to retirement.  This record shall include a comprehensive listing that includes a record of all tests, inspections and repairs.  Records of inspections, tests, repairs and overhauls shall not be removed or otherwise made inaccessible without specific authorization by the Water Purveyor.
5. Backflow prevention devices shall not be by-passed, made inoperative, removed or otherwise made ineffective without specific authorization by the Water Purveyor.

12. Violations

1. The Water Purveyor shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein:
   1. Any backflow prevention device required by this ordinance is not installed, tested and maintained in a manner acceptable to the Water Purveyor, or
   2. The backflow prevention device has been removed or by-passed, or
   3. An unprotected cross connection exists on the premises.
2. Water service to the premises shall not be restored until the Consumer has corrected or eliminated the conditions or defects to the satisfaction of the Water Purveyor.

Section 22 – Ban of Lead

1. Purpose – to ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and to protect City residents from lead contamination in the City’s public drinking water system and their own private plumbing systems.
2. Policy 
   1. It is the Water Purveyor’s intent to ban the use of lead-based material in the construction or modification of the City’s drinking water system or in private plumbing connected to the City system.  The cooperation of all Consumers is required to implement the lead ban.
   2. If, in the judgment of the Water Purveyor or his authorized representative, lead- based materials have been used in new construction or modifications after January 1, 1989, due notice shall be given to the Consumer.  The Consumer shall immediately comply by having the lead-based materials removed from the plumbing system and replaced with lead-free materials.  If the lead-based materials are not removed from the plumbing system, the Water Purveyor may discontinue water service to the premises.
3. Application:  This ordinance shall apply to all premises served by the public drinking water system of the City of Rich Hill.
4. Definitions:  The following definitions shall apply in the interpretation and enforcement of this ordinance.         

Consumer – the owner or person in control of any premises supplied by or in any manner connected to a public water system;

Lead-based materials – any material containing lead in excess of the quantities specified in herein;

Lead-free:

4. Solders and flux containing not more than 0.2% lead.
5. Pipes and pipe fittings containing not more than .25% lead.

Public drinking water system – any publicly or privately owned water system supplying water to the general public that is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.

Water Purveyor – the owner, operator or individual in responsible charge of a public water system.

5. Lead Banned from Drinking Water Plumbing
   1. No water service connection shall be installed or maintained to any premises where lead-based materials were used in new construction or modifications of the drinking water plumbing after January 1, 1989.
   2. If a premise is found to be in violation, water service shall be discontinued until such time that the drinking water plumbing is lead free.

Section 23 – Water Conservation Plan

Guidelines

This plan shall be effective upon a finding by the Board of Alderman or their designated representative that a probable water shortage problem exists. This plan shall be implemented until it is determined that the emergency no longer exists.  Depending on the expected severity of the problem, it is possible that Stages Two and Three may be implemented immediately.  Requests for public cooperation shall be made through the news media.  This Plan shall affect only those citizens and commercial entities who receive water service from the Rich Hill Water Department.

1. Stage One (voluntary) – Request voluntary conservation and compliance with the following restrictions:
   1. Sidewalks, driveways, parking areas, patios or other paved areas shall not be washed.
   2. Swimming pools shall not be filled or refilled with water provided by the City.
   3. Water shall not be used for recreational purposes such as waterslides or yard play.
   4. Cars, other motor vehicles, trailers or boats shall not be commercially washed, except from a bucket.
   5. Water shall not be used for dust control.
   6. Flushing of mains by Water Department personnel shall not be done, except to alleviate individual water quality problems.
   7. Commercial and industrial Users shall conserve water as much as possible.

After initiation of Stage One, if weather conditions, expected trends in demand or other factors indicate that the threat of a shortage will continue, the additional provisions of Stage Two shall be implemented.

2. Stage Two (voluntary) – Stage One restrictions shall remain in effect along with the following:
   1. Water from a fire hydrant shall not be used, except to fight fires.
   2. Lawn, garden, trees or other plants shall not be watered, except from a hand-held container.
   3. Commercial/industrial Users shall reduce usage by 30%.

            After initiation of Stage II, if it appears that the shortage will continue or worsen, the mandatory measures of Stage III shall be implemented.

