Board of Aldermen Regular Session

BOARD OF ALDERMAN REGULAR AGENDA Monday, January 24, 2022 7:00 p.m. Community Building 601 W Main Street Odessa, MO 64076 Please click the link below to join the webinar: Zoom Meeting Passcode: 178394 In addition, the meeting will be viewable on the City of Odessa, Missouri Government Facebook page @odessamissouri CALL TO ORDER Mayor Stephen Wright PLEDGE OF ALLEGIANCE Mayor Stephen Wright ROLL CALL City Clerk Karen Findora WELCOME TO VISITORS Mayor Stephen Wright CONSENT AGENDA Approval of Minutes All matters under the Consent Agenda, are ● January 10, 2022 – Regular Session Considered to be routine by the Alderman and will be enacted by one motion with no separate discussion. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the Aldermen. MAYOR’S REPORT ALDERMEN REPORTS PUBLIC COMMENTS OLD BUSINESS NEW BUSINESS Special Request Application Request a rolloff dumpster to be located at 209 West Main Street Borgman’s Farmstead Dairy Store for 3 - 4 weeks 2021 Activity Report 2021 Year in Review Accomplishments Nici Wilson, City Administrator Budget & CIP Discussion Recap of FY 2021-22 Budget and 5-Year “CIP” Capital FY 2021-22 Improvement Plan End of year budget projections Shawna Davis, Finance Director Resolution Bill No. 2022-04 Proposed Resolution amending the City of Odessa Seat Belt Usage Policy Employee Handbook and Personnel Policy by adding a Seat Belt Policy to Section VII F.6 Josh Thompson, Police Chief Resolution Bill No. 2022-05 Proposed Resolution declaring an intended reimbursement Reimbursement of Property Purchased of certain capital expenditures with proceeds of a lease purchase or certificates of participation financing Nici Wilson, City Administrator Bill No. 2022-01 Introduction and readings of Bill No. 2022-01 approving (1st & 2nd Reading) the assignment of Carl E. Scarborough as Interim Assignment of Interim Municipal Judge Municipal Judge to the 15th Judicial Circuit, Odessa Municipal Division Court Mayor Steve Wright Next Regular Scheduled Meeting Monday, February 14, 2022 at 7:00 p.m. Adjourn to Closed Session Pursuant to RSMO 610.021 (1) Legal actions, causes of action, litigation, or confidential attorney/client communication Pursuant to RSMO 610.021 (3) Personnel Adjourn Upcoming Schedule: January 25, 2022 – Parks Board – 7:00 p.m. @ Community Bldg. February 14, 2022 – Board of Alderman Regular Session – 7:00 p.m. @ Community Bldg. February 15, 2022 – Municipal Court – 1:30 p.m. @ Community Bldg. February 17, 2022 - Planning & Zoning Commission – 7:00 p.m. @ Community Bldg. February 21, 2022 – Presidents Day – City Offices Closed February 22, 2022 – Parks Board – 7:00 p.m. @ Community Bldg. February 28, 2022 – Board of Alderman Regular Session – 7:00 p.m. @ Community Bldg.  ELECTED OFFICIALS Mayor Stephen Wright steve.wright@cityofodessamo.com (816) 918-6634 Ward 1 Alderwoman Mickey Starr mickey.starr@cityofodessa.com (816) 260-8448 Ward 1 Alderman Steve Lockhart steve.lockhart@cityofodessamo.com (816) 263-3939 Ward 2 Alderman Ron Finn ronald.fin@cityofodessamo.com (816) 564-9709 Ward 2 Alderman Bryan Barner bryan.barner@cityofodessamo.com (816) 985-0361 Ward 3 Alderman Mike Stevens mike.stevens@cityofodessamo.com (816) 674-6222 Ward 3 Alderman Shawn Cramer shawn.cramer@cityofodessamo.com (816) 522-3827 Posted January 21, 2022 City Hall & City Website Emailed to The Odessan Karen Findora, City Clerk PO Box 128 ∙ 125 S Second ∙ Odessa, MO 64076 Email | Phone: (816) 230-5577 | Fax: (816) 633-4985 | www.cityofodessa.com  City of Odessa, Missouri Board of Aldermen Odessa Community Building | 601 W. Main Street Regular Meeting ~ January 10, 2022 | 7:00 p.m. Meeting Minutes CALL TO ORDER / PLEDGE OF ALLEGIANCE Mayor Stephen Wright called the meeting to order at 7:00 p.m., and led in the pledge of allegiance. ROLL CALL City Clerk, Karen Findora, called the roll and confirmed a quorum. Mayor Stephen Wright Present Alderman Steve Lockhart Present Alderman Mike Stevens Present Alderman Ron Finn Present Alderman Shawn Cramer Present Alderman Bryan Barner Present Alderwoman Mickey Starr Absent OTHERS IN ATTENDANCE City Staff: Nici Wilson – Administrator, via Zoom, Shawna Davis - Finance Director, Karen Findora – City Clerk, Josh Thompson - Police Chief, Darrin Lamb - Public Works, Joe Lauber – Lauber Law Attorney PUBLIC IN ATTENDANCE Hannah Spaar – Odessan, Officer Derek Zarda & Family, Officer Andrew Lockhart & Family, Jeff Harves – Resident, Donna Ehlert - Resident APPROVAL OF CONSENT AGENDA Approval of minutes ⮚ December 13, 2021 – Regular Session (distributed to each Board member for review prior to meeting) Motion was made by Alderman Stevens, seconded by Alderman Barner, to