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TENTATIVE AGENDA

REGULAR BOARD MEETING

CITY OF RICH HILL

Council Chambers, 120 N. 7th St., Rich Hill

November 9, 2021, 6:00 p.m.

  1. Call to Order
  2. Roll Call  
  3. Moment of Silence
  4. Pledge of Allegiance
  5. Approval of the Agenda
  6. Guests
    1. Orlando Goossen – Water Leak Adjustment Request
  7. Public Comments: Each speaker shall be limited to 3 minutes
    • PERSONS WHO PARTICIPATE IN THE CITIZEN COMMENT PORTION OF THE MEETING SHOULD BE AWARE THAT THE FOLLOWING STATEMENT WILL BE READ INTO THE RECORD IN ORDER TO AFFORD LISTENERS A FULLER UNDERSTANDING AS TO THE NATURE OF THE PROCEEDINGS
    • Members of the audience and those reading our minutes are reminded that the Board of Aldermen do not control or vouch for the accuracy or truthfulness of any statements made by those who participate in the citizen comment portion of our meeting.
  8. Minutes
    1. Waive the Reading of the Minutes
    2. Approval of the Minutes
      1. Board Meeting 10/13/21
      2. Special Meeting 11/4/21
    3. Approval of Closed Session Minutes
      1. Board Meeting 10/13/21
  9. Financials
    1. Bills for payment
      1. Operating Cash $79,289.60
      2. Restricted $0.00
      3. Designated $0.00
      4. Total Payment $79,289.60
    2. Financial Statement
    3. Check Register
    4. Transaction Register
    5. Tax Revenue
  10. Unfinished Business
    1. City Dump
    2. Cemetery Fencing
    3. Budget FY 2022
  11. New Business
    1. Bill No. 659 AN ORDINANCE ESTABLISHING THE CITY OF RICH HILL DUMP AREAS AND THE RULES AND REGULATIONS FOR THE LOCATIONS KNOWN AS THE CLEAN FILL DUMP AND YARD WASTE DUMP
    2. Bill No. 749 AN ORDINANCE PROVIDING FOR A GENERAL ELECTION IN THE CITY OF RICH HILL, MISSOURI, TO BE HELD ON APRIL 5, 2022, FOR THE PURPOSE OF ELECTING OFFICERS
    3. Bill No. 750 AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF RURAL FIRE PROTECTION SERVICES TO PROPERTY OWNERS AND RESIDENTS OUTSIDE THE CITY LIMITS OF RICH HILL, MISSOURI
    4. Osage Valley Electric Cooperative
    5. Backhoe Purchase
    6. Fire Department Mutual Aid Agreement
    7. Thanksgiving Gift Cards
    8. Chestnut Street Drainage Issues
  12. Reports
    1. Alliance Report
    2. Fire Report
    3. Police Report
    4. Assistant City Clerk Report
    5. Engineering Report
    6. Mayor’s Report
  13. Closed Session Section 610.021 RSMo. Paragraph #1 Legal, #2 Real Estate, #3 Personnel, #12 Negotiated Contracts and #13 Personnel Records
  14. Adjournment
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AGENDA

Planning & Zoning Commission

CITY OF RICH HILL

Council Chambers, 120 N. 7th, Rich Hill

December 29, 2021 6:00 p.m.

  1. Call to Order
  2. Roll Call –
    1. Thompson-
    2. Kitchcart-
    3. Case-
    4. Rich-
    5. Turner-
    6. Glynn-
    7. Stevener-
  3. Approval of Agenda
  4. Approval of the Minutes
    1. May 20, 2021 Planning and Zoning Commission Meeting
  5. Old Business
    1. Land Restriction Zones
    2. Ordinance Language Adoption
  6. New Business
  7. Staff Report
  8. Commission Comments
  9. Adjourn
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RESOLUTION 2021-9

A RESOLUTION OF THE CITY OF RICH HILL, MISSOURI, AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY, TO ENTER INTO A CONTRACT FOR PURCHASE AND SALE OF DISTRIBUTION FACILITIES BETWEEN THE CITY OF RICH HILL, MISSOURI AND OSAGE VALLEY ELECTRIC COOPERATIVE ASSOCIATION; AND AUTHORIZING THE MAYOR AND OTHER CITY OFFICIALS TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY AND TO TAKE ALL ACTION NECESSARY, TO COMPLETE AND PERFORM SAID CONTRACT.

            WHEREAS, the Voters of the City of Rich Hill, Missouri approved Question 2 on the April 6, 2021 election ballot by more than two-thirds vote authorizing the City of Rich Hill to sells its city-owned electrical distribution system to Osage Valley Electric Cooperative Association to engage in the sale, supply, and delivery of electric services at retail within the City, including the right to use and occupy the right-of-way for the location, construction, erection, operation, maintenance of said system; and

            WHEREAS, the Mayor and the Board of Aldermen have determined that the terms and provisions of the proposed contract between City of Rich Hill, Missouri and Osage Valley Electric Cooperative Association for these services will serve the best interests of the City.

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

            SECTION 1. The City of Rich Hill, Missouri, shall enter into a Contract for Purchase and Sale of Distribution Facilities between City of Rich Hill, Missouri (“City”) and Osage Valley Electric Cooperative Association, Inc. (“OVEC”) for the sale of the city’s electric distribution facilities to OVEC and for City to grant OVEC a franchise to engage in the sale, supply, and delivery of electric services at retail within the City.  A true and accurate copy of the proposed said Contract is attached hereto as Exhibit A and incorporated herein by reference.

            SECTION 2. The Mayor and City Clerk are hereby authorized to execute the above-mentioned Contract on behalf of the City, and the Mayor and other City Officials are authorized to take all action necessary to complete and perform the said Contract.

            SECTION 3. This resolution shall be in full force and effect from and after its passage and approval.

            PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF RICH HILL, MISSOURI THIS 21ST DAY OF JULY, 2021.