3. Stage Three (Mandatory) – Stage One and Two restrictions shall become mandatory, and the following restrictions shall also apply:
   1. All commercial and industrial Users shall adopt previously submitted water conservation plans.
   2. All large commercial and industrial Users shall follow the previously submitted conservation plan for their operation.  Water conservation plans shall be approved by the Board of Aldermen or their designated representative.  A Customer that fails to submit a conservation plan shall be subject to the penalty provisions of this ordinance.
   3. Depending upon the severity of the problem, the plan could revert back to Stage One or Two or be canceled as conditions improve.

Section 24 – Amendment of Rules and Regulations

These Rules and Regulations may be amended at any regular meeting of the Owner or at any special meeting thereof called for such purpose.

Any ordinance or parts of ordinances in conflict with this ordinance are hereby repealed.

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

1^ST READING ON THIS THE 10^TH DAY OF FEBRUARY 2021

2^ND READING ON THIS THE 10^TH DAY OF FEBRUARY 2021

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 10^TH DAY OF FEBRUARY 2021.

________________________________________

Jason Rich, Mayor

ATTEST:       

______________________________

Casey Crews, City Clerk

Ayes:  Humble, Robb, Kassner, Tourtillott

Nays:  None

---

[i] For informational purposes, this Ordinance replaces the following: Ordinance No. 1666, enacted October 14^th, 2017, which replaced Ordinance No. 1639, enacted March 14, 2017, which replaced Ordinance No. 1630, enacted December 13, 2016(rate changes), which replaces Ordinance No. 1618, enacted September 27, 2016, which replaced Ordinance No. 1510, enacted May 26, 2015(amended Section 6, subsection 6 Deposits and Section 15, subsection 5(b) trip charge fees); which replaced Ordinance No. 1387, enacted August 22, 2012; which replaced Ordinance No. 1351, enacted June 22, 2010; which replaced Ordinance 1334, enacted March 24, 2009 (changed water regulations); which replaced Ordinance No. 1327, enacted November 11, 2008 (changed water regulations); which replaced Ordinance No. 1269, enacted August 22, 2006 (changed water rates and regulations); which replaced Ordinance No. 1261, enacted March 28, 2006 (changed water rates and regulations); which replaced Ordinance No. 1256, enacted January 24, 2006 (changed water rates and regulations); which replaced Ordinance No. 1251, enacted December 27, 2005 (changed water rates and regulations); which replaced Ordinance No. 1248, enacted October 25, 2005 (changed water rates and regulations); which replaced Ordinance No. 1238, enacted June 28, 2005 (changed water rates and regulations); which replaced Ordinance No. 1214, enacted June 22, 2004 (changed water rates and regulations); which replaced Ordinance No. 1190, enacted August 12, 2003 (changed water regulations); which replaced Ordinance No. 1189, enacted June 24, 2003 (changed water regulations); which replaced Ordinance No. 1162, enacted February 11, 2003; which replaced Ordinance No. 1142, enacted March 12, 2002 (changed rates for water service and taps); which replaced Ordinance No. 1106, enacted June 26, 2000 (changed rates for water service and taps); which replaced Ordinance No. 1081, enacted December 1, 1997 (changed water rates); which replaced Ordinance No. 1032 (meter deposits); which replaced Ordinance No. 1020, enacted November 24, 1992 (water primacy fee); which replaced Ordinance No. 1017, enacted November 10, 1992 (rates for water taps); which replaced Ordinance No. 1014, enacted June 23, 1992 (basic rates for water service); which replaced Ordinance No. 0992, enacted June 13, 1989 (repair of leaking service pipes and meters); which replaced Ordinance No. 0988, enacted December 13, 1988 (changed bulk water rates); which replaced Ordinance No. 0981, enacted September 22, 1988 (changed water deposits and rates); which replaced Ordinance No. 0947, enacted September 10, 1985 (changed sewer charge in Section 5 of Ordinance 838); which replaced Ordinance No. 0945, enacted September 10, 1985 (changed water rates); which replaced Ordinance No. 0935, enacted November 27, 1984 (meter deposit for customer leaving unpaid account);  which replaced Ordinance No. 0911, enacted August 27, 1982 (changed water and sewer tap fees); which replaced Ordinance No. 0901, enacted June 23, 1981 (changed water rates); which replaced Ordinance No. 0838, enacted May 10, 1977 (monthly service fee for use of sewer system); which replaced Ordinance No. 0821, date enacted is unknown (water rates); which replaced Ordinance No. 0795, enacted July 10, 1973 (changed water rates); which replaced Ordinance No. 0718, enacted January 1, 1968 (changed water rates); which replaced Ordinance No. 0688, enacted June 11, 1957 (changed water rates); which replaced Ordinance No. 0673, enacted May 13, 1957 (water collections and penalties); which replaced Revised Ordinance 0521, Chapter 15, enacted August 14, 1923 (repealed Electric Light and Water Plant, except Article 2, Sections 4, 6 and 7 which were left active and includes the repeal of the following ordinances:  0499, enacted November 14, 1922 (water works owned and operated by City); 0476, enacted September 1, 1920 and 0463, enacted July 22, 1918 (both changed water rates); 0457, enacted June 11, 1918 (repealed section 3 of #414 water); 0349, enacted June 27, 1905 (waterworks); 0334, enacted October 27, 1903 (street tower and water tank); 0331, enacted August 28, 1903; 0328, enacted May 28, 1903 (erecting steel tower and tank); 0327, enacted May 19, 1903 (management of waterworks, electric light and gas plants); 0326, enacted May 19, 1903 (waterworks, electric light and gas plants).