approve the consent agenda. Motion carried 5-0. MAYOR’S REPORT Mayor Wright announced that the City had its first Downtown Sidewalk Committee meeting last week and discussion was very productive among the committee members. ALDERMEN REPORTS ⮚ Alderman Barner – No report ⮚ Alderman Cramer would like to see all officer vehicles have AED’s in them. He requested that Chief Thompson look into making this happen. Alderman Cramer thanked Chief Thompson for the stop sign that is now in place on Gulf Street. Alderman Cramer displayed continued concern about the trash issue. Mayor Wright stated that he, Nici and City Staff met with Republic Services last week to work out the issues of trash pickup. He stated that Republic has assigned someone  just for Odessa, and Odessa will be his main priority, and the citizens will see improvement. ⮚ Alderman Lockhart – No report ⮚ Alderwoman Starr – Absent ⮚ Alderman Finn – No report ⮚ Alderman Stevens - No report PUBLIC COMMENTS None OLD BUSINESS None NEW BUSINESS Staff Recognition Josh Thompson, Police Chief, recognized and read a letter of Commendation that he prepared for Officers Derek Zarda and Officers Andrew Lockhart with a Life Saving Award, which recognized the officers for their actions and outstanding efforts in service to the community and their fellow officers. The two officers were given the award after an incident on November 29, 2021, in which both officers used their training in first aid and CPR to provide lifesaving measures to an unresponsive patient in immediate need of medical intervention. (see letter in the 01/10/2022 BOA Agenda packet.) The Police Department and the City express their sincere appreciation to the officers for their service. Resolution No. 2022-01 – Foley Equipment Company Mayor Wright read the proposed resolution approving the governmental equipment lease- purchase agreement between the City of Odessa, Caterpillar Financial Services Corporation and Foley Equipment for the lease of a Caterpillar Mini Excavator and Ditch Bucket Attachment. Discussion: Continue the lease with the one the City currently has. Motion was made by Alderman Stevens, seconded by Alderman Barner, to approve Resolution No. 2022-01. Motion carried 5-0 Resolution No. 2022-02 – Temporary Municipal Judge Mayor Wright read the proposed resolution assigning a Temporary Municipal Judge for the 15th Judicial Circuit, Odessa Municipal Division Court. Discussion: Mayor Wright stated that an appointment of a Temporary Municipal Judge is needed for the month of January. Mayor Wright and staff are currently receiving letters of interest from judges and lawyers who would be willing to fill the remaining term for Judge Piedimonte who recently retired. The Mayor will provide his recommendation at the January 24th BOA meeting. The term will run until June, at which time the Board will consider the appointment of a new judge. Motion was made by Alderman Barner, seconded by Alderman Lockhart, to approve Resolution No. 2022-02. Motion carried 5-0 Resolution No. 2022-03 – Brotcke Well & Pump Inc. Mayor Wright read the proposed resolution authorizing the Mayor to enter into a contract with Brotcke Well & Pump, Inc. to perform a professional hydrogeologic study contingent on the contract review and approval of EDA. Discussion: Alderman Lockhart asked if the city is still looking at connecting to rural water. Mayor Wright stated that the city continues to look at that, and this hydrogeolgic study will provide the city with an additional option of moving the wells if the city chooses to. Motion was made by Alderman Stevens, seconded by Alderman Cramer, to approve Resolution No. 2022-03. Motion carried 5-0 Adjourn to Closed Session There being no further business to come before the Board of Aldermen in open session, motion was made by Alderman Stevens, seconded by Alderman Barner to move the meeting into closed session at 6:52 p.m. pursuant to RSMo 610.021(3) Personnel. Vote as follows: Alderman Cramer yes Alderman Finn yes Alderman Lockhart yes Alderman Stevens yes Alderwoman Starr absent Alderman Barner yes Motion carried 5-0. Mayor Wright and the (5) Aldermen were present; Shawna Davis, Karen Findora, and Joe Lauber, City Attorney were present during the closed session pursuant to RSMo 610.021(3) Personnel. No action was voted upon. There being no further business to come before the Board of Aldermen in closed session, motion was made by Alderman Barner, seconded by Alderman Lockhart to move the meeting back into open session at 7:20 p.m. Vote as follows: Vote as follows: Alderman Cramer yes Alderman Finn yes Alderman Lockhart yes Alderman Stevens yes Alderwoman Starr absent Alderman Barner yes Motion carried 