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1370 OFFENSE AGAINST PUBLIC PEACE AND ORDER

rentrikin — Thu, 22 Dec 2011 21:34:57 +0000

Bill No. 361 Ordinance No 1370

AN ORDINANCE REGULATING OFFENSES AGAINST PUBLIC PEACEANDORDER

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

Article 1 Peace disturbance

(a) A person commits the crime of peace disturbance if:

(1) He unreasonably and knowingly disturbs or alarms another person or persons by:

(a) Loud noise;

(b) Offensive and indecent language which is likely to produce an immediate violent response from a reasonable recipient;

(d) Fighting;

(e) Creating a noxious and offensive odor;

(2) He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

(a) Vehicular or pedestrian traffic; or

(b) The free ingress or egress to or from a public or private place.

Article 2 Private peace disturbance.

A person commits the crime of private peace disturbance if he is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by:

(1) Threatening to commit a crime against any person; or

(2) Fighting;

Article 3 Unlawful assembly.

A person commits the crime of unlawful assembly if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any criminal laws of this state or of theUnited Stateswith force or violence.

Article 4 Rioting

A person commits the crime of rioting if he knowingly assemble with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this state or of theUnited Stateswith force or violence, and thereafter, while still so assembled, does violate any of such laws with force or violence.

Article 5 Refusal to disperse.

A person commits the crime of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a law enforcement officer to depart from the scene of such unlawful assembly or riot.

Article 5 Institutional vandalism.

A person commits the crime of institutional vandalism by knowingly vandalizing, defacing or otherwise damaging

(1) Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

(2) Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;

(3) Any school, educational facility, community center, hospital or medical clinic owned and operated by a religious or sectarian group;

(4) The grounds adjacent to, and owned or rented by, any, institution, facility, building, structure or place described in subsection (1), (2) or (3) of this section;

(5) Any personal property contained in any institution, facility, building, structure or place described in subsection (1), (2), or (3) of this section.

Article 6 Curfew for minors

(a) No person or persons under the age of seventeen years shall loiter, gather or assemble on the sidewalks, streets, alleys, or any other public property within the corporate limits of the City of Rich Hill, Missouri, after the hour of 11 o’clock p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday nor after the hour of 12 o’clock midnight on Friday or Saturday; provided, however, that nothing in this section shall apply to minors in the company of their parent or lawful guardian, nor to minors who are actually going to or returning to their homes from organized group activity.

(b) No person or persons under the age of sixteen years of age shall loiter in the east or west park after sunset or 7:00 p.m. whichever is 1st; provided, however, that nothing in this section shall apply to minors in the company of their parent or lawful guardian nor to minors who are actually attending a organized group activity.

(c) No parent nor any person having lawful custody of a child under the age of seventeen years shall permit or allow such child to violate the provisions of the preceding section.

Article 7 Disorderly conduct

Any person who shall do or engage in any of the following shall be deemed to be engaged in disorderly conduct:

(a) Act in a violent or tumultuous manner toward another, whereby any person is placed in fear of safety of his life, limb or health;

(b) Act in a violent or tumultuous manner toward another, whereby property of any person is placed in danger of being destroyed or damaged;

(d) Cause, provoke or engage in any fight, brawl or riotous conduct, including but not limited to the use of “fighting” words, resulting in any fight, brawl or riotous conduct, which may endanger the life, limb or health or property of another;

(e) Assemble or congregate with another or others to cause, provoke or engage in any fight or brawl;

(f) Jostle, roughly crowd or push any person in a public place in a non-accidental manner;

(g) Act in any way that a reasonable person would consider dangerous;

(h) Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic and refuse to clear such public way when ordered to do so by a peace officer or other lawful authority;

(i) Accost or attempt to force his or her company upon any other person; attempt to pick up any other person or behave in a provocative or sexually suggestive manner toward another person;

(j) Appear in public in a state of drunkenness which may cause alarm or fear to another; which may place any person in actual or possible physical danger; or which may place the property of any person in danger of being destroyed or damaged;

(k) Interfere with the legal business operation of any individual, including but not limited to, blocking ingress or egress to a business establishment, making more than one (1) hang-up telephone call to the business telephone; causing any disturbance inside a place of business.

Article 8 Penalties

Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction be fined in an amount of not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) and the Court costs or be imprisoned or both.

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

This Ordinance shall take effect and be in force from and after its passage and approval.

1^stReading9/13/11

Ayes: Becker, Perkey-Ewing, Kassner

Nays: None

Thurman abstained

2^ndReading10/11/11

Ayes: Becker, Perkey-Ewing, Kassner, Thurman

Nays: None

Read two times and passed this 11^th day of October 2011.

_________________________________

Jim Kithcart, Mayor

ATTEST:

_________________________________

Rose Entrikin, City Clerk

Disclaimer

rentrikin — Wed, 28 Sep 2011 13:22:12 +0000

AS AN ADDITIONAL SERVICE TO THE PUBLIC, THE CITY OF RICH HILL HAS REPRODUCED ITS ORDINANCES ON LINE AT THIS SITE. ALTHOUGH THE CITY HAS MADE EVERY EFFORT TO ACCURATELY REPRODUCE THE ORDINANCES ON THIS WEB SITE, IT CAN NOT GUARANTEE THAT NO ERRORS HAVE OCCURRED IN THIS UNDERTAKING. THEREFORE, IN THE EVENT OF ANY DISCREPANCY BETWEEN THE REPRODUCTION APPEARING BELOW AND THE OFFICIAL ORDINANCES ON FILE IN CITY HALL, THE OFFICIAL RECORDS WILL CONTROL. THE OFFICIAL ORDINANCES ARE AVAILABLE TO THE PUBLIC FOR REVIEW AND COPYING AT CITY HALL.

1369 – Bill No. 360 Work Rules and Procedures

rentrikin — Wed, 07 Sep 2011 19:38:08 +0000

AN ORDINANCE ESTABLISHINGWORKRULESANDPROCEDURES FOR EMPLOYEES OF THECITYOFRICH HILL.

BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THECITYOFRICH HILL,MISSOURIAS FOLLOWS:

Work Rules

And

Procedures

City ofRich Hill

Rich Hill,Missouri

These work rules are made for the purpose of establishing conditions of employment. The City Council reserves the right to modify these work rules and procedures from time to time as circumstances warrant.

Article 1 Definitions

(a) Part time employees – Any employee that is hired to work on an “as needed” basis with no guarantee of a certain number of hours in any given pay period. Part-time employees are not eligible for any benefits.

(b) Full time employees – Any employee that is hired to work at least 40 hours a week. To maintain fulltime status employees must work 40 hours per week or use qualified leave except for employees who are exempt.

(c) Probationary employees – All new employees hired to work will be required to be on probation for at least 6 months.

(d) Temporary employees- employees hired to complete a designated time of work but not more than 6 months. Temporary employees are not eligible for any benefits.

(e) Seniority – An employee’s total length of continuous employment.

(f) Exempt employee shall be an employee designated as such by the Board of Alderman pursuant to Federal Fair Labor Standards.

Article 2 Regular Scheduled Working Hours

The City ofRich Hillbusiness hours are Monday through Friday from8:00 a.m.to5:00 p.m. Regular working hours are from8:00 a.m.to5:00 p.m.unless otherwise scheduled. All supervisors will do monthly schedules and turn a copy of that schedule into the Mayor.

Article 3 City Council / Employee Relationship

The City Council has the right to enforce discipline, employ, suspend, promote, or to discharge employees and to direct its working forces. The City Council reaffirms that all employees are employed at the will.

Article 4 Non-Discrimination / Racial Profiling

The City Council will continue their policy of non-discrimination against any employee of applicant from employment because of the employee’s race, color, religion, sex, age, national origin, or any other basis prohibited by state statues.
References to “he” or “his” or “she” or “her” are not intended to refer to one gender but are equally applicable to both sexes. In addition, any reference to sex, age, race, religion, or physical condition in these work rules is not intended to indicate a preference for one group over another and such information will be used as permitted by local, state and federal laws in a policy of providing equal opportunities in all aspects of employment.
The Rich Hill Police Department will follow all state laws regarding racial profiling. The Rich Hill Police Department will not make any traffic stop or arrest for the purpose of race, creed, religion, sex, age, national origin or any other prohibited state statues.

Article 5 Standards of Conduct

The work rules have been documented to establish acceptable conduct while in the work place, but are not an all-inclusive list.

It is each employee’s responsibility to control his or her conduct in a manner that promotes harmony in the work place. Common sense, an awareness of others feelings, knowledge of City procedures, and personal integrity should be a guide to all actions. Employees should do what they know is right, and if they don’t know they should ask their supervisor for guidance.
Now more than ever before, the actions of City employees are closely scrutinized by the public. It is, therefore, essential thatRichHillCityemployees behave so as to present a positive image of both the City and themselves. Many of our employees work in areas where members of the public constantly observe their actions. It is important that our customers have the utmost confidence in the skill and honesty ofRichHillCityemployees.
As good citizens and productive workers, our employees are expected to observe the law, as well as generally accepted standards of conduct. Any behavior, which violates any law or contradicts any of these standards, hurts the image of the individual, as well as the City. Employees are expected to deal courteously, openly and fairly with each other and with the public and to maintain proper standards of behavior.
Listed below are a number of rules, which allRichHillCityemployees are expected to obey
1. Falsification of City records, including employment applications, medical records and time tickets.
2. Intentional destruction or damage of City property or property of employees..
3. Fighting during working hours (including lunch or break periods). .
4. The theft of City property or energy.
5. The use by an employee of the employee’s position to steal or aiding another employee or member of the public through the employee’s position in stealing.
6. Reporting for work under the influence of alcohol or an unlawful or controlled substance, or the possession or use of alcohol or an unlawful or controlled substance during working hours. The City will follow the drug policy.
7. Immoral or indecent conduct.
8. Intimidation or coercion or attempted intimidation or coercion of other employee’s.
9. Willful disobedience, insubordination or intentional failure to carry out instructions.
10. Acts of deception, dishonesty or fraud, including the misuse or the employee’s position in manipulating the employee’s account or service, or the intentional mishandling or the account of a fellow employee, friend, relative or member of the public.
11. The use of abusive, threatening or profane language to supervisors or members of the public.
12. Abuse of sick leave.
13. The disclosure of confidential information regarding the City, employees or customers.
14. Sleeping during working hours.
15. Gross negligence or conduct which could result in damage to City property or personal injury.
16. Curb reading meters.
17. Operating a motor vehicle on city business without a valid driver’s license or violating the provisions of a restricted driving license.
18. Excessive tardiness.
19. Unsatisfactory job performance.
20. Neglecting one’s job duties and responsibilities.
21. Violation of dress code if applicable.
22. Permitting unauthorized passengers to ride in city vehicles.
23. Excessive use of city telephone for personal business.
24. Unexcused absences
25. If you drive a city vehicle and/or equipment you are required to provide a copy of your valid driver’s license to the City Clerk.