                                                                        ___________________________________

                                                                        Jason Rich, Mayor

ATTEST:

____________________________

Casey Crews, City Clerk

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RESOLUTION 2021-8

RESOLUTION TO BE USED BY CITIES WHEN APPLYING FOR PARTICIPATION IN THE NFIP

Whereas, certain areas of the City of Rich Hill are subject to periodic flooding causing serious damages to properties within these areas; and

Whereas, relief is available in the form of federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and

Whereas, it is the intent of this Board of Alderman to require recognition and evaluation of flood hazards in all official actions relating to land use in areas having these hazards; and

Whereas, this body has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to RSMo 79.110.

Now, therefore be it resolved, that this Board of Alderman hereby:

1.        Assures the Federal Insurance Administration that it will enact as necessary, and maintain in force in those areas having flood hazards, adequate land use and control measures with effective enforcement provisions consistent with the Criteria set forth in Section 60.3 of the National Flood Insurance Program regulations; and

2.        Vests the Mayor or designee with the responsibility, authority, and means to:

           a.        Assist the Federal Insurance Administrator, at his\her request, in delineating the limits of the areas having special flood hazards;

           b.        Provide such information as the Administrator may request concerning present uses and occupancy of the floodplain areas;

           c.        Cooperate with Federal, State, and local agencies and private firms which undertake to study, survey, map, and identify floodplain areas, and cooperate with neighboring communities and the county with respect to management of adjoining floodplain areas in order to prevent aggravation of existing hazards;

           d.        When received from the Administrator, complete and submit those reports which advise the Administrator on the progress made within the community in the development and implementation of floodplain management measures; and

           e.        Upon occurrence, notify the Administrator in writing whenever the boundaries of the community have been modified by annexation or loss of authority to adopt and enforce floodplain management regulations for a particular area.  Included in such notification will be a map of the community, suitable for reproduction, which clearly delineates the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority.

3.        Appoints the Mayor or designee to maintain for public inspection and to furnish upon request, for the determination of applicable flood insurance risk premium rates any certificates of floodproofing and information on the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures; and

4.        Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the Program.

adopted and passed, by the Board of Alderman of the City of Rich Hill this 9th of June, 2021.

                                                                                          _____________________________________________

               (Seal of the City)                                                                           Nathan Kassner, President of the Board

                                                                           Attest:                                                                                                           

                                                                                          __________________________________________  __                                                                       

                                                                                                         Amber Barker, Assistant City Clerk

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RESOLUTION 2021-7

A Resolution authorizing a facilities and services agreement with the Rich Hill 4th of July Committee for the use of Park Place and Prospect Park; Olive Street from Fayette Street to Second Street; Park Street from 14th Street to McCombs Street; Maple Street from 8th Street to 6th Street; Pine Street from Railroad Street to 6th Street; Railroad Street from Park Street to Pine Street; 7th Street from Walnut Street to Pine Street; 6th Street from Walnut Street to Maple Street; 5th Street from Walnut Street to Maple Street; 3rd Street from Walnut Street to Maple Street; 2nd Street from Olive Street to Park Street; 1st Street from Chestnut Street to Park Street; and Fayette Street from Chestnut Street to Park Street for the Fourth of July Celebration, Fireworks Display, and Parade; and fixing the time when this resolution shall become effective.   

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

SECTION 1 – The Mayor of Rich Hill is hereby authorized to execute a facilities and services agreement with the Rich Hill 4th of July Committee for the use of  Park Place and Prospect Park; Olive Street from Fayette Street to Second Street; Park Street from 14th Street to McCombs Street; Maple Street from 8th Street to 6th Street; Pine Street from Railroad Street to 6th Street; Railroad Street from Park Street to Pine Street; 7th Street from Walnut Street to Pine Street; 6th Street from Walnut Street to Maple Street; 5th Street from Walnut Street to Maple Street; 3rd Street from Walnut Street to Maple Street; 2nd Street from Olive Street to Park Street; 1st Street from Chestnut Street to Park Street; and Fayette Street from Chestnut Street to Park Streetfor the Fourth of July Celebration, Fireworks Display, and Parade. The form and content of the agreement shall be substantially in the same form as set forth in “Exhibit A” attached hereto and made a part hereof as fully as if set forth herein verbatim.

SECTION 2 – This resolution shall be in full force and effect from and after its passage.

PASSED this 9th day of June 2021

ATTEST:

 ____________________________                            ______________________

 Amber Barker, Deputy City Clerk                            Nathan Kassner, President of the Board

APPROVED AS TO FORM:

Ayes: Kassner, Bonham, Thompson                                             

Nays:  

Abstain: 

EXHIBIT A

Rich Hill 4th of July Committee

Facilities and Services Agreement

This agreement is entered into by and between the Rich Hill 4th of July Committee hereinafter referred to as “Committee” and City of Rich Hill hereinafter referred to as “City” for the use ofPark Place and Prospect Park; Olive Street from Fayette Street to Second Street; Park Street from 14th Street to McCombs Street; Maple Street from 8th Street to 6th Street; Pine Street from Railroad Street to 6th Street; Railroad Street from Park Street to Pine Street; 7th Street from Walnut Street to Pine Street; 6th Street from Walnut Street to Maple Street; 5th Street from Walnut Street to Maple Street; 3rd Street from Walnut Street to Maple Street; 2nd Street from Olive Street to Park Street; 1st Street from Chestnut Street to Park Street; and Fayette Street from Chestnut Street to Park Street for the Fourth of July Celebration, Fireworks Display, and Parade. In consideration of the mutual benefits to be derived, the parties agree to the following terms and conditions.

A.        PURPOSE OF USE

The City shall make available the facilities as specified above including, but not limited to, Park Place Pavilion, sidewalks, Prospect Park shelter houses, sand volleyball courts, tables and parking areas.  The City shall not be liable for any delays, failures, or accidents that may affect the services and use of the facilities.