Other ordinances of interest:  Ordinance 0978, enacted June 28, 1988 (protect public potable water supply); Ordinance 0972, enacted January 26, 1988 (resolution call – water bond issue); Ordinance No. 0962, enacted October 28, 1986 (cross connections); Ordinance No. 0960, enacted July 22, 1986 (execute pipe line); Ordinance No. 0849, enacted November 22, 1977 (water line improvement grant); Ordinance No. 0848, enacted October 11, 1977 (adopting rural water agreement); Ordinance No. 0845, enacted November 22, 1977 (amend sec. III, art E, subsection 1 – wall, joint); Ordinance No. 0845, enacted October 11, 1977 (installation and connection of buildings into public sewer system); Ordinance No. 0840, enacted May 10, 1977 (Resolution for sewer bond charge); Ordinance 0837, enacted May 10, 1977 (issuance of combined waterworks and sewer system bond); Ordinance No. 0836, enacted March 26, 1977 (regulations for use of sewers, drains and disposal); Ordinance No. 0833, enacted December 14, 1976, and Ordinance No. 0797, enacted February 12, 1974 (combine waterworks and sewer); Ordinance Nos. 0827 and 0826, enacted August 13, 1976 and Ordinance No. 0822, enacted May 11, 1976 (wastewater grant); Ordinance No. 0772, enacted May 26, 1970 (utility rates for Woodcraft Mfg.); Ordinance No. 0745, enacted June 25, 1969 (adopting Uniform Plumbing Code); Ordinance No. 0717, enacted July 7, 1967 (engineers are to proceed with water plant construction); Ordinance No. 0331, enacted August 28, 1903 (telephone and electric light poles); Ordinance No. 0323, enacted April 1, 1903 (concerning deep well); Ordinance No. 0319, enacted November 5, 1902 (contract for drilling well with Charles Johnson); Ordinance No. 0307, enacted May 14, 1901 (use of public scale).

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING THE USE OF THE CEMETERY AND CHARGES FOR GRAVE SITES AND BURIALS IN

GREENLAWN CEMETERY

______________________________________________________________________________

Be it ordained by the Board of Alderman of the City of Rich Hill, Missouri as follows:

ARTICLE 1- GENERAL PROVISIONS

SECTION 1 – Visitors

a.          Greenlawn Cemetery shall be open to visitors from 8:00 a.m. to 30 minutes prior to sunset.

b.          All visitors shall respect the solemnity and beauty of the cemetery and strictly observe the rules established by the City to secure quiet and good order at all times within the cemetery.

SECTION 2 – Traffic Rules

a.         No person or vehicle shall enter the cemetery except through entrances maintained for the public without permission from the Sexton.

b.         There shall be no driving over the graves or upon the lawns under any pretense whatsoever except for normal maintenance and operation of the cemetery.

c.         Any driver who drives any vehicle upon the lawns, across gutters or anywhere else where damage results, shall make good such damages.

d.         The sounding of horns, sirens or other audible signals within the cemetery shall be prohibited except in connection with a funeral service.

e.         Vehicles shall not make U-turns upon roads but shall instead drive around the section.

SECTION 3 – Detrimental trees or shrubs etc.