1) Driving privileges suspended in any instance where a valid driver’s license is not presented. Upon approval, driving privileges reinstated upon submission of valid license. It is the responsibility of each employee to provide a copy of their driver’s license upon renewal to the City Clerk.

2) It is the employee’s responsibility to notify the Mayor upon suspension or revocation of driver’s license. Disciplinary procedure as stated in (y) above will be enforced in this instance.

If you receive any mileage reimbursement for pre-approved use of your personal vehicle you are required to submit a copy of valid liability insurance on your vehicle to the City Clerk. Progressive disciplinary procedure will be suspension of approved use of personal vehicle and proof of valid liability insurance submitted within 30 days of warning. Use of personal vehicle reinstated, upon approval, once proof of insurance submitted.
No employee will personally record audio conversations or statements or video tape the image of another employee or customer while “on duty” for the City ofRich Hill. The only exception will be police officers using a recording device in the course of an official investigation.

Article 6 Drug Policies

All employees of the City will be required to comply with the drug policy written by the agency the City is currently under contract with. The policy will be approved by the City Council. The following job descriptions are to be declared safety sensitive positions for the purpose of random drug testing; police department, electric, streets, water plant, water distribution, wastewater plant, wastewater collection and refuse.

Article 7 Smoking

The City wished to improve the health of its employees by encouraging smoking cessation, and by specifically eliminating smoking in enclosed environments unless posted as a smoking area. No person shall smoke or carry a lighted cigarette, cigar or pipe in any building owned or operated by the City ofRich Hill. Smoking will not be allowed in enclosed areas used by the general public or serving as a place of work, including open office area. All City owned vehicles operated by the City have been declared smoke free.

Article 8 Computers and Software

All computers used for City business will use software as designated by the Board of Aldermen. A backup of all computers will be stored on the main server daily or at least once a week. The City Clerk will take the most recent backup tape home each night and a weeks worth of tapes will be stored in the vault. A yearly backup tape for each fiscal year and a yearly backup tape of payroll shall be kept in the lock box of the City’s financial organization.

Article 9 Police Video Surveillance Equipment

The surveillance camera is to be used to record criminal activity based on citizen complaint or police department knowledge of criminal activity. The video records are to be used for determining prosecution and as evidence in court. The City Marshall may review tapes and Police Officers assigned to the investigation. The City Marshall will determine if further viewing by other law enforcement agencies or crime victims is warranted. Tapes are not open to public viewing and are considered investigative evidence. Tapes containing evidence will be kept as part of the case file until the case is disposed of.

Article 11 Uniforms

Full-time employees will were the city uniform. The City ofRich Hillwill purchase 10 t-shirts per employee per year. The City will pay $2.00 a week for rental of jeans. City employees required to wear a uniform and police officers can be reimbursed up to $50.00 a year for a clothing / boot allowance. Uniforms for police officers will be purchased at the City Council’s discretion. Police officers and the City Marshall are required to maintain a professional appearance while they are on duty for the City ofRich Hill. All fulltime officers shall be dressed in approved uniform, specifications for the approved uniforms at the discretion of the Board of Aldermen.

Article 12 Health Insurance

All full-time employees will have the right to have health and life insurance with the company the City is currently under contract with. The city will pay $280.00 of the cost of the health and life insurance of the employee; the employee will pay the remaining cost and any other insurance. The City of Rich Hillwill pay for the second $500.00 of the deductible with proof from the insurance company that the 1^st $500.00 has been met. Proof will be the Explanation of Benefits Report the employee receives from the insurance company. The check will be issued to the health care provider.

Article 13 Hepatitis Shots

Hepatitis shots will be required for full-time permanentemployees that work at the Wastewater Plant, as a Police Officer or the City Crew. The City will pay the costs. Any employee that chooses not to receive these shots will be required to sign a form declining the shots.

Article 14 Deferred Compensation Plan

All full-time employees will have the option of joining the deferred compensation plan. Any money put into this plan will be the employee’s money; the City will not contribute any money to this plan.

Article 15 Criminal Record Check

All employees will be required to give the City permission to run a criminal background check on them with the Missouri State Highway Patrol. The City will pay for the cost of the background check.

Article 16 Council Meetings

All employees who are Department Heads or Supervisors for the City will attend council meetings when it is part of their employment or when requested by the council. If a circumstance should arise where the employee feels he or she cannot meet this requirement an excuse must be given to the Mayor.

Article 17 Travel and Training

All training and travel must be approved by the City Council.
Meals will be reimbursed at no more than $22.50 per day. Reimbursement for meals will only be given with a dated receipt indicating the amount paid and the name of the establishment.
Hotel lodging will be paid at the rate of the average rate for that area per day, per room. The employee must pay reservations made by the employee and then the City will reimburse the employee as long as they have a dated receipt indicating the amount paid and the name of the establishment. Hotel reservations made by City Hall, the check will be cut in advance.
Employees who use their own vehicle for city business will be reimbursed according to federal mileage reimbursement for each mile provided they turn in a requisition to the City Clerk.
Employees will receive comp time for all training hours that puts them over 40 hours for the week.

Article 18 Police Training

In accordance with State Law RSMo 590.040 all newly hired peace officers shall be required to complete the required training for certification by the Department of Public Safety.

Article 19 City Vehicles & Equipment

All City vehicles and equipment will be parked on city property at the end of the regular shift of the employee.
Police Cars are to be locked at all times when unattended including when parked at any police officer’s residence. No person shall be allowed in the police vehicle unless on authorized police business.
If the employee is called out after the end of their regular shift, they will report to their department, procure the needed vehicle or equipment and put the vehicle or equipment back when the duty is completed.

Article 20 Televisions

No televisions are allowed in City facilities. The only exceptions will be the television /VCRin the City Council Chambers which shall be used for training, educational, and information purposes related to City business. The employees at the water plant may have a television but the City will not purchase or maintain it.

Article 21 Paychecks

Weekly paychecks will be issued on Friday following the end of their pay period.
Terminated employees will receive their paycheck within 2 working days of their notice of termination.
Employees that resign will receive their final paycheck on Friday following the end of their employment as long as there is at least 2 working days for calculations otherwise it will be the following Friday.

Article 22 Work Orders

Work orders will be done in a timely manner.
Work orders for water and electric service re-connections will be done the same day if posted on the board before1:00 P.M. If posted after1:00 P.M.it will be done the next working day. The other utility work orders will be done in a timely manner.
The City Superintendent will pick up work orders (at least) when the workday begins and again at1:00 P.M.for daily scheduling.
Work orders that have not been completed within 14 days the City Superintendent will give a written report to the Mayor as to why they have not been completed and when it shall be done.

Article 23 Investment of City Funds

All investments of city funds, in interest bearing accounts shall be approved by a majority of the City Council with Mayor casting the deciding vote in the event of a tie.
The office staff will do the day-to-day deposits into the City’s Checking Account and make necessary expenditures.
The City Clerk will move perpetual care interest on an annual basis to the cemetery fund.

Article 24 Holidays

The following days are to be considered “Holidays” within the meaning of these work rules.

New Year’s Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

When a holiday occurs on Sunday it will be observed the following Monday and when a holiday occurs on Saturday it will be observed the preceding Friday.
8 Hours of holiday pay shall be paid to full-time employee of the City of Rich Hill provided they have worked or taken vacation leave their scheduled day before and the scheduled day after the holiday (The employee will loose holiday pay if they call in sick the day before or the day after a holiday unless the employee has a doctor’s note.)
Work by employees on holidays will continue to be limited to that which is deemed by the council to be essential to the performance of its obligations to furnish adequate service. The Mayor & Council will continue the practice of permitting employees whose services are not required on a holiday to be excused from work without loss of pay, such employees being credited with eight hours “Holiday Pay” if so excused, provided that if work is scheduled on a holiday and an employee is requested to report to work and does not do so, said employee shall automatically forfeit the employee’s pay for that holiday.
An employee who works on a holiday as part of the employee’s basic workweek will be paid the employee’s regular time rate and an addition eight hours of “Holiday Pay” at the regular time rate.
Part-time employees will be paid 8 hours of Holiday Pay if the employee works on the holiday and meet the following requirements. The employee must have worked 500 hours the previous year to be eligible for Holiday Pay. Each year on December 31^st City Clerk will check the hours worked for each part-time employee. If the part-time employee has worked 500 or more hours the employee will be eligible forHoliday pay when working the holiday for the next year.

Article 25 Qualify for Vacation Time

All fulltime employees will receive vacations hours weekly. Full Time probationary employees will receive vacation hours weekly once the employee has been removed from probation.

Article 26 Accumulation of Vacation Time

Full time employees will receive vacation each week as follows:

6 months to 1-year 1-½ hours (39 hours per year)

1 Year of Service to 4 Years 1-¾ hours (91 hours per year)

5 Years of Service to 9 Years 2 ½ hours (130 hours per year)

10 Years of Service to 14 Years 2 ¾ hours (143 hours per year)

15 Years of Service to 19 Years 3 hours (156 hours per year)

20 Years of Service to 24 Years 3 ¼ hours (169 hours per year)

25 Years of Service to 29 Years 3 ½ hours (182 hours per year)

30 and more Years of Service 3 ¾ hours (195 hours per year)

Any hours that you have at the time of passage of this ordinance will be kept and the following hours added to.

Article 27 Scheduling Vacation Time

An employee cannot schedule vacation on a holiday. (You cannot have vacation and holiday pay in the same day)
You can use no more vacation time daily than you would normally be scheduled to work. Example: You work 12 hours a day; employees can use no more than 12 hours a day.
Choice of vacation period shall be on a seniority basis, as far as practical, provided that if an employee splits the vacation the employee can exercise seniority rights only once.
Vacation time must be scheduled and approved with your supervisor in writing and a copy submitted to the Mayor.
Employee must schedule each absence at a time when it will not result in exceeding the number of employees permitted on vacation.
Vacation will be paid at your regular rate of pay.
Employees on a leave of absence will not earn vacation time.
You will be allowed to carry a maximum of 180 hours of vacation time over into the next year. The cut off for the hours is done on the last check issued in December. Vacation schedules must be turned into City Hall by March 1^st of each year.

Article 28 Vacation Allowance upon Termination/Resignation

Upon Termination or resignation of an employee, said employee shall be paid any unused accumulated vacation.

