BILL NO. 736

ORDINANCE NO.  2019-7

AN ORDINANCE GRANTING TO SPIRE MISSOURI INC., A MISSOURI CORPORATION, OPERATING A GAS DISTRIBUTION SYSTEM IN THE VILLAGE OF OAKVIEW, MISSOURI, ITS SUCCESSORS OR ASSIGNS, A FRANCHISE TO OPERATE A NATURAL GAS DISTRIBUTION PLANT AND SYSTEM IN SAID VILLAGE AND RELATING THERETO.

BE IT ORDAIN BY THE BOARD OF TRUSTEES OF THE VILLAGE OF OAKVIEW, MISSOURI.

Section 1.       The right, permission and authority for a period of twenty (20) years is hereby granted to, and vested in Spire Missouri, Inc., a corporation of the State of Missouri (hereinafter sometimes called "Spire or Company"), its successors and assigns, to construct, reconstruct, excavate for, place, replace, extend and maintain all necessary or appropriate mains, service pipes, conduits, conductors, vaults, vaporizers, regulators and other equipment with all necessary or appropriate appurtenances and appliances in connection  therewith,  in,  along,  across,  over  and  under  the  streets,  roads,  alleys, sidewalks, squares, bridges and other public places within the corporate limits of the Village of Oakview, Missouri, (herein after sometimes called “Village”), as now fixed and  within  any  future  extensions   of  its  limits as hereafter extended, and areas dedicated to the Village for public utility use, for the purpose of transmitting, furnishing, transporting and distributing gas for light, heat, power and other purposes within the Village of Oakview, and in territory adjacent to said Village and for the purpose of transporting and transmitting gas through said Village; all such equipment, appliances and apparatus to be installed and maintained with due regard to the rightful use by other persons with vehicles or otherwise, of the streets, roads, alleys, sidewalks, squares, bridges and other public places and areas dedicated to the Village for public utility use; and exercise of the rights, permission and authority hereby granted shall at all times be subject to lawful regulation by the Village in the exercise of its police powers.

Section 2.       Extensions of, and additions to, the distribution system maintained by Spire its successors or assigns, in the Village of Oakview, shall be made in accordance with the rules and regulations governing such extensions and additions by Spire now on file with the Public Service Commission of Missouri or in accordance with such amended rules and regulations governing such extensions and additions by Spire, its successors or assigns, as may hereafter become effective in the manner provided by  law. The financial responsibility for relocations of  the Company's facilities  within the Village's  rights-of-way shall  be determined   by State  law as shall be specified   by Statute  or common   law at the time of the relocation,   and nothing herein  shall  be  construed    to  confer  upon  the  Company  or  the  Village  any  rights inconsistent  therewith.  The Village will not vacate any public right-of-way containing any Company facilities without first advising  the Company  of its intention  to vacate the  right-of-way  and  cooperating with  the  Company  in  reasonable  attempts  to  obtain the necessary property rights to maintain its facilities in the right-of-way.

Section 3.       Spire shall indemnify and hold said Village harmless from all liability, judgments, decrees, costs, expenses and attorneys’ fees incurred or imposed  on account of injury or damage to person or property arising from the negligent acts or omissions or mismanagement of Spire or its subcontractors in the construction, reconstruction, excavation, extension, restoration, or maintenance  of the mains, service pipes, conduits, conductors or other equipment in along, across, over or under any of the streets, roads, alleys, sidewalks, squares, bridges or other public places in the Village of Oakview in the exercise of any of the rights and privileges conferred by this ordinance.

Section 4.       The rights, privileges and authority hereby granted shall inure to and be vested in Spire, its successors and assigns, successively, subject to all of the terms, provisions and conditions herein contained, and each of the obligations hereby imposed upon Spire shall devolve and be binding upon its successors and assigns, successively, in the same manner.