If any trees or shrubs situated on any grave shall, by means of their roots, branches or otherwise, become detrimental to the adjacent lots, avenues or streets or dangerous or inconvenient to passengers, the City shall remove such trees, shrubs or parts thereof that are detrimental or dangerous or make access to the grave site inconvenient.  Effective November 13, 2007, no one except authorized employees of the City shall plant trees, shrubs, flowering plants or other vegetation in the cemetery. 

SECTION 4 – Donations

All donations or bequests made for the cemetery shall be deposited in the City’s Cemetery Fund. The funds received shall be used for maintenance and upkeep of the cemetery.

SECTION 5 – Approval for special projects, improvements and construction

Any and all improvements, construction, beautification projects, road construction or changes in roads, or any other changes or additions made in Greenlawn Cemetery shall be approved by the Board of Aldermen prior to such installation, erection, construction or alteration.

ARTICLE 2 – INTERMENT

SECTION 1 – Mausoleums

Any form of burial that leaves the remains above ground level shall be prohibited except when a mausoleum is in existence as of May 9, 2000.

SECTION 2 – Grave Space Costs

a.         The spaces in Greenlawn Cemetery shall cost the amount listed in the City Fee Schedule. The cost shall be paid in full before a deed is issued. 

b.         The City Clerk shall issue a Greenlawn Cemetery Deed showing the location of the grave site, and said each deed shall be signed by the Mayor.

c.         The City may utilize payment plans to purchase cemetery spaces but the cost shall be paid in full before it may be used for a burial.  The purchaser must sign a written agreement.  A 5% fee shall be assessed on all payment plans.  The duration of payment plans shall be as follows: 

                                                1 grave space                6 months

                                                2 graves spaces           12 months

                                                3 graves spaces           18 months

                                                4 graves spaces           24 months

            If the payment plan is not paid in full by the end of the agreement, the City shall refund any money paid except the 5% fee and a handling charge of, in an amount listed in the City Fee Schedule. 

SECTION 3 – Perpetual Care

a.         After October 28, 2008, an amount, as listed in the City Fee Schedule, shall be charged per grave space for perpetual care, which shall be paid at the time of the sale of the space.

b.         Deeds shall not be issued until perpetual care is paid.

c.         The principal of the Perpetual Care Fund shall not be used for any purpose whatsoever, and no money shall be transferred out of the Perpetual Care Fund except for the purpose of being invested.   The interest income derived from the Perpetual Care Fund shall be used for the preservation, care, upkeep and adornment of Greenlawn Cemetery.

SECTION 4 – Regulation of Interments

a.         There shall be only 1 interment per grave space unless a written request for cremated remains to be buried upon another interment or for a double burial is approved by the Mayor and the Sexton.

b.         To maintain uniformity, the arrangement and location of graves upon a lot shall be determined by the City.

c.         All interments shall be authorized by the City Clerk.

d.         Two working days’ notice is required for the preparation of a grave except in an emergency.

e.         Interments shall not occur before 10:00 a.m. or after 4:00 p.m.

f.          All standard interments shall incorporate the use of a casket and a concrete grave liner with lid in which the casket shall be placed.

g.         Cremated or infant interments shall incorporate the use of a container approved by the City.

SECTION 5 – Regulation of Disinterment

a.         Disinterment shall occur only with written permission in writing obtained from the Mayor, in accordance with state law and upon a notarized written consent or request by:

            1)         The purchaser of the grave space; or

            2)         The surviving heir or heirs of a deceased purchaser; or

            3)         An appropriate court order.

b.         The disinterment fee shall be an amount as listed in the City Fee Schedule.

c.         No disinterment shall occur until the costs herein specified have been paid in full. 

d.         The costs to remove the vault shall be paid to the vault company. 

SECTION 6 – Interment Fees

a.         The cost of opening and closing a grave shall be as follows:

Vault or box, weekday                      see City Fee Schedule

Saturdays                                            see City Fee Schedule

Sundays & Holidays                           see City Fee Schedule

Cremated remains, weekday              see City Fee Schedule

Weekends & Holidays                       see City Fee Schedule

Infant remains, weekday                    see City Fee Schedule

Weekends & Holidays                       see City Fee Schedule

b.         The cost of special requests for closing of graves after 4:00 p.m. on any day of the week shall be the same as for Sundays and holidays.            

c.         No interment shall be performed until the specified costs have been paid in full.

d.         Approved double burials fees shall be an additional fee, as listed in the City Fee Schedule for the burial that is double deep.  If the second burial does not occur at the same time as the first burial, the specified opening and closing costs shall be paid at the time of the second burial. 