Article 29 Working Hours / Pay Rate

Police Officer-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at7:00 a.m.and end the following Monday at6:59 a.m.Police Officers will be paid an hourly rate for 40 hours a week. Hours worked over the 40 hours a week the officer will be paid time and a half. The Director of Public Safety cannot work more than 40 hours a week.

Water Plant-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at 7:00 a.m. and end on the following Monday at 6:59 a.m. Water Plant employees and the Water Plant Supervisor will be paid an hourly rate for 40 hours per week, anything over 40 hours a week the employee will be paid time and half or the employee will have the option of receiving comp time at the rate of time and a half. Comp time may accrue to a maximum of 9 hours and must be used within 30 days of the date it was received.

Wastewater Plant-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at 7:00 a.m. and end the following Monday at 6:59 a.m. Wastewater Plant employees and the Wastewater Plant Supervisor will be paid an hourly rate for 40 hours per week, anything over 40 hours a week the employees will be paid time and half and will have the option of receiving comp time at the rate of time and a half. Comp time may accrue to a maximum of 9 hours and must be used within 30 days of the date it was received.

Office Personnel-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at 7:00 a.m. and end the following Monday at 6:59 a.m. Office personnel will be paid an hourly rate for 40 hours per week, anything over 40 hours a week the employee will be paid time and half. The City Administrator will be a salaried employee and exempt from mandatory overtime other employees will have the option of receiving comp time at the rate of time and a half. Comp time may accrue to a maximum of 9 hours and must be used within 30 days of the date it was received.

City Crew-Regular working hours will be scheduled to cover a 40-hour week. A workweek will begin on Monday at 7:00 a.m. and end the following Monday at 6:59 a.m. City Crew employees and the City Superintendent will be paid an hourly rate for 40 hours per week, anything over 40 hours a week the employee will be paid time and half or the employee will have the option of receiving comp time at the rate of time and a half Comp time has a maximum of 9 hours and must be used within 30 days of the date it was received.

Article 30 Timesheets

Timesheets are due on Monday by12:00 p.m.(Noon) if you wished to be paid that Friday.
For the purpose of timekeeping, the date to which the basic workday is to be allocated shall be the date on which you started your shift.
All hours are to be recorded on the timesheet, not kept on separate records by the employee or supervisor.
1. Any employee who is placed on call is required to be available at the city’s service twenty-four hours a day while he is being paid on call.
2. On call time shall be paid to an employee at the rate of $25.00 per day.
3. On call time for a holiday will be paid to an employee at the rate of $50.00 per day.
4. An hourly employee who is called out when on call shall be paid time and half for each hour worked.
5. An hourly employee who is called out when on call on a holiday shall be paid double time for each hour worked.
6. On-Call time does not apply to police officers.
7. City Crew will have 2 people on-call each weekend and holidays.
8. Wastewater Plant will have 1 person on call on weekends and holidays when it is raining heavily.

Article 31 On Call Time

Article 32 FMLA

The City of Rich Hillwill comply with all regulations of the Family and Medical Leave Act. If an employee is qualified for FMLA the employee is required to take FMLA Leave (No excuses). Employees must use available sick leave to cover the time off. Each employee is allowed up to 12 weeks per year of FMLA. Each employee’s year will begin with the 1^st day the employee is eligible for FMLA. Employees will be required to submit a written release before returning to work.

Article 33 Sick Leave

Definition- “Personal illness” as used herein shall mean the incapacity of an employee because of sickness or accidental or other injury not arising out of and in the course or city employment or outside gainful occupation.

Qualify for Sick Leave

All full time employees will receive sick leave hours each pay period. Full time probationary employees will receive sick leave hours each pay period but will not be allowed to use them until they are taken off probation.

Accumulation of Sick Time

Full time and probationary full time employees will receive 2 hours of sick leave per week.

4. Use of Sick Leave

No employee shall be entitled to sick leave privileges unless the employee shall have notified his or her supervisor prior to the starting time of the employees next regular work schedule, unless the delay of notification can be shown to have been unavoidable.
BeginningDecember 31, 2007the maximum number of hours you can carry forward will be 480 hours. For every hour you have over the 480 hours at the end of each year the employee will receive 25% (twenty-five percent) to be paid to the individual employee’s retirement fund or paid out to the employee with the employee paying the required taxes.
At the time of resignation from employment with at least 14 days notice the employee will be paid 25 % (twenty-five percent) of the hours they have with the employee paying the required taxes.
An employee off on sick leave three consecutive working days or more will be required to provide necessary information from their personal physician to the Mayor before returning to work. The city will not pay for transportation cost; cost of personal physician or lost time except the employee may charge lost time to accumulated sick leave when appropriate.
An employee physically disabled from performing work due to pregnancy, maternity, or childbirth shall have the same sick leave privileges, provided the employee continues to work until disabled from performing and returns to work as soon as physically able. If the employee elects for personal wishes, convenience or any other reasons to begin or end leave from work at any other time unrelated to physical capacity to perform, then the absences will be treated as a leave of absence. This section will be applied in accordance with all applicable Federal, State, and Local Laws.
Should serious illness occur in your immediate family, which requires your presence, you may charge these absences to sick leave. Immediate family is defined as employee’s mother, father, son, daughter, husband or wife. An employee who charges their absence due to family illness to their sick leave must provide necessary information from a qualified physician in the event they are absent from work three or more days due to the illness of an immediate family member. An employee found to have abused this sick leave privilege would be discharged.
Sick leave will be paid at the employee’s regular rate of pay.
You cannot use any more sick leave than you would normally work in a day. Example: If you are scheduled to work 12 hours a day you can only use 12 hours of sick leave for a day.
Employees will not be paid sick leave and overtime in the same workweek unless the employee was on-call when the overtime pay was accumulated. Exception to this rule would be if an employee was called out after regular working hours.
Employees will not accumulate sick leave while on a leave of absence.
If a holiday occurs during sick leave the employee will receive “Holiday Pay” instead of being charged sick leave when the employee has been on an extended sick leave period and has a doctor’s note. The employee cannot call in sick the day before the holiday or the day after. If the employee should call in and does not have a doctors note the employee will loose the holiday pay or the employee can choose to use vacation leave for that day.
An employee will be allowed to donate Sick Leave hours to a fellow employee during a period of extreme emergency such as a terminal disease or major injury. The fellow employee will receive the number hours donated at minimum wage.
If an employee is unable to complete a basic work day because of an injury resulting from an accident arising out of and in the course of city employment the employee shall suffer no loss of pay for such day. If the employee is incapacitated because of such injury for a period extending beyond the day of the accident, accumulated sick leave privileges will be available to cover loss of pay on basic work days during the waiting period specified in the applicable state compensation law. If an employee is incapacitated because of a such injury or illness beyond the waiting period specified in the applicable state compensation laws and is entitled to receive compensation payments therefore, the employee’s sick leave privileges will be available to cover the difference between such payments and the straight time pay of such employee; provided that the availability of such privileges will terminate at such time as the City’s physician determines that the employee is able to return to work. Charges against accumulated sick leave privileges used under this provision will be made by deducting the number of hours paid for from the employee accumulation of sick leave privileges on an hour-to-hour basis. The employee will continue to receive full wages until the employee’s accumulated sick leave privileges have been exhausted.
Sick leave paid in situations where it is later determined that the employee was not eligible or qualified for said pay shall be repaid to the City or deducted by the City from subsequent earnings of the employee.

Article 34 Abuse of Sick Leave

The council has a concern about the attendance record of every employee. Furthermore, under normal conditions, the City provides every full time employee a basic forty-hour workweek. The council’s responsibility to provide a dependable continuously available service to its citizens, upon their demand, places an obligation on every employee to be on the job performing his duties every day he or she is scheduled to work. Absence of employees weakens the city’s ability to furnish essential service to the public and to do so at reasonable rates. Good attendance is an important job requirement.

Where an employee appears to have abused sick leave privileges the council may require a physician’s certificate, which will certify both the fact and cause of the illness. If the employee is found to have abused the sick leave privileges he or she shall be discharged.

Article 35 Jury Duty

If any employee is absent from work on a scheduled workday because of jury service, the employee shall be paid the employee’s regular rate of pay by the city.

Article 36 Serving as Pallbearers

If any employee accepts a call to serve as pallbearer for a member of the immediate family (as defined under use of sick leave) or the immediate family of a fellow employee he will be paid the employees regular rate of pay by the city if the funeral is on a regular scheduled workday.

Article 37 Death in Family

The council will permit any employee to be absent from work without loss of pay for three days for the death of the employee’s wife, husband, child, father, mother, brother, sister. The employee will be permitted to miss one day of work without loss of pay for the death of a father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandfather, and grandmother. The same days will be given to the employee as listed above if the relationship is adoptive or step. If the employee needs to take additional time off for such reason, the employee may do so and charge the time to available sick leave.

Article 38 Employees in the Armed Forces

The council will recognize the moral and legal responsibilities to employees serving in the armed forces of theUnited States.

Article 39 Leave of Absence

A maximum of ninety days leave of absences, without loss of accumulated seniority, may be granted an employee in any calendar year for reasons other than illness or accident, with written permission of the council, and provided the employee can be spared from duty. Such leave of absence may be extended without the accumulation or seniority during such extended period, for total absences of not more than six months, with the written approval of the council. In cases of permitted absences, employees shall be permitted to return to work only if they are physically qualified to do so. If such an employee remains away for more than six months, or if the employee accepts other employment during the leave of absences without the specific sanction of the council, the employee’s employment with the city shall be deemed to have terminated and all seniority rights forfeited.
No other benefits except seniority shall occur during a leave of absence under this section.

Article 40 Service Awards

There will be the issuance of a service award certificate for every five (5) years of continuous service by any full time employee for the City ofRich Hillor any other volunteer or employee at the discretion of the Mayor and City Council.

Article 41 Severance Allowance

If placement cannot be made for an employee who attains five or more years of city service, and thereafter is scheduled for layoff, the employee shall be entitled to a severance allowance in accordance with the following:

The employee must make the request for the severance allowance in writing within three months from the effective date of the layoff.
An employee who elects to receive the severance allowance shall forfeit all seniority rights and any other privileges, rights, or benefits to which the employee may then or thereafter be entitled. If any employee is offered re-employment with the city before the council has received the request for severance allowance referred to in this subsection (a) above, the employee shall have forfeited the employee’s right to the severance allowance.
Any employee being laid off shall have the right to elect within said three month period, by written notice to the council, not to receive the seniority rights and any other privileges to which the employee may be entitled under other provision of the work rules.
No severance allowance will be paid to employees who resign, who are discharged for cause, or who leave service of the city because of physical disability.
At the time the employee elects to receive severance allowance the employee will notify the council of any severance allowance not paid in the event of the employee’s death.
The rate of pay to be used in computing the amount of the severance allowance shall be the established rate of pay of the employee in effect at the time of the employee’s layoff.
The scheduled amounts of the severance allowance are as follows:

Years of Seniority Severance Allowance

At least 5 yrs. but less than 10 yrs. 1 month pay

At least 6 yrs. but less than 15 yrs. 2 months pay

At least 15 years or more 3 months pay

Article 42 Workers Compensation

All employees will be covered by workers compensation. It is the employee’s responsibility to report all accidents and injuries to their supervisor. The employee will contact the City Clerk and fill out an accident report within 24 hours of the incident. The City ofRich Hillwill require any one that is submitting an accident report to be evaluated at a Medical Facility designated by the City. The City ofRich Hillwill pay for any medical expense up to $1,000.00 before asking the insurance company for compensation. Reports will be filed with insurance company on all incidents or injuries. Employees will be required to submit a written release when returning to work. Employees must use all safety equipment provided by the City or their workers compensation benefits may be reduced.