 B.       DATE OF USE

The Committee meeting/event/convention/conference shall be held on June 30th-July 4th with set up on June 27th-July 1st and clean up July 5th-10th.

The Committee shall pay the City for rent of the properties and for use of facilities as follows: $10.00 + out of pocket expenses to be billed after the event (electric and water usage, damages, if any, and up to but not to exceed $500 for security). A deposit of $500 shall be paid upon execution and delivery of this agreement.Any changes to the original agreement shall be in writing and signed by both parties.

C.        FIREWORKS DISPLAY

  1. Whereas, there is a large increase in foot traffic, business sales, tourism that results in financial benefits that the City receives solely from this event the City shall contribute $5,000 for the purchase of fireworks used during the fireworks display.
  • The Committee shall provide the City with a copy of the receipt for the total of the fireworks purchased.

D.        OTHER CONDITIONS

  1. To the extent allowed by law, the Committee shall indemnify, protect, defend and hold harmless the City, its officers, agents, and employees from any and all liability including claims, demands, losses, costs, damages, and expenses of every kind and description (including death) or injuries to persons or damages to property arising out of the Committee’s use of the City’s facilities and services.    
  2. The Committee may advertise any performance, exhibition, attraction or public display that meets with the approval of the City as to the means and manner of the advertising.  No programs shall be sold without the consent of the Board of Alderman.
  3. The Committee shall comply with all rules and requirements of the Police Department and other appropriate authorities; shall obtain and pay for all necessary permits and licenses; and shall not do or suffer to be done anything on the premises during the term of this agreement that is in violation of the state or federal law or the City ordinances, rules and regulations.

Due to increased foot traffic, business sales and tourism in the City and because the festivity providers require them to be onsite to provide services, Article 2 of Ordinance 1711 shall not be in effect inside the street-closed areas during the dates of use registered with the Committee.

  • No booths or obstructions of any kind shall be allowed in front of water fountains. The Committee shall not injure or mar, or in any manner deface the premises; no bills, signs, or other articles shall be posted, nailed or otherwise attached to any part of the facilities in any manner as to injure, deface, or destroy the same. The Committee covenants and agrees that it shall, upon the termination of this agreement, surrender the premises in as good order and condition as existed at the commencement of the agreement, acts of God and ordinary wear and tear excepted.
  • Neither the Committee nor the festival providers shall bring onto, or possess on the City premises animals, pets, contraband, or other controlled substances.
  • The Committee shall not assign this agreement or permit any use of the premises other than herein specified, or let any article be brought into or act done on the premises that vitiate or increase the premiums of the insurance policy or policies held by the City on its facilities, of which the premises are a part of.
  • The City shall have, at all time, free access to the premises for conducting necessary inspections or attending to any other matter that is usual and customary in managing and regulating the facility. The keys and other locking devices may be logged out from the City in accordance to the City’s key policy.
  • The City, its employees, servants and agents shall not be responsible for any damage to the property or injury that may happen to the Committee’s agents, servants and employees, or to property that may belong to any other person including any of the general public that may attend the festival when the loss arises from theft, fire or any other circumstance.
  • The Committee through its concessionaire shall have the sole right:
  • to sell or serve refreshments, including food, confectionary, drinks (excluding alcoholic beverages), cigars, cigarettes, and other such articles;
  • to sell raffles during programs, souvenirs, and novelties; and
  • the right to conduct check stands.
  • Extra charges shall be paid for labor and materials when an excessive amount of cleaning is required to return the areas used to their prior condition. Extra charges shall also be due for damages resulting from loss or misuse of any furnishings or grounds equipment when repairs or replacements are required.
  • The City shall not be responsible for damage to or loss of any materials or equipment left at the facilities, on display or in storage.
  • The Committee and the City agree, stipulate and recognize that in entering this agreement, they are not in any way partners, co-partners, or in any way jointly interested in any mutual enterprise, but are to each other lessor and lessee respectively, and occupy that status only.
  • The Committee agrees that if the facilities, or any part thereof, shall be destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this agreement or render the performance of any of its terms thereof by the City impractical of impossible, then and thereupon, this agreement shall terminate; and in the event the term of this agreement shall have begun prior to any such occurrence, the Committee shall pay rent for the premises for the number of days used at the rate herein specified.
  • Pursuant to Ordinance 1711, the Committee is hereby granted and exception to Ordinance 1711, in that it is authorized to utilize mobile homes and recreational vehicles in conjunction with the activities outlined in this Agreement.

Rich Hill 4th of July Committee:                                  City of Rich Hill, Missouri:

By:                                                                  By:                                                     

                  Natalea Platt, President                            Nathan Kassner, President of the Board

Date:                                                                           Date:                                                  

Attest:                                                

                                                                                    Amber Barker, Deputy City Clerk

Date:                                                  

APPENDIX A

INSURANCE BY THE PRESENTER

Presenter shall carry during the terms of the Agreement, at its own expense, commercial General Liability Insurance (comparable to Comprehensive General Liability Insurance) against all claims or suits with the following minimum limit of liability:

$1,000,000 Combined single limit for bodily injury and property damage, per occurrence and aggregate.

All insurance policy(s) shall provide that the required insurance shall not be cancelled or altered, except after 10 days written notice has been given to “The Mayor” at 120 N. 7th Street, City Hall, Rich Hill, MO 64779

A certificate of insurance evidencing the above requirements is to be filed with the City of Rich Hill at 120 N. 7th Street, City Hall, Rich Hill, MO 64779, prior to the date of the performance.