ARTICLE 3 – GRAVES

SECTION 1 – Placement and location of foundations, monuments, etc. and permit    fees         

a.         No person shall set or place any foundation, monument, memorial, stone or marker of any sort, including any Veteran’s marker, within Greenlawn Cemetery without first obtaining a permit from the City Clerk.  This fee shall be an amount as listed in the City Fee Schedule.  Additionally, that person must own the lot in the cemetery, or be the surviving heir or heirs of a deceased purchaser at the time of placement. If an agreement cannot be reached the Mayor shall decide.

b.         The Sexton shall be present when any work is performed to ensure compliance with the provisions of this Article. 

c.         Effective November 13, 2007, the City shall only permit the placement of head stones in the cemetery.  Any bench, foot marker, etc. placed before November 13, 2007, shall be permitted to remain in the cemetery as long as the bench, foot marker, etc. is attached to the ground. 

SECTION 2 – Concrete foundations required; depth.

Each monument, stone or marker placed within Greenlawn Cemetery shall be set                       or placed on top of a concrete foundation no less than 24 inches deep.  Monuments, stone or markers shall be set upon the concrete foundations only after the concrete has set up.  Placement of a marble or granite pad under any monument, stone or marker within Greenlawn Cemetery shall be permitted provided placement is in compliance with all other provisions of this Ordinance.

SECTION 3 – Continuous Concrete Aprons

No continuous concrete apron shall surround any monument, stone or marker placed in Greenlawn Cemetery.

SECTION 4 – Use of grave for burial or memorial

The grave spaces in Greenlawn Cemetery shall be sold only for burying human remains or for establishing memorials to deceased human beings.

SECTION 5 – Transfer of Grave Sites

The grave site owner shall not sell or convey any grave spaces in the cemetery without first         submitting a notarized statement giving written consent for the transfer to the City Clerk.  All transfers shall be made through the City Clerk who shall issue a new deed.  The cost of the transfer shall be an amount as listed in the City Fee Schedule. If the owner of the grave space is deceased, the surviving heir or heirs shall submit a notarized statement giving written consent for the transfer to the City Clerk and the request shall be approved by the Mayor.

SECTION 6 – Ornamentation of graves

a.         The City shall retain control and supervision of all grave spaces that are sold; and the City shall retain the right to have its Sexton enter upon any grave to prohibit, modify or remove any structure, object, improvement or adornment of any such structure, object, improvement or adornment that may interfere with the maintenance and upkeep of the cemetery.

b.         The use of glass containers on or around the graves in Greenlawn Cemetery shall be expressly prohibited and shall be removed if placed upon the grave.

c.         All grave decorations or mementos shall be removed by the Sexton if the decoration or a memento interferes with the maintenance or upkeep of the cemetery. Exceptions are as follows:

            1)         Permanent vases attached to the stone or foundation;

2)         Everything on the stone until the stone or the attachment to the stone has deteriorated; the Sexton shall determine deterioration; and

            3)         Shepherd hooks as long as they are as close to the head stone as possible.

ARTICLE 4 – City and Sexton duties

SECTION 1 – Duties of the City and Sexton

City and the Sexton shall lay out all grave sites in Greenlawn Cemetery and shall perform such other duties and work as directed by the Board of Aldermen; all burials shall be subject to their supervision.

SECTION 2- Workmen subject to control of the City and Sexton

All workmen employed in the construction of vaults, erecting monuments or other similar activities shall be subject to the control and direction of the City or Sexton.

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

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

1^ST READING: 8^th day of January 2020

2^ND READING: 8^th day of January 2020

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 8^TH DAY OF JANUARY 2020.

______________________________                                   

Jason Rich, Mayor

ATTEST:                                                                                           

______________________________                                   

Casey Crews, City Clerk

Ayes:  Humble, Kassner, Tourtillott

Nays:  None

Absent:  Robb

---

[i]  For informational purposes, this Ordinance repeals and replaces the following:   Ordinance 1679, enacted December 12^th, 2018: which replaced Ordinance 1665, enacted December 12, 2017: which replaced Ordinance 1644, enacted March 28, 2017, which replaced Ordinance No. 1376, enacted December 12, 2012.