Article 43 Police Department

The City Marshall will honestly and faithfully discharge all the duties of his office as required by the laws governing cities of the fourth class, this Code and other ordinances of the City and at the end of the term of office, surrender all money, books, papers, vouchers, or other property belonging to the City in good order.
The City Marshall shall in the discharge of his duties, be subject only to the Mayor, and all other members of the Police Department shall be subject only to orders of their superiors in the Police Department and the Mayor.
All person appointed to the Police Department shall be entitled to hold office during good behavior and efficient service.
Every member of the Police Department shall have the powers prescribed by law and shall perform the following duties:
1. The City Marshall shall prescribe the hour and work schedule of the members of the police personnel.
2. The police officers whether special or regular, including the City Marshall, shall at all times appear in approved uniform when on duty.
3. Any police officer, whether regular or special, who shall become intoxicated while on duty for the City shall immediately be dismissed from the force.
4. It shall be unlawful and punishable as a misdemeanor for any officer under suspension or dismissed to be seen in public wearing the official uniform.

Article 44 Residency Requirements

The City Clerk will be required to live inside the City Limits of Rich Hill, Missouri. Any person required to meet this rule will have 6 months from the date of hire to comply with this rule.

Article 45 Employee evaluations

The evaluation process will encourage employees to improve their performance and job skills.
Guidelines

a. All new employees will be evaluated at the end of their probationary period by written or verbal comments from their supervisor to the Mayor and the Board of Aldermen.

b. Supervisors will perform ongoing evaluations of employees year round, addressing problems and recognizing outstanding service as these situations arise.

Article 46 Safety Plan

It is the policy of the City ofRich Hillthat every employee is entitled to a safe and healthy place in which to work. To this end, every reasonable effort will be made in the interest of Accident Prevention, Fire Protection, and Health Preservation.

Tile management concept of The City is not production and safety; it is production with safety. When production with safety is achieved, production with efficiency is attained simultaneously.

The City has a basic responsibility to make the safety of human beings a part of our daily, hourly concern. City will be counting on you to do your part in making our program an effective one.

The successful operation of The City will depend not only on service, but also how safely each job is performed. There is no job so important, not any service so urgent, that we cannot take time to work safely. City considers the safety of our personnel to be of prime importance. The city expects your full cooperation in making our program effective.

Section 1 IDENTIFICATION OF PLAN ADMINISTRATION

The following persons are responsible for implementing the accident prevention plan for the employees they supervise for the City ofRich Hill.

Director of Public Safety City Administrator City Superintendent Water Plant Supervisor Wastewater Plant Supervisor

Section 2 RESPONSIBILITIES

The City’s supervisors are the foundation of the safety program. Their responsibilities are to:

1) Familiarize themselves with The City safety policies, programs and procedures.

2) Provide complete safety training to employees prior to the assignment of duties.

3) Consistently and fairly enforce all The City safety rules.

4) Investigate injuries to determine cause, and then take action to prevent repetition.

5) See that all injuries, no matter how minor, are treated immediately and referred to City Hall to ensure prompt reporting to the insurance carrier.

6) Inspect work areas often to detect unsafe conditions and work practices. Utilize The City self-inspection checklists as required.

Section 3 EMPLOYEES

Employee responsibilities for safety include the following:

1) Adhere to all safety rules and regulations.

2) Wear appropriate safety equipment as required.

3) Maintain equipment in good condition, with all safety guards in place when in operation.

4) Report all injuries, no matter how minor, immediately to a supervisor.

5) Encourage co-workers to work safely.

6) Report unsafe acts and conditions to the supervisor.

Section 4 SAFETY RULES

For the protection and safety of all employees, The City has established the following rules designed to prevent accidents and injuries. Compliance with these rules is mandatory. Documentation will be made when the rules are distributed to new employees.

1) Proper footwear, clothing and personal protection equipment will be worn at all times.

2) Do not wear loose clothing, jewelry or keep long hair in a down position where there is danger of catching such articles in moving machinery.

3) Horseplay, running, fighting or any activity that may result in injury or waste will not be tolerated.

4) Eye protection is required when performing any task that could produce flying particles. The City ofRich Hillwill provide protective eyewear for employees that perform tasks requiring eye protection. For those full-time employees requiring prescription safety glasses, the City of Rich Hill will reimburse the employee or the vendor up to $300.00 for 1 pair of prescription safety glasses, excluding the cost of the eye exam, every two (2) years, after the employee has submitted a copy of the paid invoice for employee reimbursement or an invoice from the vendor for vendor reimbursement to the City Clerk.

5) Operate machinery with all guards in place. Tampering with safety devices is cause for immediate disciplinary action.

6) Do not operate any machine you are not familiar with.

7) Machines must never be cleaned, adjusted or repaired until after the machine is turned off. Follow lockout, tag-out procedures.

8) Any defects in materials, machinery, tools and equipment must be reported immediately to a supervisor.

9) Do not leave tools, materials or other objects on the floor, which might cause others to trip and fall.

10) Do not block exits, fire doors, aisles, fire extinguishers, electrical panels or traffic lanes.

11) Avoid risk of rupture, internal injury or back injury in attempting to lift or push excessive loads. If an object is too heavy to move without strain-ASK FOR

HELP.

12) Observe the correct position for lifting. Stand with your feet slightly apart, assume a squatting position with knees bent and tuck your chin. Tilt head forward, grasp the load with both hands and gradually push up with your legs, keeping your back straight and avoiding any abrupt movement.

13) Do not distract others while working.

14) Do not allow oil, wax, water, or any other material to remain on the floor where you or others may slip.

15) When handling hazardous materials, insure you follow prescribed safety procedures and use required safety equipment.

16) Use appropriate gloves when handling materials with sharp or jagged edges, which may result in lacerations.

17) Do not attempt to perform any specific task for which you are not trained.

18) Unnecessary and excessive haste is the cause of many accidents. Exercise caution at all times.WALK-DO NOTRUN!

19) All work related injuries and accidents, no matter how minor, must be reported.

It is imperative that all employees become thoroughly familiar with the above safety rules. Failure to comply with safety rules or procedures, or failure to wear the appropriate safety equipment, will result in disciplinary action up to and including termination.

Section 5 DISCIPLINARY PROCEDURES

Employees who fail to comply with safety rules will be subject to disciplinary action up to and including termination. Supervisors will follow the normal disciplinary procedures as follows:

1) Verbal Counseling-the first step. Must be documented in the employee’s personnel file.

2) Written warning-outlining nature of offense and necessary corrective action.

3) Suspension without pay-the third step or a separate disciplinary action resulting from a serious violation.

4) Termination-if an employee is to be terminated, specific and documented communication between the supervisor and the employee, as outlined, must have occurred.

Supervisors will be subject to disciplinary action for the following reasons:

1) Repeated safety rule violation by their department employees.

2) Failure to provide adequate training prior to job assignment.

3) Failure to report accidents and provide medical attention to employees injured at work.

4) Failure to control unsafe conditions or work practices.

5) Failure to maintain good housekeeping standards and cleanliness in their departments.

Supervisors who fail to maintain high standards of safety within their departments will be demoted or terminated after three documented warnings have been levied during any calendar year.

Section 6 INSPECTIONS

Inspection works because it is an essential part of hazard control. It is an important management tool, not a gimmick. The City will view inspections as a fact-finding process, not fault finding. The City will emphasize locating potential hazards that can adversely affect safety and health.

All personnel will be responsible for continuous, ongoing inspection of the workplace. When uncovered, potentially hazardous conditions will be corrected immediately or a report will be filed to initiate corrective action.

Periodic, planned inspections will be made by the safety committee (or other designated individuals) utilizing the City self-inspection form. The safety committee will review the report and action will be taken to eliminate uncovered potential hazards. Assignments, target dates for completion and actual completion dates will be documented in the minutes of the safety committee.

Section 7 ACCIDENT INVESTIGATIONS AND REPORTS

It is the policy of The City to carry out a thorough program of accident investigation. Supervisory personnel will be primarily responsible for making an investigation of all accidents in their areas of responsibility. Accidents involving fire, the Supervisor, the Mayor, and the City Council will investigate death, serious injury, or extensive property damage jointly.

The primary goal of the accident investigation program is the prevention of future similar accidents through the use of knowledge derived from the investigations. Additionally, the investigation will be used to prepare reports required by Federal and State law as well as the Worker’s Compensation Insurance Carrier. These reports are critical in establishing The City’s and the Supervisor’s liability under the law.

When an employee is injured at work, the supervisor is responsible for taking emergency action to have first aid administered, to obtain professional medical attention as soon as possible and protect other employees and equipment. The supervisor must then begin to investigate the circumstances of the accident. The following procedures have been found to be effective when investigating accidents:

A. Go to the scene of the accident at once.

B. Talk with the injured person, if possible. Talk to witnesses. Stress getting the facts, not placing blame or responsibility. Ask open-ended questions.

C. Listen for clues in the conversations around you. Unsolicited comments often have merit.

D. Encourage people to give their ideas for preventing a similar accident.

F. Study possible causes – unsafe conditions, unsafe practices.

F. Confer with interested persons about possible solutions.

G. Write your accident report giving a complete, accurate account of the accident.

H. Follow up to make sure conditions are corrected. If they cannot be corrected immediately, report this to your supervisor.

I. Publicize corrective action taken so that all may benefit from the experience. In order for the Supervisor’s report to be effective, it should contain as a minimum a detailed answer to the following questions:

A. What was the employee doing? Explain in detail the activity of the employee at the time of the accident.

B. What happened? Indicate in detail what took place; describe the accident, the type of injury, the part or parts of the body affected and whether the employee was wearing appropriate safety equipment.

C. What caused the accident? Explain in detail the condition, act, malfunction, etc., that caused the accident. Remember that it is possible to have more than one reason or cause for an accident.