Rich Hill 4th of July Committee:                                  City of Rich Hill, Missouri:

By:                                                                  By:                                                     

                  Natalea Platt, President                                 Nathan Kassner, President of the Board

Date:                                                                           Date:                                                  

Attest:                                                

                                                                                         Amber Barker, Deputy City Clerk

Date:                                                  

APPENDIX B

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RESOLUTION 2021-2

A RESOLUTION OF THE CITY OF RICH HILL, MISSOURI, AUTHORIZING THE FILING OF AN APPLICATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR FINANCIAL ASSISTANCE WITH ENGINEERING COSTS.

WHEREAS, under the terms of the Missouri Clean Water Law, Section 644, Revised Statutes of Missouri, the State of Missouri has authorized the Missouri Department of Natural Resources (the “Department”) to make loans and grants available to authorized applicants to aid in the development of specific public works projects; and

WHEREAS, the Board of Aldermen (the “Board) of the City of Rich Hill, Missouri (the “City”), has determined that the City does not currently have sufficient resources to complete necessary public works projects and desires to avail the City of possible financial assistance from the Department.

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

SECTION 1 – The City Clerk, Casey Crews, is hereby authorized to execute and file an application on behalf of the City with the State of Missouri for a loan and/or grant to aid in the development of the wastewater infrastructure.

SECTION 2 – The City Clerk, Casey Crews, is hereby authorized and directed to furnish such information as the Missouri Department of Natural Resources as may be reasonably necessary in connection with said application, to sign all necessary documents on behalf of the City, to furnish such assurances to the Missouri Department of Natural Resources as may be required by law or regulation, and to receive payment on behalf of the City.

SECTION 3 – This Resolution shall be in full force and effect from and after its passage.

PASSED, APPROVED and ADOPTED, by the Board of Alderman of the City of Rich Hill, Missouri, this 10th day of March, 2021.

  _____________________________

                                                                                                Jason Rich, Mayor

ATTEST:

_______________________________                

Amber Barker, Assistant City Clerk

Posted on

1745 Bill No 749 General Election

AN ORDINANCE PROVIDING FOR A GENERAL ELECTION IN THE CITY OF RICH HILL, MISSOURI, TO BE HELD ON APRIL 5, 2022, FOR THE PURPOSE OF ELECTING OFFICERS.

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

Section 1:  That there shall be and it is hereby ordered, a General Election, be held in the City of Rich Hill, Missouri, on Tuesday, April 5, 2022, as provided by law and the ordinances of this City, for the purpose of electing the following City officers: one north ward alderman for a two-year term and one south ward alderman for a two-year term.

Section 2:  That the place for voting for City residents shall be at the American Legion, 520 East Walnut Street, Rich Hill, Missouri.  The polls shall be open from 6:00 a.m. until 7:00 p.m.

Section 3:  The judges and clerks of said election shall be appointed by the County Clerk of Bates County and shall conduct the election in accordance to instructions received from the County Clerk of Bates County.

Section 4:  That the County Clerk of Bates County shall provide all necessary ballots, poll books, tally sheets, and other necessary supplies.

Section 5:  That the Chief of Police, at the direction of the County Clerk of Bates County, shall prepare the place for holding the General Election for the purpose of preserving order and to enforce the lawful commands as provided by law and the ordinances of this City.

Section 6:  That notice of said General Election as herein provided shall be given by the County Clerk of Bates County.

Section 7:  That notice of said election shall be published twice in a legal newspaper prior to first day of filing and shall be posted at five of the most public places in the City of Rich Hill, Missouri.  Such notice shall include the offices to be filled, that December 7, 2021, will be the first day to file a Declaration of Candidacy, that December 28, 2021, will be the last day that candidates may file a Declaration of Candidacy, and that all such filings must be submitted to the City Clerk at City Hall, 120 North 7th Street, Rich Hill, Missouri, for their names to appear on the printed ballot.

Section 8:  Any ordinance or parts thereof in conflict herewith are hereby repealed.

Section 9:  This Ordinance shall be in full force and effect from and after its passage and approval.

READ two times and passed by the Board of Aldermen of the City of Rich Hill, Missouri, this 9th day of November, 2021

____________________________________

Jason Rich, Mayor

ATTEST:

_______________________________________                              (seal)

Casey Crews, City Clerk

Ayes:

Nays:

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1744 Bill No 748 Weeds Nuisances and Debris

AN ORDINANCE TO DEFINE MUNICIPAL ORDINANCE VIOLATIONS, WHICH INCLUDES WEEDS, NUISANCES AND OTHER DEBRIS; GENERAL REQUIREMENTS; ABATEMENT

____________________________________________________________________________________

WHEREAS, pursuant to §79.110, RSMo., the Mayor and Board of Aldermen of the City of Rich Hill, Missouri (“City”) “shall have the power to enact and ordain any and all ordinances not repugnant to the constitution and laws of the his state, and such as they shall deem expedient for the good government of the city, the preservation of peace and good order, the benefit of trade and commerce and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same;” and

WHEREAS, pursuant to §67.398, RSMo., the Mayor and Board of Aldermen of the City “may enact ordinances to provide for the abatement of a condition of any lot or land that has the presence of a nuisance including, but not limited to, debris of any kind, weed cuttings, cut, fallen, or hazardous trees and shrubs, overgrown vegetation and noxious weeds which are seven inches or more in height, rubbish and trash, lumber not piled or stacked twelve inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material or condition which is unhealthy or unsafe and declared to be a public nuisance;” and

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

ARTICLE I

MUNICIPAL ORDINANCE VIOLATIONS

 (WEEDS, NUISANCES AND OTHER DEBRIS)

Section 1 – Definitions.

Section 2 – Penalty.

Section 3 – Prohibitions.

Section 4 – Investigation.

Section 5 – Entry on to private property.

Sections 6 through 10 reserved.

SECTION 1 – Definitions

Chief of Police:  Shall include his authorized representative in addition to the Chief of Police of the City of Rich Hill, Missouri

Mayor:  Shall include his authorized representative in addition to the Mayor of the City of Rich Hill, Missouri.