BILL NO. 705                                                                                    ORDINANCE NO. 1702

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, IMPOSING A SALES TAX FOR STORM WATER CONTROL PROJECTS AND MUNICIPAL PARKS AT THE RATE OF ONE-QUARTER OF ONE PERCENT (.25%) AFTER SUMBISSION TO AND CONTINGENT UPON APPROVAL OF THE PROPOSAL BY THE QUALIFIED VOTERS OF RICH HILL, MISSOURI, AT AN ELECTION TO BE HELD ON THE 7^th DAY OF APRIL, 2020.

WHEREAS, the City of Rich Hill, Missouri (the “City”), currently imposes total two general local sales taxes levies, as defined in Section 32.085, RSMo, at a combined rate of two percent (2%); and

WHEREAS, pursuant to the authority granted to the City by Section 644.032, RSMo, the City now desires to impose an additional sales tax levy at a rate of one-quarter of one percent (.25%); and

WHEREAS, the revenue generated by this additional sales tax levy would be used exclusively for storm water control projects and municipal parks: and

WHEREAS, this proposed sales tax levy, if approved by the voters, shall be imposed on all retail sales made within the City’s corporate boundaries, which are subject to taxation under the provisions of Sections 144.010 to 144.525, RSMo, except sales of food as defined in Section 144.014, RSMo; and

WHEREAS, this proposed sales tax levy requires the approval by the qualified voters of the City at an election.

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

Section 1.        Pursuant to the authority granted by and subject to, the provisions of Section 644.032, RSMo, a sales tax for storm water control projects and municipal parks shall be imposed on all retail sales made within the City’s corporate boundaries which are subject to taxation under the provisions of Sections 144.010 to 144.525, RSMo, except sales of food as defined by Section 144.014, RSMo.

Section 2.        The rate of this sales tax levy shall be set at one-quarter of one percent (.25%).

Section 3.        This proposed sales tax levy shall be submitted to the qualified voters of Rich Hill, Missouri, for their approval, as required by the provisions of Section 644.032, RSMo, at the election to be held on Tuesday, April 7^th, 2020.  The ballot of submission shall contain the following language:

Shall the City of Rich Hill impose a sales tax of one-quarter of one percent (.25%) for the purpose of providing funding for storm water control and local parks for the municipality?

☐ YES              ☐ NO

If you are in favor of the question, place an “X” in the box opposite “YES”. 

If you are opposed to the question, place an “X” in the box opposite “NO”.

Section 4.        Within ten (10) days after the approval of this question by the qualified voters of Rich Hill, Missouri, the City Clerk shall forward to the Director of the Missouri Department of Revenue, by United States certified mail, a certified copy of this Ordinance along with certifications of the election results and a map of the City showing the boundaries thereof.

Section 5.        This Ordinance shall be in full force and effect from and after the date of its passage and approval.

PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI, THIS 8^TH DAY OF JANUARY, 2020.

                                                                        ________________________________________

                                                                        Jason Rich, Mayor

ATTEST:

__________________________________

Casey Crews, City Clerk

Ayes:  Tourtillott, Humble, Kassner,

Nays:  None

Absent:  Robb

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, AMENDING ORDINANCE NO. 1651 BY UPDATING THE REQUIREMENTS FOR HELMETS WHEN OPERATING A MOTORCYCLE OR MOTOR-TRICYCLE

WHEREAS, the City currently requires all persons operating a motorcycle to wear a helmet; and

WHEREAS, the 100th Missouri General Assembly, Second Regular Session (2020) passed House Bill 1963 which prohibits all cities from requiring helmets for motorcycle or motor-tricycle operation.

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

SECTION 1:    Ordinance No. 1651, Section 22, is hereby amended and shall now read as follows:

 

SECTION 22 – Proper vehicle equipment, condition required; helmet required

(Missouri Revised Statutes §§ 307.010 through 307.198)

No person shall operate any motor vehicle or bicycle unless same is in the condition and has the equipment required as follows, and upon a guilty plea or finding of guilt, the driver shall be guilty of operating a vehicle with defective equipment:

a.            Any motor vehicle manufactured or assembled after January 1, 1936, shall be equipped with safety glass in all doors, windows and windshields;

b.            Every vehicle shall be equipped with a forward directed working horn or whistle, emitting a sound of adequate volume to give warning of the approach of such vehicle to other users of the roadway and to pedestrians. This device shall be used for warning purposes only.  It shall be unlawful to use such device for making any unnecessary noise;

c.                        The motors of all motor vehicles shall be fitted with properly attached mufflers. Muffler cutouts shall not be used;

d.            No motor vehicle shall be operated in any manner or be in in a condition that excessive noise is made by its machinery, motor, signaling device or other parts.

