AN ORDINANCE BY THE BOARD OF TRUSTEES FOR THE VILLAGE OF OAKVIEW, CLAY COUNTY, MISSOURI AMENDING ORDINANCE NO. 2018-2 DECALARING PORTABLE CARPORTS/GARAGES TO BE “NUISANCES” WITHIN THE DEFINITION CONTAINED IN THE OAKVIEW CODE OF ORDINANCES, AND REPEALING ORDINANCE 2018-3 IN ENTIRETY. WHEREAS, the Board of Trustees for the Village of Oakview recognizes the need to regulate the location and construction of detached structures within the village limits of the Village of Oakview, for purposes of public health, safety and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF OAKVIEW, CLAY COUNTY, MISSOURI AS FOLLOWS: This following shall be declared a nuisance and become part of the Nuisance Code of the Village of Oakview, adopted as Ordinance 2018-2. It is hereby incorporated within Section 3 and shall be known as Enumeration (2) d.Portable carports/garages (cloth, canvas, plastic or metal) where no building permit was granted. Temporary tents are permitted for use of social gatherings for a period of no longer than 72 hours. FURTHERMORE, Ordinance 2018-3 is hereby repealed in entirety.READ IN FULL ONCE ON _____________, BY TITLE ONCE ON __________, AND PASSED THIS ____DAY OF ______, 2020.Approved by Village Attorney, ____________________________ Date _______________ ___________________________________________ Aarin McClelland, Chairman of the Board of TrusteesATTEST: ____________________________________________ Jeanelle McDaniel, Village Clerk

BILL NO. 736

RDINANCE 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