Nuisance:  The word “nuisance” is hereby defined, when not otherwise defined, as an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

(1)       Injures or endangers the comfort, repose, health or safety of others; or

(2)       Offends decency; or

(3)       Is offensive to the senses; or

(4)       Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or

(5)       In any way renders other persons insecure in life or the use of property; or

(6)       Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; or

(7)       Any property which is in violation of this Ordinance.

Illustrative examples include, but are not limited to, the following:

a.         Any abandoned property, part thereof or junk located on any property, street or highway that represents a public safety hazard or harbors tall grass, weeds or other vegetation, or creates a fire hazard or affords a breeding place or meeting place for mosquitoes, flies, rodents, rats or other vermin; any inoperable or unlicensed vehicle; or any abandoned property, part thereof, or junk allowed to remain unmoved on any street or highway for 48 hours.

b.         Any growth of weeds, grass, ragweed or poisonous vegetation or accumulation of dead weeds, grass or brush to a greater height than seven inches; any accumulation of dead weeds, grass, brush or debris that has been on the property for more than 14 days; any weeds or debris in ditches abutting private property.  The mowing and removal of weeds and debris in ditches shall be the responsibility of the owner and/or tenant whose property abuts such ditch.

e.         Any slaughterhouse, stockyard or stable, cattle yard, hog, sheep, cow or dog pen that is offensive, injurious, obnoxious, unsafe or annoying to the public.

f.          Any pond or pool of stagnant water or any foul or dirty water, or liquid discharged through any drain pipe or spout or thrown into or upon the street, alley, thoroughfare or lot that is injurious, dangerous, offensive, unhealthy or unsafe to the public.

g.         Any obstruction caused or permitted on any street, sidewalk, public or private alley that is injurious, dangerous, offensive, unsafe or unhealthy to the public.

h.         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 that is injurious, dangerous, obnoxious, unsafe or offensive to the public.

i.          The placing or storage of any green or salted hides, which cause an odor, that is injurious, dangerous, obnoxious, offensive, unhealthy or unsafe to the public.

j.          Any animal or vegetable matter or other substance liable to become putrid, offensive or unhealthy that is injurious, dangerous, unhealthy, unsafe or offensive to the public.

k.         Any cellar, vault, private drain, pool, privy, sewer, cistern, well, sink or container that may be sufficiently tightly closed to cause suffocation or is not covered or protected so as to prevent humans and animals from falling into the same that is injurious, dangerous, unsafe or offensive to the public health.

l.          Any tenement, boardinghouse or lodging house in the City leased, let, rented or occupied by any person for dwelling that is not sufficiently lighted, ventilated, heated or provided with water, or kept in a clean and sanitary condition that is dangerous, injurious, obnoxious, offensive or unsafe to the public.

m.        Any house, 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 small quantities of such explosives are kept, exposed or insecure, or kept in any manner so as to endanger the public.

n.         Any radio, television set or musical instrument or device operated in such manner or at such hours that are injurious, inconvenient, obnoxious, offensive or annoying to the public or persons living or doing business nearby.

o.         The maintaining, using, placing, depositing, leaving or permitting to be or remaining on any public or private property of furniture, bedding, refrigerators, freezers, heating stoves, kitchen ranges, laundry and dish washing equipment, air conditioning units, or any other appliances, articles or equipment designed for use inside a dwelling unit, if stored, placed or set upon the ground on any open porch, in any attached carport, in any free standing carport, or in any garage or shed that is without doors to conceal such articles.

p.         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 public property when the main source of growth is from or upon the owner’s property that is unsecured, exposed or kept in any manner so as to endanger the public.

q.         Any tree located on private property with branches that extend over a street or sidewalk and whose branches are not pruned to a height of at least 16 feet above the street and 10 feet above a sidewalk.

r.          Wooded areas will not be allowed inside the city limits except for the existing properties as of (date the original ordinance was adopted).  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 height no greater than 7 inches at least 25 feet from any alley, street, roadway or sidewalk.

s.         Trash, debris or junk shall not exceed the top level of the dumpster or trash container and its contents shall not be visible to the public. 

Owner:  Includes each owner in the case of joint tenancy, tenancy by entireties or tenancy in common

Vegetation:  See definition for weeds

Vehicle:  Includes the following, without limitation, and regardless of whether or not such device is operable or inoperable: 

a.         A self-propelled device designed for use upon a highway, including trailers designed for use with such vehicles including, but not limited to:

            (1)       Mopeds – See definition for motorized bicycle.

(2)       Motor scooter – Any 2-wheeled, 3-wheeled or 4-wheeled device operated while standing and having an automatic transmission; a motor with a cylinder capacity of less than 50 cubic centimeters; produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed that does not exceed more than 30 miles per hour on level ground.

(3)       Motorcycle – A motorized device operated on two or three wheels, including a motorcycle operated with any conveyance, temporary or otherwise, requiring the use of a third wheel.

(4)       Motorized bicycle – Any  2-wheeled or 3-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters;  produces less than 3 gross brake horsepower; and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.  This includes a device commonly known as a moped.

b.           Any device propelled by internal combustion engines that are used or designed for use in transporting persons or property, including any engine, transmission or rear axle regardless of whether attached to a chassis;

c.           Farm equipment, farm tractors, traction engines, tractor cranes, power shovels, implements of husbandry, well drillers; road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, concrete pump trucks, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such devices that are within these general terms;

d.         Every device propelled by electric power whether or not the electric power is obtained from overhead wires but not operated upon rails;

e.         Every device by which a person or property is or may be transported upon a highway;

f.          Devices moved by human power or used exclusively upon stationary rails or tracks;

g.         Devices drawn by horses and other animals;

h.         Any device designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland or other natural terrain without benefit of a road or trail, including, but not limited to, the following:

            (1)       Jeeps;