e.                        All motor vehicles, except motorcycles, shall have at all times 2 sets of brakes, in good working order; motorcycles shall have 1 set of brakes, in good working order;

f.             All motor vehicles that are constructed or loaded so that the driver cannot see the road behind the vehicle by looking back or around the side of the vehicle shall be equipped with a mirror, adjusted to reveal the road behind and be visible from the driver’s seat;

g.            All vehicles carrying poles or other objects that project more than 5 feet from the rear of the vehicle when lights are required, shall carry a red light at or near the rear end of the projection. At other times, a red flag or cloth, not less than 16 inches, shall be displayed at the end of the projection;

h.            When one motor vehicle is towing another, the connecting device shall not exceed 15 feet.   When lights are required, they shall be displayed by both vehicles.  Every towed vehicle shall be coupled to the towing vehicle by a safety chain, cable or equivalent device in addition to the primary coupling device, except that a secondary coupling device shall not be necessary if the connecting device is a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. The secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The provisions of this subsection shall not apply to wreckers towing vehicles, vehicles secured to the towing vehicle by a fifth-wheel type connection, to any farm implements or to any vehicle that is not required to be registered;

i.             No person shall operate any motor vehicle upon any roadway between April 1 and November 1 while the motor vehicle is equipped with tires containing metal or carbide studs;

j.             No person shall operate any passenger motor vehicle upon the roadways if the body of the vehicle has been altered so that the front or rear of the vehicle is raised at such an angle as to obstruct the vision of the vehicle’s driver to the roadway in front or to the rear of the vehicle;

k.            Every vehicle operated upon the roadways shall be equipped with front and rear bumpers if the vehicle was equipped with bumpers as standard equipment;

l.             Except as set forth in Missouri Revised Statute § 307.173, no person shall operate any motor vehicle on the roadways with any manufactured vision-reducing material applied to any portion of the vehicle’s windshield, side wings or windows located immediately to the left and right of the driver, except that this Section shall not prohibit factory installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle’s windshield that is normally tinted by the manufacturer of motor vehicle safety glass;

m.           Every person under twenty-six years of age who is operating or riding as a passenger on any motorcycle or motor-tricycle, as defined in Section 300.010, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion; except that, any person twenty-six years of age or older operating any motorcycle or motor-tricycle who has been issued an instruction permit shall wear protective headgear at all times the vehicle is in motion. The protective headgear as defined in Section 300.010 shall meet reasonable standards and specifications. n.   Any qualified motorcycle operator who is twenty-six years of age or older may operate a motorcycle or motor-tricycle upon any highway of this state without wearing protective headgear if he or she in addition to maintaining proof of financial responsibility in accordance with chapter 303 RSMo, is covered by a health insurance policy or  other form of insurance which will provide the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle or motor-tricycle.

o.            Proof of coverage required by Subsection n of this section shall be provided, upon request by authorized law enforcement, by showing a copy of the qualified operator’s insurance card.

p.            No person shall be stopped, inspected, or detained solely to determine compliance with Subsections m, n, and o.

q.            No person shall operate an all-terrain vehicle or low-speed vehicle:

1.            In any careless way so as to endanger the person or property of another;

2.            While under the influence of alcohol or any controlled substance; or

3.            Without a securely fastened safety helmet on the head of an individual who operates an all-terrain or low-speed vehicle or who is being towed or otherwise propelled by an all-terrain or low-speed vehicle, unless the individual is at least eighteen (18) years of age.

 

SECTION 2:    This Ordinance shall be in full force and effect from and after the date of its passage by the Board of Aldermen and approval by the Mayor.

SECTION 3:    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 4:    Ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.

PASSED BY THE BOARD OF ALDERMEN THIS 9TH DAY OF SEPTEMBER 2020.

First Reading Date: SEPTEMBER 9, 2020

Second Reading Date: SEPTEMBER 9, 2020

Roll Call Vote:   Ayes: Tourtillott, Robb, Kassner, Humble

                             Nays: None

APPROVED THIS 9TH DAY OF SEPTEMBER 2020.

                                                ___________________________________

                                                Jason Rich, Mayor

Attest:                                                               Casey Crews, City Clerk