5-0. Adjourn There being no further business to come before the Board of Alderman, motion was made by Alderman Barner, seconded by Alderman Stevens to adjourn the meeting at 7:20 p.m. Motion carried 5-0. Approved: CITY OF ODESSA _______________________ ________________________________ Stephen L. Wright, Mayor ATTEST _______________________ Karen Findora, City Clerk  BOARD OF ALDERMEN ACTION REPORT ISSUE: The City currently doesn’t have a policy in place for seat belts. In order to keep the citizens of Odessa and city employees safe, staff is requesting that a seatbelt policy be put into place. ACTION REQUESTED: Motion/Second to approve Resolution No. 2022-04, approving the addition of a Seat Belt Policy to the Odessa Employee Handbook and Personnel Policy, Section VII. F.6 “Employee Conduct and Welfare – Seat Belt Usage” BACKGROUND: National statistics demonstrate that one out of every five deaths occurring on the job are motor vehicle related. Lap safety belts have been proven to reduce the likelihood of fatal injury for adults by 40% and lap/shoulder belts reduce the chance of death by more than 60%. The chances of avoiding moderate or critical injuries in a crash improve 31% if a lap belt is worn and by at least 71% where a lap/shoulder belt is worn. Seat belt usage is a necessary step to insure the health and safety of City Employees, stabilize insurance premiums, reduce employee lost time, and to set an example for the people throughout the City to travel safely upon the public ways. Additionally, many of the traffic safety grants that we apply for are now requiring a seat belt policy to be eligible for grant application. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: Resolution No. 2022-04 PREPARED BY: DATED: January 20, 2022 Karen Findora, City Clerk  RESOLUTION NO. 2022-04 A RESOLUTION OF THE CITY OF ODESSA, MISSOURI, AMENDING THE CITY OF ODESSA EMPLOYEE HANDBOOK AND PERSONNEL POLICY BY ADDING A SEAT BELT POLICY WHEREAS, the City of Odessa, Missouri (the “City”) is a municipal corporation duly organized and existing under the laws of the State of Missouri; and WHEREAS, the City of Odessa strives to provide the City services to the citizens of the City of Odessa in an efficient and effective manner; and WHEREAS, in accordance with the Employee Handbook and Personnel Policy, Section I.C “General Provisions, Amendments.” “Amendments, clarifications, interpretations, or revisions of these policies may be made by the City Administrator. Revisions to policies specifically established by the Board of Alderman shall be submitted to the Board for approval, and shall become effective upon adoption by the Board”;and WHEREAS, the National statistics demonstrate that one out of every five deaths occurring on the job are motor vehicle related, and that lap safety belts have been proven to reduce the likelihood of fatal injury for adults by 40% and lap/shoulder belts reduce the likelihood of death by more than 60%; and WHEREAS, while recognizing the safety and security of the citizens of Odessa, and city employees the adoption of the policy will be added to the Odessa Employee Handbook and Personnel Policy, Section VII F.6 “Employee Conduct and Welfare – Seat Belt Usage,” that all city employees and their passengers shall wear seat belts when they are traveling in city owned vehicles or when traveling on official business for the City in privately owned vehicles; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. The City of Odessa hereby adopts a seat belt policy to be added to the City of Odessa, Employee Handbook and Personnel Policy, Section VII F.6 “Employee Conduct and Welfare – Seat Belt Usage. PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF ODESSA, MISSOURI THIS 24th DAY OF JANUARY, 2022  (SEAL) ________________________________ Stephen L. Wright, Mayor ATTEST: ________________________________ Karen Findora, City Clerk  BOARD OF ALDERMEN ACTION REPORT ISSUE: Reimbursement Resolution – New City Hall Purchase ACTION REQUESTED: Motion and second to approve Resolution No. 2022-05, declaring an intention to reimburse certain capital expenditures with proceeds of a lease purchase or certificates of participation financing BACKGROUND: Following the purchase of the former NASB Bank building at 228 N. 2nd Street, the city has been working closely with our financial advisor, Joey McLiney. As we work through this project, as previously discussed with the board, when the certificate of participation is issued, the city will reimburse our general fund the expense of purchasing the property. To do this, it is required that the city make this declaration for the reimbursement with a resolution within sixty (60) days of