(2)       All-terrain vehicle – Any motorized vehicle manufactured and used exclusively for off-highway use that is 50 inches or less in width, with an unladen dry weight of 600 pounds or less, traveling on 3, 4 or more low pressure tires, a seat designed to be straddled by the operator and handlebars for steering control;

(3)       Low speed vehicles – Any motorized vehicle having exactly four wheels and having an attainable speed within one mile of at least 25 per hour but not more than 25 miles per hour on a paved level surface, and having an unladen dry weight less than or equal to 3,000 thousand pounds;

(4)       Recreational off-highway vehicles – Any motorized vehicle manufactured and used exclusively for off-highway use which is more than 50 inches but no more than 67 inches in width, with an unladen dry weight of two 2,000 or less, traveling on four or more non-highway tires and which may have access to ATV trails

            (5)       Dune buggies;

            (6)       Multi-wheel drive or low-pressure tire vehicles;

(7)       Devices using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;

(8)       Trail bikes, minibikes and related vehicles;

(9)       Utility vehicle – Any motorized vehicle manufactured and used exclusively for off-highway use which is 63 inches or less in width, with an unladen dry weight of 1,850 pounds or less, traveling on 4 or 6 wheels, to be used primarily for landscaping, lawn care or maintenance.

(10)     Any other means of transportation deriving power from any source, including muscle or wind;

i.          Boat, vessel or watercraft:  Any device used or being capable of being used as a means of transport on water and that is moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water whether or not capable of self-locomotion, including, but not limited to, canoes, fishing boats, houseboats, barges and similar floating objects, including any machinery used as the principal source of propulsion for a boat or craft;

j.          Aircraft, including gliders, hot air balloons – Any device now known, or hereafter invented, used or designed for navigation of, or flight in, the air.

Weeds and nuisance vegetation :  Any condition on any lot or land that has the presence of debris of any kind is hereby declared a public nuisance, subject to abatement.

a.         Weed cuttings; cut and fallen trees and shrubs; overgrown vegetation and noxious weeds that are 7 inches or more high.

b.         All vegetation, regardless of height, including thickets, which may conceal or invite deposits of filth or refuse; harbors

c.         Exceptions:  This definition shall not apply to:

(1)       Vegetation cultivated for agricultural purposes such as production of grain, forage or commercial products; or

(2)       Undeveloped tracts of land zoned other than for agricultural uses if the tract is a contiguous tract or lots owned by one owner that exceeds two acres (87,120 square feet), provided that all areas within 5 feet from the edge of pavement of a public roadway, or within 5 feet of the property lines adjacent to any property being used for residential or commercial purposes shall be maintained free from weeds or plant growth in excess of 7 inches.

(3)       Persons shall cut or bale hay prior to the first day of July each year. If unable to cut or bale hay by the first day of July, the parties shall request and must receive approval for an extension of time from the Board of Aldermen.

(4)       All property owned by the City subject to a lease or contract, executed prior to the enactment of this Ordinance, that includes terms and conditions that govern growth and maintenance of weeds and vegetation such that the terms conflict with this Ordinance.

Debris and junk: Includes, but is not limited to, rubbish and trash; lumber not piled or stacked 12 inches off the ground; rocks or bricks; tin, steel, or other scrap metal; any inoperable or unlicensed vehicle, parts of derelict cars or trucks , broken furniture, appliances, and other household items; and/or any flammable material.  Debris also includes any other material found on any lot or land that is unhealthy or unsafe.

SECTION 2 – Prohibitions

No person shall permit, cause, keep, maintain, suffer, or do any nuisance or contribute to the same as defined above in Section 1 or in any other section of the City Code, or cause or permit to be caused, kept, maintained or done, or contribute to the committing, causing, keeping, suffering, or maintaining of any such nuisance within the City

SECTION 3 – Penalty

The provisions contained herein under this Ordinance shall not be exclusive, and the City may pursue any additional remedies it may have as provided by law.

Any person responsible for a property on which a nuisance is alleged to exist that is found guilty of violating Section 3 upon conviction within a 12-month period beginning with the first violation shall be assessed a fine as listed in the City Fee Schedule.

Violations of this Code are continuous with respect to time, and each day the violation continues may be charged as a separate offense.

SECTION 4 – Investigation

It shall be the duty of the Mayor and/or the Chief of Police to investigate reports that a nuisance may exist and to carry out the procedures provided herein in the following provisions for abatement of nuisances that are found to exist.

SECTION 5 – Entry onto private property

a.         The Mayor and/or Chief of Police may enter upon private property for inspection, investigation or for the purpose of abating any nuisance in accordance with the provisions of this Ordinance. 

b.         Whenever the Mayor and/or the Chief of Police has reasonable cause to believe that there exists upon any premises any condition that makes the premises unsafe, dangerous or hazardous, the Mayor and/or the Chief of Police may enter the premises at all reasonable times to inspect the same or to perform any duty imposed; however, if the  premises is occupied, he shall first present proper credentials and request entry;  if the premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry.  If entry is refused, the Mayor and/or the Chief of Police shall obtain an administrative search warrant as well as any recourse to every remedy provided by law to secure entry.

ARTICLE II

ABATEMENT OF MUNICIPAL ORDINANCE VIOLATIONS

 (WEEDS, NUISANCES AND OTHER DEBRIS)

Section 11 – Definitions

Section 12 – Abatement Enforcement and Notice.

Section 13 – Service of Notice.

Section 14 – Compliance with notice.

Section 15 – Emergency powers.

Section 16 – Use of independent contractors.

Section 17 – Cost of City abatement and rights to collect.

Section 18 – Determination hearing and appeal

SECTION 11 – Definitions.

The definitions contained in Article I, Section 1 of this Ordinance shall be incorporated into this Article II by reference as though fully set forth herein.