D. What can be done to prevent a similar accident? Indicate corrective action to prevent recurrence.

The supervisor’s report, along with the employee report, must be submitted to City Hall not later than 24 hours after the accident.

Section 8 HAZARDOUS MATERIALS MATERIAL SAFETY DATA SHEETS (MSDS)

The management of The City is responsible for obtaining or developing a MSDS for each chemical used in the workplace. Each MSDS will include the specific identity of the chemical involved and the common names.

Each data sheet will provide information on the physical and chemical characteristics of the chemical; known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen; precautionary measures; emergency and first aid procedures; and the identification of the organization responsible for preparing the sheet.

Each department supervisor will be responsible for maintaining the MSDS sheets describing chemicals used in his/her department and for keeping them readily available to employees. The City Hall will maintain a master file for all departments.

Our employee-training program will include instruction on how to read and interpret information on a MSDS, and how employees can obtain and use the available hazard information.

Section 9 EMPLOYEES TRAINING

It is the goal of The City to provide hazard communication training during the first 30 days of employment and whenever a new chemical is introduced to a given work area. Training will be done in a classroom or other applicable setting and will be conducted by the Department Supervisor who has been properly trained.

The training program will consist of:

· how the hazard communication program is implemented, how to read and interpret information on labels, and MSDS, and how employees can obtain and use the available hazard information.

· the hazards of the chemicals in the work area.

· Measures employees can take to protect themselves from the hazards.

· Specific procedures put into effect by The City to provide protection, such as personal protective equipment.

· Methods and observations, such as visual appearance or smell, workers can use to detect presence of a hazardous chemical they may be exposed to.

Section 10 EMERGENCY ACTION PLAN

Major disasters must be anticipated and procedures must be developed and mastered if the well being of our personnel is to be protected and if we are ready to serve our community.

The following pages detail the organizational structure of our plan and outlines emergency measures to be taken in the event of fire or other emergency.

Remember, your conduct and actions during the first few minutes of any emergency may not only save your life, but the lives of your fellow workers and other members of the community as well.

Section 11 GENERAL INFORMATION

Two important telephone calls need to be made if the facility is to be evacuated for any of the following reasons:

1. A fire or disaster within the facility.

2. An external hazardous condition threatening the facility.

3. If either of these two situations occurs, notify these agencies:

a. Rich Hill Fire Department at 395-2222.

b. Civil Defense Coordinator at 395-2222.

Section 12 RESPONSIBILITIES

The Safety Committee will:

1. Coordinate the Emergency Evacuation Plan throughout the facility.

2. Make certain the Program is familiar to all personnel and that all new employees are promptly oriented.

3. Schedule fire classes as necessary.

4. Arrange and execute fire drills within the facility.

5. Maintain a log of fire drills conducted. The log shall include the date and time of each drill, the time required evacuating the area, and the initials of the person making the recording.

6. Report any deficiencies noted during the fire drill.

7. Correct any deficiencies noted during the fire drill.

The Safety Committee will be aided by Supervisors who will:

1. Facilitate the Emergency Evacuation Plan.

2. Keep constant check on all personnel to be sure that they are completely familiar with all phases of the Plan, which they are required to know.

3. See that all personnel participate inALLfire drills, fire classes, and other practice sessions.

4. Be certain that all personnel are familiar with, and make thorough fire prevention inspections when they are assigned to do so.

5. Take the necessary steps required to correct any fire hazards discovered.

It is the duty of every employee to:

1. Be completely familiar with the Emergency Evacuation Plan and his or her duties and responsibilities in the program.

2. Participate in all fire drills and practice sessions.

3. Attend all fire-training classes when assigned.

4. Learn the location of and how to operate fire alarm systems and all fire extinguishing equipment.

5. Report any fire and/or safety hazard located any place on The City proper

Section 13 FIRE PROCEDURES

“Keep Calm…Report all fires and smoke.

Personnel have been assigned to:

1. Sound internal fire alarm.

2. Notify office staff.

3. Remove personnel from the area.

4. Close all doors and windows in the fire area, ONLY if this can be done safely.

5. Notify the fire department.

The person reporting the fire to the fire department will provide them with the following information:

1. Name of caller.

2. Address of fire.

3. What is burning (machine, paper, etc?)

4. Location of fire (roof, plant, office, etc.)

5. Type of fire (electrical, liquid, etc.)

Additional assignments have been made to:

1. Attempt to extinguish the fire with the use of on-premises equipment (extinguishers, hoses, etc.). A minimum of two persons is required to fight a fire. To ensure employee safety, this is to be done only during the early stages of the fire.

Working away from the involved area, personnel will be assigned to:

1. Clear the aisles, hallways and other areas, of personnel and visitors.

2. Close all doors and windows.

3. Check driveways to see that they are clear for entry of fire fighting equipment. See that gates are unlocked and open.

4. Wait at the front entrance for arrival of fire fighting equipment. Direct the firemen to the fire if necessary.

The local fire/law enforcement officials will not permit re-entry onto the property until it is declared safe to do so by someone with Executive authority.

Section 14 EARTHQUAKES

In the event of an earthquake the following procedures shall be followed:

1. Assess damage and injuries.

2. Give first aid as needed. Remember, after an earthquake, utilities, police and fire agencies may not be readily available. DO NOT ATTEMPT TO TELEPHONE UNLESS ESSENTIAL.

3. Call the Fire Department only in the case of fire.

4. The nearest hospital for treatment is:

BatesCountyMemorialHospital

615 West Nursery

Butler,Mo.

(660) 679-4266 (Ambulance service)

5. Have damaged or potentially damaged utilities shut off at the main controls.

6. Personnel are to be instructed during orientation that they are to take shelter under a sturdy table or equipment during an earthquake and remain there until all shaking stops.

7. Evacuate as necessary. Supervisors shall be responsible for seeing that employees are evacuated to a safe area outside the building and clear of overhead electrical lines, utility post, block walls, etc., which might fall during aftershocks. Supervisors are cautioned to be alert for fallen high-tension lines, which may be touching metal objects on the ground.

8. Have all areas of the building and grounds inspected for damage before allowing personnel to return to these areas.

9. Have gas, electrical, water and fuel systems checked for damage before allowing personnel to return to the work areas.

11. Drinking water should be checked to determine that it is not contaminated. Water contained in toilet tanks can be boiled and used if absolutely necessary for drinking or treating injuries.

ALLORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCEAREHEREBY REPEALED.

THIS ORDINANCE WAS READ TWO TIMES ANDPASSED THIS 9^THDAY OF AUGUST 2011

APPROVED THIS 9^THDAY OF AUGUST 2011

___________________________________

Jim Kithcart, Mayor

ATTEST:

___________________________________

Rose Entrikin, City Administrator

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

1368 – Bill No. 358 Conflict of Interest

rentrikin — Wed, 07 Sep 2011 19:35:51 +0000

AN ORDINANCE TO ESTABLISH A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN OFFICIALS

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

SECTION 1: The proper operation of government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office shall not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city.

SECTION 2:

a. All elected and appointed officials as well as employees of a political subdivision, serving in an executive or administrative capacity, must comply with Section 105.454 RSMo on conflicts of interest as well as any other state law governing official conduct.

b. Any member of a governing body of a political subdivision who has a “substantial or private interest” in any measure, bill, order, or ordinance proposed or pending before such governing body must, before he passes on the measure, bill, order, or ordinance, disclose in writing that interest to the clerk of such body and such disclosure shall be recorded in the appropriate journal of the governing body. Substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of: (1) 10% or more of any business entity; or (2) an interest having a value of $10,000.00 or more; or (3) the receipt of a salary, gratuity or other compensation or re-numeration of $5,000.00 or more, per year, from any individual, partnership, organization or association within any calendar year.

SECTION 3: Each elected official, the chief administrative officer, the chief purchasing officer, and the full time general counsel shall disclose, in writing, the following information by May 1, with deadline procedures set forth below in SECTION 4, if any such transactions occurred during the previous calendar year:

a. For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of $500.00, if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision.

b. The date and the identities of the parties to each transaction known to the person with a total value in excess of $500.00, if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other transfers for no consideration to the political subdivision.

c. The chief administrative officer and the chief purchasing officer also shall disclose by May 1 for the previous calendar year the following information:

1. The name and address of each of the employers of such person from whom income of $1,000.00 or more was received during the year covered by the statement;

2. The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned 10% or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned 2% or more of any class of outstanding stock, limited partnership units, or other equity interests;

3. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.

SECTION 4:

a. The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year.

1. Every person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided, that any member of the city council may supplement the financial interest statement to report additional interest acquired after December 31 of the covered year until the date of filing of the financial interest statement;

2. Each person appointed to office shall file the statement within 30 days of such appointment or employment

3. For purposes of timely filing, the deadline for filing any statement required by this ordinance shall be5:00 P.M.of the last day designated for filing the statement. When the last day of filing, falls on a Saturday or Sunday or an official state holiday, the deadline for filing is extended to5:00 P.M.on the next day which is not a Saturday or Sunday or official holiday. Any statement required within a specified time shall be deemed to be timely filed if it is postmarked not later thanmidnightof the day previous to the last day designated for filing the statement.

b. Financial interest statements giving the financial information required in SECTION 3 shall be filed with the City Clerk of Rich Hill, Missouri, and with the Secretary of State prior to January 1^st. After January 1^st, reports shall be filed with the City Clerk of Rich Hill, Missouri, and the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.

SECTION 5: All ordinances, or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed, provided however, that this ordinance shall not affect any acts or the prosecution of any acts which may have occurred prior to the date of this ordinance.

SECTION 6: The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.

SECTION 7: This ordinance shall be in full force and effect from and after its passage and approval as provided by law.

1^ST READING 7^THDAY OF JULY 2011

2^ND READING 9^THDAY OF AUGUST 2011

PASSED THIS 9^THDAY OF AUGUST 2011

__________________________________________

Jim Kithcart, Mayor

ATTEST:

__________________________________________

Rose Entrikin, City Administrator

Ayes: BECKER, PERKEY-EWING, THURMAN, KASSNER

Nays: NONE

CERTIFICATION BY THE CLERK

STATE OFMISSOURI )

) AS

COUNTYOFBATES )

I, Rose Entrikin, CityAdministrator of the CITYOF RICH HILL, in the County andState aforesaid, do hereby certify that the above andforegoing ordinance providing for is a trueandcorrect copyof the Ordinance No. 1368 duly adopted by the Board of Alderman of the CITYOF RICH HILL, Missouri at their regular meeting on the 9^th day of august 2011.