the closing of the property. The do not exceed remains at $1,200,000. The additional would be to cover any cost of issuance on the certificate of participation. FINANCIAL CONSIDERATIONS: The city will reimburse the general fund with the $550,000 expended for the purchase of the property when the certificate of participation is issued. ATTACHMENTS: Resolution No. 2022-05 PREPARED BY: DATE: 01/20/2022 Nicole B. Wilson Nici Wilson, City Administrator  RESOLUTION NO. 2022-05 A RESOLUTION OF THE CITY OF ODESSA, MISSOURI, DECLARING AN INTENTION TO REIMBURSE CERTAIN CAPITAL EXPENDITURES WITH PROCEEDS OF A LEASE PURCHASE OR CERTIFICATES OF PARTICIPATION FINANCING WHEREAS, the City of Odessa purchased the former NASB Bank building at 228 N. 2nd Street, to renovate to provide for a new City Hall and Board of Aldermen meeting space; and WHEREAS, when the certificate of participation is issued, the city will reimburse the general fund the expense of purchasing the property; and WHEREAS, in order to do this, the city will make the declaration for the reimbursement with a resolution within sixty (60) days of the closing of the property. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. That the Board of Aldermen authorizes the Mayor to declare an intention to reimburse certain capital expenditures with proceeds of a lease purchase or certificates of participation financing on behalf of the City of Odessa. SECTION 2. That the maximum principal amount of the lease purchase or certificates of participation expected to be entered into for the Project is $1,400.000. PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF ODESSA, MISSOURI THIS 24th DAY OF JANUARY, 2022. (SEAL) ATTEST: _____________________________ By:______________________________ Karen Findora, City Clerk Stephen L. Wright, Mayor  BOARD OF ALDERMEN ACTION REPORT ISSUE: Due to the resignation of Judge Piedimonte, effective immediately, and in accordance with City of Odessa Code of Ordinance Chapter 14, Article II, Section 14-28 and Local Court Rules of the 15th Judicial Circuit Section 6.9, the City shall appoint an Interim Municipal Judge. ACTION REQUESTED: Motion/Second to approve Bill No. 2022-01, approving the Assignment of Carl E. Scarborough as Interim Municipal Judge to the 15th Judicial Circuit, Odessa Municipal Division Court. BACKGROUND: The Honorable Judge Piedimonte has submitted his resignation as the Odessa, MO Municipal Judge, effective immediately. Court Rules allow for automatic assignment of a Judge who already presides over a Municipal Court in the 15th Judicial Circuit, this was completed at the last meeting for the temporary position under the guidance of Presiding Circuit Judge Dennis Rolf, while statements of interest were collected for the interim appointment. The interim appointment, in accordance with Section 14-28 of the Odessa Code of Ordinances, will be to fulfill the current term of the Municipal Judge that expires on June 30, 2022. This is a contracted position and will need to be able to preside over municipal court, held on the third Tuesday of every month beginning at 1:00 pm. Mayor Wright has recommended Carl E. Scarborough as Interim Municipal Judge to the 15th Judicial Circuit, Odessa Municipal Division Court. FINANCIAL CONSIDERATIONS: The terms of the contract will remain the same as previously agreed upon with Judge William Piedimonte. ATTACHMENTS: Bill No. 2022-01 Statement of Interest Public Notice Statement of Interest from Carl Scarborough dated January 5, 2022 PREPARED BY: ____ DATED: January 20, 2022 Karen Findora, City Clerk  Statements of Interest – Interim Municipal Judge The City of Odessa is accepting statements of interest from individuals who meet the requirements of Section 479.020 of the Missouri Revised Statutes and Chapter 14, Article II of the City of Odessa Code of Ordinances for an appointment as the Interim Municipal Judge. This appointment will be to fulfill the current term of the Municipal Judge that expires on June 30, 2022. This is a contracted position and interested persons will need to be able to preside over municipal court, held on the third Tuesday of every month beginning at 1:00 pm. Interested persons shall submit their letter of interest and qualifications by 5:00 pm on Wednesday, January 19, 2022 to the City of Odessa, Attention: Mayor Stephen Wright, PO Box 128, Odessa, MO 64076. Questions should be directed to Nici Wilson, City Administrator at nici.wilson@cityofodessamo.com.  