SECTION 12 – Abatement Enforcement and Notice.

a.         Enforcement shall be the responsibility of the Mayor, his authorized representatives and/or the Chief of Police, and enforcement shall commence by providing a written notice of the nuisance existing on the property to the:

(1)       owner;

(2)       person in custody of the property;

(3)       person creating or maintaining the nuisance

(4)       owner non-occupant of the property of the nuisance condition existing on the property.

b.         The notice shall state specifically:

(1)       What act or thing is deemed to constitute a nuisance pursuant to the provisions set forth in Article I, Section 1 of this ordinance;

(2)       The location of the property (using the mailing or popular address rather than a legal description when reasonably possible to do so);

(3)       Advise the owner, the person in custody of the property, the person creating or maintaining the nuisance and the owner non-occupant to abate the nuisance within a reasonable period of time, not less than ten (10) days from the receipt of the notice.

(4)       The notice shall identify what action will remedy the nuisance.

(5)       That if the person receiving such notice disagrees with the determination that a nuisance exists, such person may request a determination hearing to be conducted by the Mayor and/or Chief of Police at the Rich Hill City Hall within ten (10) days of receipt of said notice.  The appropriate information needed to request such a hearing shall be included in the notice.

(6)       That failure to abate the nuisance within ten (10) days of receipt may result in abatement of the nuisance by the City, the costs of which shall be assessed as a lien upon the property on which the nuisance exists and shall be deemed a personal debt of the person receiving the notice to the City.

SECTION 13 – Service of notice.

a.         The notice shall be served to both the occupant of the property at the property address and the owner of the property at his or her last known address by personal service or in the alternative by certified mail and ordinary mail and/or by posting upon the property, except posting on vacant property or mailing to an address of vacant property shall not be sufficient notice of the nuisance condition to the property owner. When notice is sent by ordinary mail for which a receipt is received from the post office, there is a rebuttable presumption that the letter was delivered five (5) days after the date it was sent. 

b.         The Mayor and/or the Chief of Police is authorized, but not required, to post notice of the existence of a nuisance and/or notice to abate a nuisance in a conspicuous place on the nuisance itself or on the property upon which the nuisance is located.

Removal, destruction or defacing any such posted notice is deemed to be destruction of City property for which violators shall be prosecuted.

c.         If personal service, service by certified mail and service by ordinary mail does not or cannot occur, the notice shall be published in a daily newspaper of general circulation that is published in Bates County, Missouri or an adjacent county for at least one week; or if there is no daily newspaper of general circulation published in Bates, County, Missouri or an adjacent county, once in a newspaper of general circulation.  If such notice is published, no further action shall be taken until at least ten (10) days from the date of the final publication and all deadlines for abatement and hearing requests shall be altered accordingly.

SECTION 14 – Compliance and/or non-compliance with notice.

a.         Any person receiving a notice as provided in Section 12 for the abatement of a nuisance shall immediately comply with the provisions of the notice requiring abatement.

b.         Upon failure of the owner to remove or abate the described nuisance within ten (10) days, the Mayor and/or the Chief of Police shall cause the condition to be removed or abated.

c.         In case the weeds, trash, unlicensed or inoperable vehicles or any other nuisances are not removed within ten days after receipt of a notice alleging the existence of a nuisance, the Mayor and/or the Chief of Police shall have the weeds, trash, unlicensed or inoperable vehicles or any other nuisances removed and shall certify the costs of the same to the City Clerk who shall cause a special tax bill against the property to be prepared and be collected by the tax collector with other taxes assessed against the property, all in accordance with this Ordinance and §71.285.1 RSMo.

e.         When abating the weeds, trash, unlicensed or inoperable vehicles or any other nuisances, the Mayor and/or the Chief of Police shall have the right to enter on to the property. If such entry is refused by the owner, occupant or other person with lawful possession of the premises in question, the City may request an administrative search warrant pursuant to Article I, Section 4 of this Ordinance if such administrative search warrant is deemed necessary to enter onto the property and abate the weeds, trash, inoperable or unlicensed vehicles or any other nuisances pursuant to the order.

SECTION 15 – Emergency powers.

Where it reasonably appears there is an immediate danger to the health, safety or welfare of any person due to the existence of a nuisance, the Mayor and/or the Chief of Police shall take such emergency measures as he may reasonably determine is necessary to abate the nuisance or to render it temporarily safe.   Notice as provided in Sections 13 and 14 shall still be required.

SECTION 16 – Use of independent contractors.

The City shall be authorized to contract with one or more independent contractors who will perform the duties imposed herein for the abatement of nuisances, specifically including the cutting of weeds; removal of debris, dead weeds, accumulation of vegetation, brush, removal of inoperable or unlicensed vehicles, any other nuisances and other matters as set forth in Article I of this Ordinance; provided, however, that the City shall not be relieved of its duty to provide such notices as required in this Ordinance. The City shall contract with independent contractors with the best bid after advertising for and receiving bids. When the City enters into a contract, the City shall not be liable for the acts of the independent contractor or its agents.

SECTION 17 – Cost of City abatement and rights to collect.

a.         The following charges for abatement include, but are not limited to, the following:

(1)       The Mayor and/or the Chief of Police shall give an accurate account of the costs of the cutting and/or removal together with an administrative charge as listed in the City Fee Schedule.  If the full amount due the City is not paid within twenty (20) days thereafter, the Mayor and/or the Chief of Police shall certify the cost, administrative costs and an additional administrative cost listed in the City Fee Schedule by reason of the necessity of the certification of the assessment, as a special tax bill against the property to be collected as other realty taxes;

(2)       Abatement cost if done by independent contractor(s) shall be charged at the rate of the contractor who performs the abatement;

b.         If the Mayor and/or the Chief of Police cause the condition described in the notice to be removed or abated, the cost of the removal or abatement, along with the proof of notice to the owner of the property shall be certified to the City Clerk.

c.         The City Clerk shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official’s option, and shall be collected in the same manner and procedure as for collecting real estate taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid.  As a personal debt, in the case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable jointly and severally.  A tax bill is delinquent if costs are not paid by December 31 of the year assessed.

d.           The special tax bill from the date of its issuance, as well as the abatement fee, if any, shall be a first lien upon the property until paid and shall be prima facie evidence of 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.

e.           The City may discharge all or any portion of the unrecovered abatement costs added to the tax bill upon a determination by the City that a public benefit will be gained by such discharge AND the discharge shall include any costs of tax collection, accrued interest or attorney fees related to the tax bill.