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

_____________________________________________

Rose Entrikin,CityAdministrator ofCityof Rich Hill,Missouri

1367 – Bill No. 353 Nuisances

rentrikin — Wed, 07 Sep 2011 19:33:39 +0000

AN ORDINANCE DEFINING CERTAIN ACTS AND THINGS TO BE NUISANCES, PROHIBITING THE CREATION AND MAINTENANCE OF NUISANCE WITHIN THE CITY, PROVIDING PROCEDURES FOR THE ABATEMENT OF SUCH NUISANCES, AND PROVIDING PENATLIES FOR VIOLATIONS THEREOF

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

Section 1       Definitions
In this Ordinance unless the context otherwise requires the following terms shall have the meaning set opposite the term:
a. Person: Any person, firm, partnership, association, corporation, or other organization of any kind.
b. Vehicles: Any machine propelled by power other than human power designed to travel along the ground, in water or in the air by use of wheels, treads, runners, slides, wings, or otherwise, including, but not limited to, automobiles, trucks, trailers, motorcycles, buggies, wagons, airplanes, helicopters, boats or any part thereof.
c. Junk: Any metal, glass, paper, rags, wood, machinery, parts, cloth or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials.
d. Street or Highway: The entire area between the boundary lines of every public maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.
e. Property: Any land owned by the City or located within the City limits, not including streets or highways. (Ditches are included in the property)
f. Damaged or Disabled Vehicle: Any vehicle which is not registered or is improperly registered with the State of Missouri, or which has been inoperable for more than 72 hours or is in such a state of repair as to be inoperable except those on the premises of a duly licensed automobile repair or sales business, or in a duly licensed automobile junking yard. The 72 hours is at the discretion of the City Marshall or his duly authorized representative based on the safety of the public.
g. City: The City of Rich Hill, Missouri.
Section 2 Nuisances
As used in this Ordinance, unless the context otherwise requires, the term nuisance include:
a. Any damaged or disabled vehicle, part thereof, or junk located on any property, street or highway, which presents a hazard to children or harbors tall grass, weeds, or other vegetation, or creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats, or other vermin, or any vehicle, part thereof, or junk allowed to remain unmoved on any street or highway for 48 hours.
b. Any growth of weeds, grass, poisonous vegetation, ragweed, or other rank vegetation to a greater height then eight (8) inches. Accumulation of dead weeds, grass, brush or debris on the property that is a pile larger than 4 feet long and more than 6 feet high or has been there for more than 1 month. There can only be one accumulation per property Any weeds or debris in ditches abuting private property. The mowing and trimming of grass and weeds and the removal of debris in ditches shall be the responsibility of the owner and / or tenant whose property abuts such ditch.
c. Any act done or committed, or suffered to be done or committed by any person or any substance or thing kept, maintained, place or found in or upon public or private place within the City which is injurious, dangerous,   or unsafe to the public.
d. Any pursuit followed or acts done or acts failed to be done by any person, which is injurious, dangerous,   or, unsafe to the public.
e. Any pond or pool of stagnant water, or any foul or dirty water, or liquid discharge through any drainpipe or spout or thrown into or upon the street, alley, thoroughfare or lot which in injurious, dangerous, offensive, unhealthy or unsafe to the public.
f. Any obstruction caused or permitted on any street, sidewalk, public or private alley or traffic signs, which is injurious, dangerous, offensive, inconvenient, unsafe or unhealthy to the public.
g. Any stone, dirt, filth, slops, vegetable matter, animal matter, or other articles thrown or placed in or upon any street, alley, sidewalk or other public place which is injurious, dangerous, obnoxious, unsafe or offensive to the public.
h. The placing or storage of any green or salted hides which cause odor, which in injurious, dangerous, obnoxious, offensive, unhealthy or unsafe to the public.
i. Any animal or vegetable matter or other substance liable to become putrid, offensive or unhealthy, which is injurious, dangerous, unhealthy, unsafe or offensive to the public.
j. Any cellar, vault, private drain, pool, privy, sewer, cistern, well, sink or container which may be sufficiently tightly closed to suffocation, or which is not covered or protected so as to prevent humans and animals from falling into the same, which is injurious, dangerous, or unsafe to the public health.
k. Any house or building or tank within the city used for the special or exclusive storage of powders or dynamite, with a glycerin, coal oil, or other explosive substance, detrimental to the public health, or endangering human life, or any house, building or store, wherein quantities of such explosive is kept.
l.   Growth of trees, shrubs, brush or foliage that appears to be dead, diseased or insect infested, damaged, decayed or dangerous or likely to fall onto, into, around, upon or above such public property when the main source of growth is from or upon the owners property are kept, exposed or insecure, or kept in any manner so as to endanger the public.
m. With respect to a tree whose branches extend over a street or sidewalk, any such tree whose branches are not pruned to a height of at least (16) sixteen feet above street and (10) ten feet above a sidewalk
n.   Wooded areas will not be allowed inside the city limits except for the existing properties as of August 9, 2011. The existing properties are required to clear all growth of trees, shrubs, brush ,foliage, weeds, grass, poisonous vegetation, ragweed, or other rank vegetation to a greater height then eight (8) inches at least 25 feet from any street or alley.

Section 3 Unlawful to maintain
It shall be unlawful for any person to create or maintain a nuisance as defined herein.
Section 4   Investigation
It shall be the duty of the City Marshall or duly appointed representatives to investigate reports that a nuisance may exist and to carry out the procedures provided herein for the abatement of nuisances found to exist.
Section 5   Right of Entry
Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance, or whenever the City Marshall or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the City Marshall or his or her authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the City Marshall or his authorized representative by this code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the City Marshall or his authorized representative shall have recourse to every remedy provided by law to secure entry.
Section 6 Abatement-Damaged and Disabled Vehicles
a. Notice.
Whenever the City Marshall or duly authorized representatives determine that any vehicle, part thereof, or junk is a nuisance as defined herein, he shall cause written notice to be served in the manner provided in Section 9 of this Ordinance. The notice shall state that the vehicle, part or junk is deemed to be a nuisance within the provisions of this Ordinance and shall briefly state facts deemed to constitute such vehicle, part or junk a nuisance within the terms of this Ordinance and shall state that the person shall appear before an appointed board on a date which is at least within 7 days from the service of such notice or within 2 days if such nuisance is located partially or totally on public property after the date of the notice to show cause why the person should not abate the nuisance. At such hearing any party may be represented by counsel and all parties shall have an opportunity to be heard.
b. Disposition.
If not removed within the time specified within the notice, the vehicle, part or junk shall be transported to a storage area by, or at the direction of the City Marshall or duly authorized representatives, at the expense of the owner of person in custody thereof. It shall then be stored for a period of at least 90 days and the person entitled to the possession thereof may redeem the property by payment of the actual cost of its removal and the reasonable storage fee. If the vehicle, part or junk is unredeemed after the expiration of the 90 day period, the City Marshall or duly appointed representatives may sell to the highest bidder, or if it has no sale value may otherwise dispose of it. Any money received from disposal of any vehicle, part or junk shall be applied to the expenses charged to the owner or person in charge thereof, and any surplus shall be paid to the owner; provided however, that if the owner cannot be found within 30 days of such sale the surplus shall become the property of the City or otherwise dealt with in accordance with the laws of the State of Missouri.
c.   Notice of Sale.
Prior to the sale of any such property the City Marshall or duly appointed representative shall cause to be posted in City Hall, place of storage and at least one other public place in the City, a notice stating the following:
(a) That the City is selling abandoned property;
(b) The color, make, motor number and serial number, if available, and any other information necessary for an accurate identification of the property;
(c) The terms of the sale;
(d) The date, time and place of the sale.
(e) This notice shall be posted not less than 10 or more than 30 days prior to the date of sale.
Section 7 Weeds.

a. Abatement

i. Notice and Hearings.
Whenever the City Marshall or duly authorized representatives determine that weeds are a nuisance as defined herein, he may cause written notice to be served in the manner provided by Section 9 of this Ordinance. The notice shall state that the weeds are deemed to be a nuisance within the provisions of this Ordinance and shall briefly state facts deemed to constitute such weeds a nuisance within the terms of this Ordinance and state that a hearing shall be held before an appointed board not less than 10 days after the date of such notice to show cause why such nuisance should not be abated. Following the hearing the appointed board may declare the weeds to be a nuisance and order the same to be abated within 5 days. At such hearing any party may be represented by counsel and all parties shall have an opportunity to be heard.

ii. Abatement
In the event the weeds are not cut down and removed within the 5-day period, the appointed board may have the weeds cut down and removed and shall certify the cost of the same to the City Clerk.

iii. Tax Bill
The City Clerk shall cause a special tax bill therefore against the property to be prepared and to be collected by the City Collector with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first lien on the recitals therein and of its validity, and no mere clerical error of informality in the same or in the proceedings leading up to the issuance shall be a defense thereto. Such tax bills, if not paid when due, shall bear interest at the rate of 18% per annum.