EXHIBIT "A" CONTRACT TO PROVIDE SERVICES AS INTERIM MUNICIPAL JUDGE This Agreement (the "Agreement") is dated effective as of the 24th day of January, 2022 ("Effective Date"), by and between the City of Odessa, Missouri ("City"), and Carl E. Scarborough ("Mr. Scarborough''), a professional attorney practicing in Lafayette County, Missouri, (together hereinafter referred to as "Parties" or individually as "Party"). WHEREAS, Mr. Scarborough is a licensed attorney in the State of Missouri and qualified to provide Municipal Court judicial services; and WHEREAS, Mr. Scarborough agrees that all services and duties, incidental or necessary thereto, shall be conducted and performed diligently and completely and in accordance with professional standards of conduct and performance; and WHEREAS, the City desires that Mr. Scarborough provide such judicial services to the City. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth; the Parties hereto have agreed, and do hereby agree as follows: 1. Term of Appointment. The Mayor appoints and the Board of Aldermen confines that Mr. Scarborough for a period commencing on the effective date hereof, and continuing for a term of five (5) months ('Term of Appointment', as Municipal Judge of Odessa Municipal Division of the Circuit Court of Lafayette, County.) Mr. Scarborough hereby accepts such appointment and agrees to perform the services hereinafter described all upon the terms and conditions herein stated. 2. Scope of Services to be Provided. Mr. Scarborough is hereby appointed as Interim Municipal Judge, and will be responsible for all Municipal Court proceedings, supervision of the activities of the Odessa Municipal Division of the Circuit Court of Lafayette County, Missouri, and the discharge of other duties of the Municipal Court Judge as required by law. In the discharge of his duties as Municipal Court Judge, Mr. Scarborough shall comply with all the laws of the State of Missouri and in particular the Supreme Court Rules, specifically the Rules Governing the Missouri Bar and the Judiciary, Rule 2-Code of Judicial Conduct. 3. Compensation. For the services rendered pursuant to this Agreement, Mr. Scarborough will submit an invoice to the City for monthly services. Mr. Scarborough will be paid on a monthly basis and will receive a Form 1099 at the end of the year. Mr. Scarborough's hourly rate is $155 per hour and is billed in quarter-hour increments, Mr. Scarborough will be responsible for paying all taxes due on such compensation. 4. Professional Requirements. Mr. Scarborough shall be an attorney admitted to practice law before the courts of record for the State of Missouri. Mr. Scarborough must immediately report to the City any change affecting the maintenance of membership in good standing of the Missouri State Bar Association. Mr. Scarborough will keep current on legal issues relevant to the Municipal Court including regular attendance at continuing legal education programs emphasizing such matters. Mr. Scarborough shall comply with the Code of Judicial Conduct and be subject to ethics applicable to the office. 5. Professional Training. Mr. Scarborough agrees to attend all required continuing municipal legal education training sessions and will provide documentation of said training to the City upon request. The City shall pay twenty (20) percent of the costs for registration, travel and subsistence expenses for Mr. Scarborough for his annual attendance at the Missouri Municipal of Associate Circuit Judges Annual Conference and any other training required by the Missouri Supreme Court the City shall pay twenty (20) percent of the costs associated with said required training. 6. Independent Contractor. It is the understanding of the Parties that Mr. Scarborough shall be an independent contractor and that the City shall neither be liable for nor have any obligations to pay sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment Mr. Scarborough, as an independent contractor, shall pay all income and other taxes due. Insurance that is purchased for the benefit of Mr. Scarborough shall not be deemed to convert this Agreement to an employment contract. It is recognized that Mr. Scarborough may or will be performing professional services during the term for other parties and that the City is not the exclusive user of the services that Mr. Scarborough will provide. 7. Termination 7.1 Disability. If, during this Agreement, Mr. Scarborough shall be prevented for a continuous period of two (2) months from performing his duties by reason of disability, the City may terminate the Agreement, in which Mr. Scarborough shall receive any compensation earned or accrued to the date of termination of the Agreement.  