Section 5.      As consideration for the rights and privileges conferred by this ordinance, Spire shall not later than February 1 and August 1 respectively of each year, make a report to the governing board of the Village of its gross receipts from the sale of natural gas for domestic and commercial purposes within the corporate limits of said Village for the six (6) month period ending at the last meter reading preceding December 31 and June 30 respectively; and at the time of making such reports, pay into the Village treasury a sum equal to five (5%) percent of said gross receipts subsequent to the effective date of this franchise, which shall be charged to the operating expenses of the Company.  Said percentage of Company’s gross receipts is hereby levied and assessed as an occupation and license tax (in lieu of all other occupation, license or other revenue taxes or fees) for the privilege of engaging in the business herein recited during the term hereof; and as a further consideration for this franchise, Company agrees to recognize the same as a valid tax and make said payment during such periods.  Charges to the Company for any use of the public rights-of-way shall be limited to right-of-way management costs as determined in accordance with section 67.1840 RSMo (2011).

Section 6. Spire shall, within sixty (60) days after the passage and approval of this ordinance, file its acceptance thereof with the Clerk of the Village of Oakview, and this ordinance shall continue and remain in full force and effect as a renewal of the preceding  franchise  for  a  period  of  twenty  (20)  years  from  the  effective  date  as determined in accordance with  Section 71.520 RSMo (2000). 

Section 7.      Neither acceptance of, nor compliance with, the provisions of this ordinance shall in any wise impair or affect, or constitute or be construed as a relinquishment or waiver of, any right, permission or authority which Spire, its successors or assigns, may have independently of this ordinance; nor shall any use by Spire, its successors or assigns, of public property or places in the Village of Oakview, as authorized by this ordinance or service rendered by Spire, its successors or assigns, in said Village, be treated as use solely of the rights, permission and authority provided for by this ordinance or as service referable solely to this ordinance or to any obligation of service consequent upon acceptance thereof or as in any wise indicating non-use of, non-compliance with, any obligation incident to, any right, permission or authority vested in Spire, its successors or assigns, independently of this ordinance; and the acceptance provided for in Section · 6 of this ordinance, and each and every compliance with the provisions of this ordinance or with any obligation arising from acceptance thereof, shall be subject to,  and conditioned by, the provisions of this Section 7, with the same force and effect as though each of the provisions of this section were expressly incorporated in such acceptance and expressly declared by the acceptor, its successors or assigns, at and prior to the time of such compliance by it, as conditions of such compliance.

Section 8.        All ordinances and parts of ordinances in conflict with this ordinance or with any of its provisions are, to the extent of such conflict, hereby repealed.

Section 9.        This ordinance shall not relieve Spire of the obligation to comply with any lawful ordinance  now existing in the Village or enacted in the future requiring Spire to obtain written permits or other approval from the Village prior to commencement of construction  of facilities within the street rights-of-way.

Section 10.      If  any  provision of  this  ordinance,  or  the  application  of  such provision  to  particular circumstances,  shall  be  held  invalid,  the  remainder  of  this ordinance,  or the application  of such provision  to circumstances  other than those as to which it is held invalid, shall not be affected thereby.

PASSED by the Board of Trustees of the Village of Oakview, Missouri this ______day of _______________, 2019.

Chairman of the Board of Trustees, 

Village of Oakview

ATTEST:

Village Clerk

AN ORDINANCE  TO AMEND THE NUISANCE CODE BY THE BOARD OF TRUSTEES FOR THE VILLAGE OF OAKVIEW, CLAY COUNTY, MISSOURI, TO REGULATE THE PARKING OF MOTOR VEHICLES WITHIN THE VILLAGE LIMITS. 

BE IT ORDAINED by the Board of Trustees for the Village of Oakview, Missouri as follows:

WHEREAS, the Board of Trustees for the Village of Oakview recognizes the need to regulate the location of parked vehicles within the village limits of the Village of Oakview for the purposes of public safety and welfare,

THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE VILLAGE OF OAKVIEW, CLAY COUNTY, MISSOURI AS FOLLOWS, 

The parking of a motor vehicle on an unpaved surface of any property within the Village is prohibited with the following exception:

· Private events and/or gatherings for periods of less than 24 hours.

This ordinance shall become part of the Nuisance Code adopted as Ordinance 2018-2, Bill #725 for the Village of Oakview. It will be incorporated within Sec. 3 and be known as Enumeration 26, and replaces Ordinance 2018-5, which is hereby repealed.