b. Criminal Enforcement.
In addition to the abatement remedy provided in sub-paragraph a above, and without the necessity of the procedural requirements for abatements as provided therein, the City may cause a criminal complaint to be issued with respect to the existence of any nuisance described in Section 2b of this Ordinance, and upon the issuance of such complaint, any person convicted of maintaining such a nuisance shall be punished as provided in Section 14 of this Ordinance.
Section   8 Abatement – Generally
Except as may otherwise be provided for in this Ordinance with respect to a specific type of nuisance, the following procedures shall apply with respect to the abatement of any nuisance:
a. Notice and Hearings.
Whenever the City Marshall or duly authorized representatives, determine that any act or thing is a nuisance except as defined herein, he shall cause written notice to be served in the manner provided by Section 9 of this Ordinance The notice shall state that the act or thing is deemed to be a nuisance within the provisions of this Ordinance and shall briefly state facts deemed to be constitute such act or thing a nuisance within the terms of this Ordinance and shall state that the person shall appear before an appointed board on a date which is at least 10 days after the date of the notice to show cause why the person should not abate the nuisance. At such hearing any party may be represented by counsel and all parties shall have an opportunity to be heard.
b. Order.
After the hearing, if the evidence supports a finding that an act or thing is a nuisance or is detrimental to the health, safety or welfare of the residents of the City, the appointed board shall issue an order making specific findings of fact based upon competent and substantial evidence, which shows the act or things to be a nuisance and ordering the person to abate the nuisance within 5 days. The order may further provide that the appropriate city official is directed to abate the nuisance if the order is not obeyed within the time period set by the appointed board.
c.   Abatement.
If the order has not been obeyed within the time period set by the appointed board, the appropriate city official shall proceed to abate the nuisance in the manner provided by the order of the appointed board and the cost of the same may be assessed as a special tax bill against the property so improved or upon which such work was done.
            d. Tax Bill
The City Clerk shall cause a special tax bill therefore against the property to be prepared and to be collected by the City Collector with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first lien on the recitals therein and of its validity, and no mere clerical error of informality in the same or in the proceedings leading up to the issuance shall be a defense thereto.    Such tax bills, if not paid when due, shall bear interest at the rate of 18% per annum.
Section 9 Service of Notices.
All notices required to be given as to the existence of a nuisance or of a hearing to determine whether a nuisance exists or to abate a nuisance shall be in writing and shall be personally given or sent by United States Mail to owner or owners, or the owner’s agents, and by posting such notice on the premises that is deemed to be in violation of this Ordinance.
Section 10 Duty of Owner or Custodians.
Any person receiving a notice provided above for the abatement of a nuisance shall immediately comply with the provisions of the notice requiring abatements.
Section 11 Independent Contractors.
The City shall be authorized to contract with an independent contractor, who will perform the duties imposed upon the city herein for the abatement of nuisances specifically including the transportation, storage, and sale of vehicles and junk, the demolition and repair of buildings and structures, the cutting of weeds and the abatement of other nuisances, provide such notices and hearing as may be required, herein. In the event the City enters into such a contract, the city shall not be liable for the acts of the independent contractor or its agents.
Section 12   Emergency Powers.
Where it reasonable appears that there is an immediate danger to the health, safety, or welfare of any person dye to the existence of a nuisance, the City Marshall or duly authorized representatives shall have the authority to take such emergency measures as may be reasonably necessary to abate the nuisance or to render it temporarily safe.
Section 13   Appeal.
Any person aggrieved by any final order or action of the city pursuant to the provisions of this Ordinance shall have the right to appeal to the Board of Alderman of the City of Rich Hill or the Circuit Court of Bates County, Missouri, provided that written notice of such appeal is served upon the City specifically listing the grounds for such appeal within 5 days from such final order or action of the City.
Section 14   Misdemeanor and Penalties.
The provisions contained herein for abatement of nuisances shall not be exclusive and the City may pursue any additional remedies it may have as provided by law. Any person violating this Ordinance shall upon conviction be fined in an amount not exceeding $500.00 and court cost or be imprisoned. Any owner having control of such property who shall allow a nuisance shall be found guilty of a misdemeanor and upon conviction shall be fined as follow:
1st offense $25.00 plus Court Cost
2nd offense $75.00 plus Court Cost
3rd offense $125.00 plus Court Cost
4th offense $250.00 plus Court Cost
5th offense $500.00 plus Court Cost
Any person removing such sign shall be guilty of a misdemeanor and upon conviction and may be fined up to $200.00.
Section 15 Charges for Abatements
The following charges may be assessed as special tax bills in the abatements of nuisances:
a. Mowing of each lot of fraction thereof $100.00
b. Items hauled to the landfill will be charged per ton at the current landfill rate.
c. Labor for City employees will be at the rate of $40.00 per hour per employee.
d. Use of City equipment will be charged at the established rate for rental of equipment.
e. Cost of any purchase of materials
f. The cost of the ownership and encumbrance report.
g. Administrative costs shall also be collectible and shall be included in the Special Tax Bill which will include a $50 processing fee in addition to the cost of postage and advertising.
Section 16 Separate Offense
Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
Section 17 Repeal
All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 18 Invalidity.
The invalidity of any section, clause, sentence or provisions of this Ordinance shall not affect the validity of any other part of this Ordinance, which can be given effect without such invalid part or parts.
Section 19   Effective Date
This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.

Read two times and passed this 9th day August 2011.

_____________________________
Jim Kithcart, Mayor

ATTEST:

______________________________
Rose Entrikin, City Administrator

Ayes: Becker, Perkey-Ewing, Thurman, Kassner
Nays: None

1366 – Bill No. 359 Council Meeting

rentrikin — Wed, 07 Sep 2011 19:31:09 +0000

Bill No. 359 Ordinance No. 1366

ORDINANCE PERTAINING TO COUNCIL MEETING DATESANDTIMES; REGULATING THE SALARYANDSPECIAL MEETING ALLOWANCE FOR THE MAYORANDALDERMAN FOR THECITYOF RICH HILL, MISSOURI.

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THECITYOFRICH HILLAS FOLLOWS:

Section 1: Regular Meetings

The regular meetings of the Board of Aldermen shall be held on the second Tuesdays of each month, at the hour ofseven o’clock p.m., but the board may adjourn from time to time.

Section 2: Special Meetings

The Mayor may call special meetings at any time by publication in any newspaper published in the City, or by causing the City Marshal to serve notice upon the members of the board, or by leaving a copy of the notice at the residences of the alderman. The notice shall state the object of such special meeting and no other business than that specified in such notice shall be considered at such special meeting.

Section 3: Mayor Salary

The salary for the Mayor shall be $350.00 monthly to be payable on the 1^st day of each month.

Section 4: Aldermen Salary

The salary of the Aldermen shall be $90.00 monthly to be payable on the 1^st day of each month.

Section 5: Special Meeting Allowance

The Mayor and Aldermen shall receive $7.50 for each special council meeting that they attend.

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

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

1^stReading7/26/11

2^ndReading8/9/11

Passed this 9^th day of August 2011.

______________________________

Jim Kithcart, Mayor

ATTEST:

______________________________

Rebecca Rich, City Clerk

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

1365 – Bill No. 356 Vacating Alley in Block 4 Glasgo Addn

rentrikin — Wed, 07 Sep 2011 19:26:58 +0000

AN ORDINANCE VACATINGALLOF THE ALLEY LYING NORTH OF LOTS 6-8ANDSOUTH OF LOTS 4AND5 IN BLOCK 4 IN THE GLASGO’SADDITION IN RICH HILL,MISSOURI

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

Section 1. That the entire alley lying North of Lots 6-8 and South of Lots 4 and 5 in Block 4 in the Glasgo’s Addition of the City of Rich Hill, Missouri be vacated.

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

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

1^st Reading 14^th day of June 2011

2^nd Reading 28^th day of June 2011

Passed this 28^th day of June 2011.

________________________________

Jim Kithcart, Mayor

Attest:

_______________________________

Rebecca Rich, City Clerk

Ayes: Perkey-Ewing, Thurman, Kassner

Nays: None

Becker abstained due to relationship to possible buyer.

1364 – Vacating a Part of Park Street

rentrikin — Wed, 07 Sep 2011 19:23:46 +0000

AN ORDINANCE VACATING ALL OF PARK STREET FROM 15^TH STREET EAST TO THE RIGHT OF WAY FOR 71 HIGHWAY IN THE CITY OF RICH HILL, MISSOURI

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

Section 1. That all of Park Street which runs East and West from 15^th Street going east to the Right of Way for 71 Highway be vacated in the City of Rich Hill, Missouri .

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

1^st Reading 14^th day of June 2011

2^nd Reading 28^th day of June 2011

Passed this 28^th day of June 2011.

________________________________

Jim Kithcart, Mayor

Attest:

_______________________________

Rebecca Rich, City Clerk

Ayes: Perkey-Ewing, Thurman, Kassner

Nays: None

Becker abstained due to relationship to possible buyer.

1362 – Bill No. 351 Operation of Motor Vehicles

rentrikin — Tue, 23 Aug 2011 21:00:23 +0000

AN ORDINANCE REGULATING THE OPERATION OF MOTOR VEHICLES IN THE

CITYOF RICH HILL,MISSOURI

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

SECTION 1: Chapter 300, consisting of section 300.010 through 300.600, of the Revised Statutes of Missouri, commonly known as the “Model Traffic Ordinance,” is hereby adopted as and for the traffic ordinance of this City with like effect as if recited at length herein.

SECTION 2: No person shall operate a motor vehicle within the City without a valid state operator or chauffeur’s license, or operate a motor vehicle without a valid state operator’s or chauffeur’s license on or about his or her person, or operate a motor vehicle without a valid motor vehicle registration.

SECTION 3: No owner or driver of any motor vehicle shall place the vehicle in charge of or permit it to be driven upon the streets of the City by any person under the age of sixteen years without a valid permit.

SECTION 4: The parking of motor vehicles upon any street or alley in the City for longer period than 48 hours is hereby prohibited. Streets or alleys cannot be blocked at any time.

SECTION 5: No vehicle shall be stopped or parked and left without an operator or driver at any place upon the streets of the City between a parked car and the center of the street.

SECTION 6: (a) In any prosecution charging a violation of any law or regulation governing the parking of a vehicles, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(b) The foregoing presumption shall apply only when the procedure as prescribed in sections 360.585 and 300.590 of the Model Traffic Ordinance adopted by section 6 has been followed.

SECTION 7: Upon the arrest of any minor under age seventeen for violation of any provisions of this ordinance they shall be turned over to the juvenile officer for disposition.

SECTION 8: No person engaged in hauling coal, gravel, rock, tile, trash, refuse, brush or other material wil1 load the vehicle used in such hauling to such an extent that a part of the load may be shaken off, or used in any such hauling any broken or leaky box, body or bed from which such materials may fall or leak out upon the streets or alleys of the City. And any person who shall purposely, accidentally or by reason of accident, have dropped from his vehicle any such substance shall immediately stop such vehicle and make all reasonable effort to clear such street or alley thereof.

SECTION 9: Any freshly oiled street within the City shall be barricaded by the person doing the oiling, and it shall be unlawful for any person to drive a vehicle upon such street while barricaded.

SECTION 10: Every person operating a motor vehicle on the streets of this City shall drive in a careful and prudent manner, and shall exercise the highest degree of care and at a rate of speed so as not to endanger the property of another or the life or limb of any person.

SECTION 11: No person shall operate a motor vehicle in the City ofRich Hillin excess of 25 miles per hour unless otherwise designated by traffic signs. No person shall operate a motor vehicle in the excess of 70 miles per hour on Highway 71 or in excess of 35 miles per hour on Route A for the portions that is inside the City limits of Rich Hill.

SECTION 12: No person shall drive, use or tamper with a motor vehicle without the permission of the owner or person in charge thereof. No person shall, without permission of the owner or person in charge thereof, climb upon or into or swing upon any motor vehicle whether it is in motion or at rest, or sound the horn thereof or attempt to manipulate any of the machinery thereof or set such vehicle in motion, or hold to such vehicle while riding a bicycle or other vehicle.

SECTION 13: No person shall operate a motor vehicle while in an intoxicated condition, or while under the influence of drugs.