SECTION 18 – Determination hearing and appeal.

  1. Hearing Request.  If a property owner or occupant subject to a notice to abate a nuisance under Section 12 disagrees with the determination that a nuisance exists upon the property or the land, such person may file in writing with the city clerk a request for a determination hearing within ten (10) days of receipt of the notice.  Such request shall include the name and preferred contact information of the person filing the request, a brief statement of facts, an explanation as to why the nuisance determination is incorrect, and any other information or documentation that the person filing the request believes would support his or her position.
  • Upon receipt of a hearing request under this Section 18, the city clerk shall set a hearing within five (5) business days.  The city clerk shall confer with the person filing the request and city staff and make reasonable efforts to accommodate the schedules of the persons necessary to conduct the hearing.
  • The Chief of Police or the Mayor shall preside over the hearing as the Hearing Officer, and shall consider all probative and relevant evidence as to whether or not the conditions alleged in the notice exist and if the conditions constitute a nuisance.  Evidence heard by the Hearing Officer shall consist of exhibits submitted on the record and the testimony of the parties and witnesses appearing on behalf of the parties.  No formal rules or procedure shall be required, but all testimony shall be heard under oath.
  • The Hearing Officer may continue the hearing for good cause.
  • Upon conclusion of the hearing, the Hearing Officer shall, within a reasonable time, issue a decision, including findings of fact and conclusions of law, which shall: 1) uphold the determination contained within the notice to abate, 2) modify the determination contained within the notice to abate, or 3) dismiss the notice to abate.  The decision shall also include an order either directing the parties to abate the nuisance in accordance with the decision or dismissing the notice to abate.
  • Failure of a person subject to a decision of the Hearing Officer to comply with the terms of an order contained within the decision shall be subject to the abatement proceedings and collection methods contained in Sections 14 & 17 of this Article II.
  • The City shall not take actions to abate a nuisance subject to a pending determination hearing, and shall only take action to abate nuisances subject to a determination hearing in a manner consistent with the final decision and accompanying orders of the Hearing Officer.
  • Failure of the person requesting the hearing to appear at the hearing shall result in a default decision in favor of the City’s initial determination contained within the notice to abate.
  1. Any owner, occupant, or party aggrieved by a decision of the Hearing Officer may, within thirty (30) days from the receipt of the decision and order of the City Administrator appeal such decision to the Circuit Court of the County where the lot or land is located, pursuant to the procedure established in Chapter 536, RSMo.

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

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

1ST READING 13TH DAY OF OCTOBER 2021

2ND READING 13TH DAY OF OCTOBER 2021

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13TH DAY OF OCTOBER 2021.

______________________________                                   

Jason Rich, Mayor

ATTEST:                                                                    Ayes:                                                  

______________________________                        Nays:              

Casey Crews, City Clerk

[i] This ordinance reinstates provisions permitting violations to be heard in Municipal Court. 

For information purposes, this ordinance replaces the following:  Ordinance 1655, enacted August 22, 2017 (changed City Superintendent to Mayor and moved fess into City Fee Schedule Resolution), Ordinance 1627, enacted January 10, 2017 (eliminated provisions permitting violations to be heard in Municipal Court and was separated from prior Ordinance 1415); Ordinance No. 1415, enacted August 12, 2014; Ordinance No. 1401, enacted July 9, 2013; Ordinance No. 1367, enacted August 9, 2011; Ordinance No.  1355, enacted October 26, 2010; Ordinance No. 1339, enacted July 28, 2009; Ordinance No. 1138, enacted July 8, 2008; Ordinance No.  1317, enacted June 24, 2008; Ordinance No. 1220, enacted November 9, 2004; Ordinance No.1194, enacted November 12, 2003; Ordinance No. 0934, enacted November 13, 1984; Ordinance No. 0887, enacted February 12, 1980; Ordinance No. 0721 (date of enactment unknown); Revised Ordinance No. 0521, Chapter 16. enacted on August 14, 1923.

Posted on

1743 Bill No 747 Conflict of Interest

AN ORDINANCE TO ESTABLISH A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN OFFICIALS BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

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

SECTION 2:  

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

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

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

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

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

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

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

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

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

SECTION 4: 

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

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

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

3. For purposes of timely filing, the deadline for filing any statement required by this ordinance shall be 5:00 P.M. of the last day designated for filing the statement.  When the last day of filing, falls on a Saturday or Sunday or an official state holiday, the deadline for filing is extended to 5:00 P.M. on the next day which is not a Saturday or Sunday or official holiday.  Any statement required within a specified time shall be deemed to be timely filed if it is postmarked not later than midnight of the day previous to the last day designated for filing the statement.

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

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

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

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

1ST READING 8TH DAY OF SEPTEMBER 2021

2ND READING 8TH DAY OF SEPTEMBER 2021

PASSED THIS 8TH DAY OF SEPTEMBER 2021

__________________________________

Jason Rich, Mayor

ATTEST:                                                        Ayes:

                                                                        Nays:

___________________________

Casey Crews, City Clerk                   

CERTIFICATION BY THE CLERK

STATE OF MISSOURI    )

) AS

COUNTY OF BATES     )

I, Casey Crews, City Clerk of the CITY OF RICH HILL, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for is a true and correct copy of the Ordinance No. duly adopted by the Board of Alderman of the CITY OF RICH HILL, Missouri at their regular meeting on the 8TH day OF SEPTEMBER 2021.

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

___________________________________________________