READ IN FULL ONCE AND BY TITLE ONCE AND PASSED THIS 5TH DAY OF DECEMBER, 2019.

Approved by Village Attorney, ______________________________  Date _______________ 

_______________________________________________________ 

Aarin McClelland, CHAIRMAN OF THE BOARD OF TRUSTEES

ATTEST 

______________________________________________________ 

Jeanelle McDaniel, VILLAGE CLERK

Bill # 735   Ordinance # 2019-6

AN ORDINANCE APPOINTING STEVEN B. SALMON TO SERVE AS THE ASSOCIATE JUDGE OF THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI, MUNICIPAL DIVISION FOR THE VILLAGE OF OAKVIEW, MISSOURI.

BE IT ORDAINED by the Board of Trustees for the Village of Oakview as follows:

WHEREAS, the Board of Trustees for the Village of Oakview have the authority to appoint the Municipal Judge for the Village of Oakview, as stated in chapter 479 RSMo, 

THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE VILLAGE OF OAKVIEW, MISSOURI, AS FOLLOWS:

The Board of Trustees for the Village of Oakview does hereby appoint Steven B. Salmon to serve as the Associate Judge of the Circuit Court of Clay County, Missouri, Municipal Division of the Village of Oakview. He will serve for a term of two years, as voted on by the Board of Trustees at the December 5th, 2019 board meeting. This term shall begin January 1, 2020 and end December 31, 2022.

READ IN FULL ONCE AND BY TITLE ONCE, AND PASSED THIS 5th DAY OF DECEMBER, 2019. 

Approved by Village Attorney, _________________________ Date _______________ 

_______________________________________________________

Aarin McClelland, CHAIRMAN OF THE BOARD OF TRUSTEES

ATTESTED

_______________________________________________________ 

Jeanelle McDaniel, VILLAGE CLERK

Welcome to all residents to the Village of Oakview!  We are a small municipality governed by a Board of Trustees.  We meet on the 2ndTuesday of every month at 6:00 PM, at the McLear Civic Center (6404 N Locust), also referred to as City Hall. Residents are welcome to attend! We value your input.

Saturday, September 28th from 8 am to noon Midwest Recycling Center will have a truck at city hall for Oakview residents. The following items are free to recycle:

Computers and Networking         Office Items

Home and Pro Audio          Lawn & Garden

Photography & Lighting          Home Appliances

Exercise Equipment              Kitchen Appliances

Home Video and Gaming        Medical & Lab

The following items can be recycled with a fee:

CRT Monitors                       Big Screen TV’s

CRT TV’s                      LED/LCD/Plasma TV’s

Any Freon containing unit.         

Our web site has a complete list and prices.   

Since January of this year, the cost for bulky item pickup by WCA has increased to $50.00 per item. Take advantage of this recycling opportunity!

BOARD MEETING  

On Tuesday, October 8th at 6 pm, the Board of Trustees will hold their monthly board meeting.  The agenda for that meeting is always posted on the Thursday prior, on the bulletin board next to the front door, city hall. We also email newsletters, meeting agendas, and other public notices. Send your email address to:  oakview.missouri@sbcglobal.net

ROAD WORK ON SHADY AND FOREST  

On October 28th through the 30th we will be working on curb replacement, milling and overlay work on Shady Lane, from N Oak to Forest. Expect delays and traffic issues.

CONSIDERING SOME CONSTRUCTION THIS FALL?

A deck, patio, fence, addition, or garage? The zoning ordinance and building codes regulate all construction. A completed application gets the ball rolling. The entire permitting process can take several weeks so apply ASAP.  

GOING ON VACATION

Or a business trip? Stop by city hall and fill out a vacation sheet. We’ll keep an eye on your home while you’re gone.  

TRASH/ RECYCLING AND YARD WASTE  

Thursdays, have it out before 7 AM!

More than will fit in your PolyCart? Additional bag stickers are available at City Hall for $1.00 each.   

Recycling limited to what fits in your polycart.

March 1stthrough December 31- Up to 7 biodegradable yard waste paper bags or tied stick bundles (4‘x 2’ wide) per week.    

Once emptied, please don’t leave poylcarts at the street.  