SECTION 14: No person driving a motor vehicle upon the streets or alleys of the City and knowing that an injury has been caused to any person or damage has been caused to property due to the culpability or negligence of such driver, or to accident, shall fail to stop promptly nor shall he leave the scene of such injury, damage or accident without giving his name, residence, including city street number, state motor vehicle number and chauffeur’s or registered operator’s number to the injured party or to a City Police Officer or to the Police Judge in case no police officer is present,

SECTION 15: No person shall drive a motor vehicle upon the streets of the City unless it is equipped with a horn, directed forward, or whistle, in good operating condition and two head lights and tail lights in good working condition; nor shall any person drive a motor vehicle upon the streets of the city with muffler cutout open; and no vehicle shall be driven in such manner or be in such condition that excessive noise shall he made by its machinery, motor, signaling device or other parts; and all such motor vehicles shall be provided with a set of adequate brakes, kept in good working condition.

SECTION 16: The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle, which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.

SECTION 17: When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the drive of the vehicle on the right. This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left urn.

SECTION 18: The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

SECTION 19: The driver of any vehicle shall stop as required by this section at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection on the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard. The state highway commission may erect stop signs at the entrance of any public road into a through highway.

SECTION 20: The driver of a vehicle about to enter or cross a highway from an alley or any private road or driveway shall yield the right of way to all vehicles approaching on said road or highway.

SECTION 21: The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right of way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

SECTION 22: The Police Judge shall have all powers and authority and shall perform such duties as are prescribed for municipal courts in rules 37.46 to 37.40 of the rules of the Supreme Court of Missouri. (He may appoint as traffic violations clerk the Chief of Police or any Police Officer designated by the Chief of Police, or the City Clerk. In establishing schedules of fines and rules for the payment of fines including time limits, the police judge shall conform to the provisions of this article.

SECTION 23: No person shall cause a motor vehicle to be parked or set idiling with any marked fire lane, in front of a fire hydrant, or any other marked “No Parking” area within the City ofRich Hill

SECTION 24: Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding 120 days or by both such fine and imprisonment.

SECTION 25: All ordinances or parts or ordinances in conflict with this ordinance arc hereby repealed to the extent of such conflict.

SECTION 26: This ordinance shall take effect and be enforced from and after its passage and approval.

First readingMay 24, 2011

Second readingMay 31, 2011

Read two times and passed this 31^st day of May 2011.

Approved this 31^st day of May 2011

________________________________

Jim Kithcart, Mayor

ATTEST:

_______________________________

Rebecca Rich, City Clerk

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

1361 – Bill No. 350 Wastewater

rentrikin — Tue, 23 Aug 2011 20:58:48 +0000

AN ORDINANCE REGULATING THE USE OF PUBLICANDPRIVATE SEWERSANDDRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATIONANDCONNECTION OF BUILDING SEWERS,ANDTHE DISCHARGE OF WATERSANDWASTES INTO THE PUBLIC SEWER SYSTEM: ANDPROVIDING RATES & PENALTIES FOR VIOLATIONS THEREOF: IN THECITYOF RICH HILL, COUNTY OF BATES, STATE OF MISSOURI.

Be it ordained by the Mayor and Board of Aldermen of the City ofRich Hill, State ofMissouri, 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: “Superintendent” Shall mean the Superintendent of Sewage Works and/or Water Pollution Control of the City ofRich 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 ofRich 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.

ARTICLEIII:

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 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 Superintendent. A permit and inspection fee of $25.00 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 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 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 ofMissouri. 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 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 Superintendent. A permit and inspection fee of $25.00 for a residential or commercial Building Sewer permit and $25.00 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 $300.00. The City’s water and Sewer personnel will install all Sewer taps or a contractor authorized by the City ofRich 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 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 wallABS plastic, SDR-35 conforming to A.S.T.M. Specification D-2751. Joints Shall be by solvent welding or rubber gasket, or

b. Extra strength clay pipe and fittings conforming to A.S.T.M. C700. Joints Shall conform to A.S.T.M. C425 “Compression joints for Vitrified clay bell and spigot pipe” or A.S.T.M. C594 “Compression Couplings for vitrified clay plain end pipe”, or

c. Cast iron soil pipe and fitting conforming to A.S.T.M. A74 with rubber gasket joints conforming to A.S.T.M. c564.

(Except in regard to theABSplastic other plastic materials May be used only if manufactured for the purpose of carrying Sewer waste material and providing the above SDR figures are maintained.)

d. The Building Sewer Shall be constructed of approved pipe and fittings meeting the currentASTM specifications

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

f. 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.

g. 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.

h. 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.

i. The size and minimum slope of the Building Sewer Shall be as provided herein subject to the review and approval of the 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 withASTMspecification D2321 for plastic andASTMC12 for vitrified clay pipe. except that no backfill Shall be placed until the inspector or his representative has inspected the work. Cast iron soil pipe Shall be installed in accordance with the requirements for vitrified clay pipe.

j. 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 sire 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 by the use of bedding materials.

k. 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.

l. 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 Superintendent before installation must approve any deviation from the prescribed procedures and materials.

m. 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.

n. 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 Superintendent. Industrial cooling water or unpolluted process waters May be discharged on approval of the 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:

a) Any gasoline, benzene, naphta, fuel oil, or other flammable or explosive liquid, solid, or gas.

b) 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.

c) 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.

d) 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 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 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:

a) Any liquid or vapor having a temperature higher than one hundred fifty (150) E F (65E C).

b) 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).

c) 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 Superintendent.

d) Any waters or wastes containing strong acid iron, pickling wastes or concentrated plating solutions, whether neutralized or not.

e) 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 Superintendent for such materials.

f) Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which May be established by the 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.

g) Any radioactive wastes or isotopes of such half-life or concentration as May exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

h) Any waters or wastes having a pH in excess of 9.5.

i) Materials which exert or cause:

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).
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the Sewage treatment works.
Unusual volumes of flow or concentration of wastes constituting “Slugs” as defined herein.

j) 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.

k) Any waters or wastes having

A 5-day BOD greater than 300 parts per million by weight, or
Containing more than 350 parts per million by weight of Suspended Solids, or
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 Superintendent.

l) Where necessary in the opinion of the Superintendent, the owner Shall provide, at his expense, such preliminary treatment as May be necessary to

reduce the biochemical oxygen demand to 300 parts per million by weight, or
reduce the Suspended Solids to 350 parts per million by weight, or
control the quantities and rates of discharge of such waters or wastes.
pay additional surcharge ( Reference is made to Appendix A of this Ordinance)

BOD Surcharge = $0.49 per lb.

SS Surcharge = $0.42 per lb.

m) Plans, specifications, and any other pertinent information relating to propose preliminary treatment facilities Shall be submitted for the approval of the 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 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 Superintendent May:

a) Reject the wastes,

b) Require pretreatment to an acceptable condition for discharge to the Public Sewers,

c) Require control over the quantities and rates of discharge, and/or

d) 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 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 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 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 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 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 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 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 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 ArticleVII, Section 1 above, the 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 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.

Section 4: The city will use the Sewer machine to clean out private Sewer lines. During regular working hours the customer will be required to fill out a work order releasing the city of all liability and the customer will be required to pay a $20.00 service fee. After hours and on weekends the customer will be required to sign a work order releasing the city of all liability and $70.00 service fee. All charges that are not paid in advance will be added to the utility bill.

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 $150.00 dollars 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 of $15.00. Each user will pay a user charge rate for operation and maintenance in the amount of $.00580 per gallon of water used. Users outside the city limits will pay a minimum charge of $16.00. Each user will pay a user charge rate for operation and maintenance in the amount of $.00680 per gallon of water used.

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 6: When a customer believes an inequity has occurred due to a water leak and they have met all the requirements for a water adjustment as stated in the water ordinance, the City will adjust their Sewer billing to their average bill.

Section 7: A replacement schedule has been developed to fund a Replacement Account to replace equipment over the life of the Sewage Works. (See Appendix A)

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 charge sewer charges on water to fill a pool as long as they meet the following requirements.

ABOVE GROUND POOLS

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

BELOW GROUND POOLS

a) 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.

b) They can only get this credit one time a year.

c) Must notify city hall of the date for the pool to be filled.

d) Must submit a copy of the pool specifications in regards to how much water the pool holds.

e) City will take a reading before the pool if filled 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 ReadingMay 24, 2011

Second ReadingMay 31, 2011

Read two times and passed and adopted by the Board of Aldermen of the City of Rich Hill, State of Missourion the 31^st day of May 2011, by the following vote:

Ayes: Becker, Perkey-Ewing, Thurman, Kassner

Nays: None

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

________________________________________

Jim Kithcart, Mayor

Attest:

_________________________________________

Rebecca Rich, City Clerk

APPENDIX A

This appendix contains a replacement schedule that was developed to determine the amount of revenue needed to fund the Replacement Account. The replacement schedule lists the equipment in the treatment works, the estimated dates when the equipment will have to be replaced, and the estimated cost of replacement (including an allowance for inflation) over the useful life of the treatment works. Also listed is the estimated cash flow that will occur in the Replacement Account. The replacement dates and costs shown are estimates: the actual replacement dates and costs could be significantly different from those shown. If the actual replacement expenses differ significantly from those listed in the replacement schedule, the funding of the replacement account Shall be adjusted accordingly.

Replacement Schedule

Years

From

Treatment

Operation Main Replacement Item Expenditure Income* Balance

1 Bearings and Bushings $7,500.00 $20,000.00 $12,225.00

2 Belts and Couplings, etc $7,500.00 $20,000.00 $24,939.0333

3 Control Panel Components $15,000.00 $20,000.00 $29,836.00

4 $15,000.00 $20,000.00 $34,378.00

5 Bearings and Bushings $15,000.00 $20,000.00 $38,697.00

6 Belts and Couplings, etc. $15,000.00 $20,000.00 $42,782.00

7 Control Panels $15,000.00 $20,000.00 $46,471.00

8 Rotor Overhaul $15,000.00 $20,000.00 $49,745.00

9 Clarifier Components $22,500.00 $20,000.00 $42,982.00

10 $21,000.00 $20,000.00 $36,961.00

11 Sludge Truck Overhaul $37,500.00 $20,000.00 $7,000.00

12 Flow meter, etc $15,000.00 $20,000.00 $5,995.00

13 Bearings and Bolts $15,000.00 $20,000.00 $4,224.00

14 Diffusers $12,500.00 $20,000.00 $5,581.00

15 Pump Overhaul $15,000.00 $20,000.00 $2,610.00

16 Extensive Electric Overhaul $12,500.00 $20,000.00 $27,241.00

17 Control Panel Components $10,000.00 $20,000.00 $6,378.00

18 Sampler $10,000.00 $20,000.00 $9,697.00

19 Rotor Overhaul $12.500.00 $20,000.00 $8,307.00

20 Bearings and Belts $15,000.00 $20,000.00 $1,572.00

* Based on inflation @ 3%and interest of 5%