The yearly rate for 2020 will be $124.44. This will be listed on your 2020 Real Estate Tax Bill from Clay County. This rate is less than half what residents in neighboring communities pay.

HOUSEHOLD HAZARDOUS WASTE

Here is how to get rid of you old antifreeze, flammables, paint, solvents, used oil, auto parts, fertilizers, pesticides & pool chemicals.        recylespot.org

PROPERTY CODE VIOLATIONS

Don’t wait too long to pick up that pile of sticks, or mow the lawn, you may accidentally violate the property code ordinance.  This results in a friendly warning letter from us asking you to clean it up.  If it’s not cleaned up within the time frame specified in the letter, a citation may be issued.

Commonly issued warnings:

• Trash, appliances, furniture left outside
   
• Tree limbs, tall grass
   
• Unlicensed/inoperable/unregistered vehicle
   
• Tires, Wheels and Pallets
   
• Outside storage of household items.
   
• Brush piles that attract vermin
   

DON’T FALL FOR SCAMS  

They can sound so authentic and look so real but both phone and mail scams abound! The latest we’ve seen are letters mailed to individuals from what looks like the IRS. Never send money without calling the IRS, not the number on the letter.  Call the Kansas City regional office at 800-829-1040. A phone call about a relative in jail who needs you to bail them is probably a scam. Sounds real and desperate, because they know your relatives name, but it’s not! Call the jail directly at a phone number listed for that jail, not the phone number provided by the caller. If you think it may be a scam, call the police department. They can check it out. Never send money.

VEHICLE TINT

Adding tint to your car windows may seem like a good thing but like a lot of good things, too much is not good! If the factory tint and the added tint combined allow 35% or less of light transmission, then it is prohibited by state and local law. Excessive tint is illegal because it makes it hard for the driver to see and causes increased accidents. Excessively tinted windows also make it hard for police officers to look inside and observe possible threats or contraband. Sometimes used cars are purchased with excessive tint and the new owner has not idea they are in violation until an officer stop them. If you have a vision or health issue that requires the tint your doctor must write you a script that you will take to the Highway Patrol Inspection Station in Lee’s Summit and they will issue a permit. Want your car windows checked? Just stop by city hall and an officer would be happy to check!

GRASS/LEAVES IN THE STREET

With fall on its way leaves will follow. Grass and leaves blown into the street plus a little rain add up to very dangerous conditions for motorcyclists. The vegetation breaks down and becomes extremely slick. This creates the formula for a life threatening crash. Be considerate of motorcycle riders!

ALL THINGS ANIMAL  

Have you updated your dog registration yet this year?  All dogs in Oakview, over 6 months must be registered, even if you don’t own them.  If your dog gets out and we are able to pick Fido up, we can simply look at the Oakview registration tag.  No tag means we are required to take your pet to the shelter, where you may receive a citation and have to pay a fee to get Fido back. If your dog is outside it must me in a fence or you must be outside with it, either on a leash or obedient to a verbal command. You must be able to control it. Dogs that habitually bark/disturb the peace, are to be muzzled or kept indoors.

Is Fido an American Staffshire Terrier (also known as a pitbull) breed? It needs to meet our police chief within 5 days of moving to Oakview!  Owners of these dogs have specific responsibilities including special registration, collar, muzzled, kenneling, signage, and homeowner insurance.

REMINDERS

Did you get a new car?!?!  Remember to license it as Oakview.  We’ll put your tax dollars to work for you.   

Here’s another benefit of living in Oakview.  If you don’t work in KCMO, your employer shouldn’t take the 1% earnings tax out of your check.

Do you run a business from home?  An Occupational License application must be completed & returned to city hall for businesses operating in Oakview.   

Confused by the inserts in your water bill? We use KCMO Water Department for water service but those notices on trash, leaf, curbside pickup, etc. don’t apply to Oakview residents.

Need to contact us after hours, but it’s not an emergency?  Call our friendly dispatchers at (816) 792-4254.

In an emergency always call 911.

Questions, comments, or concerns?    Email us at oakview.missouri@sbcglobal.net or give us a call at City Hall - 816/436-9150.  We’re open Monday -Thursday from 10 am until 4 pm (excluding Holidays).