7.2 Voluntary Termination. Notwithstanding herein to the contrary, Mr. Scarborough may elect to terminate the Agreement, upon written notice to the City of at least ninety (90) days. Termination shall be effective as of the time stated in the written notice, provided the required ninety (90) days was given. The City may elect to terminate the Agreement if: (1) municipal court services are transferred to the Associate Circuit Court; or (2) for cause. Cause is defined as: (i} Mr. Scarborough's failure to provide the scope of services listed in Section 3 above, (ii) disbarment or suspension for any period of time of Mr. Scarborough's license to practice law in Missouri, (iii) any violation of the Missouri Code of Judicial Conduct by Mr. Scarborough. If the City terminates the Agreement, for any reason stated above, the City shall provide written notice to Mr. Scarborough at least ninety (90) days prior to termination. Either party may waive the Notice period required by the Agreement, provided that any waiver is set forth in writing and signed by the party agreeing to waive the Notice period, If the City terminates the Agreement, the City shall pay Mr. Scarborough any compensation earned or accrued to the date of the termination of the Agreement 8. Entire Agreement Modification. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This Agreement may not be amended or modified except by mutual written agreement. All continuing covenants, duties and obligations shall survive the expiration or early termination of this Agreement. 9. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Missouri. CITY OF ODESSA, MISSOURI: _______________________ Date ______________________________ Stephen L. Wright, Mayor ATTEST: ________________________________ Karen Findora, City Clerk __________________________________________ Carl E. Scarborough, Scarborough Law Office, LLC BILL NO.: 2022-01 ORDINANCE NO.:______ AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI, APPROVING THE APPOINTMENT OF CARL E. SCARBOROUGH AS INTERIM MUNICIPAL JUDGE AN AGREEMENT BY AND BETWEEN THE CITY OF ODESSA, MISSOURI, AND CARL E. SCARBOROUGH FOR PROFESSIONAL LEGAL SERVICES TO SERVE AS INTERIM MUNICIPAL JUDGE OF THE CITY OF ODESSA WHEREAS, the City of Odessa, Missouri (the “City”) is a fourth class city and political subdivision duly organized and validly existing under the Constitution and laws of the State of Missouri; and WHEREAS, in accordance with Chapter 14, Article II, Section 28 of the Odessa, Missouri Code of Ordinances, the Mayor may designate a competent, eligible person to serve as municipal judge to fulfill the current term of the municipal judge; and WHEREAS, William D. Piedimonte, recently resigned as Odessa’s Municipal Judge; and WHEREAS, the City desires to contract with Carl E. Scarborough for professional legal services and to serve as Interim Municipal Judge for the City of Odessa, Missouri NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. Appointment by the Mayor. As provided in Chapter 14, Article II of the Code of Ordinance of the City of Odessa, Missouri, the Mayor is authorized to appoint an Interim Municipal Judge. The Mayor has appointed Carl E. Scarborough to serve the remaining term of recently resigning Judge William D. Piedimonte to the term to expire June 30, 2022. The term shall begin immediately. The passage of this ordinance will constitute the Board of Aldermen’s approval of the appointment of Carl E. Scarborough as the City’s Interim Municipal Judge by the Mayor. SECTION 2. Authorization of Agreement. The Board of Aldermen does hereby find and determine that it is in the best interest of the City of Odessa, Missouri, to enter into an agreement with Carl E. Scarborough for professional legal services to serve as the judge of the municipal court in the City of Odessa, Missouri. The City is authorized and directed to make the payments contemplated by and described in the agreement. SECTION 3. Severability. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be severable. In the event that any such section, paragraph, sentence, clause or phrase of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this Ordinance are so essential to and inseparable connected with and dependent upon the void portion that it cannot be presumed that het City as enacted the valid portions without the void ones, or unless the court finds that the valid portions, standing along, are incomplete and are incapable of being executed in accordance with the legislative intent. SECTION 4. Governing Law. This Ordinance shall be governed exclusively by and constructed in accordance with the applicable laws of the State of Missouri. SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage by the Board of Alderman and approval by the Mayor. SECTION 6. That the City Clerk is authorized by this ordinance to correct any scrivener’s errors identified within this Ordinance. READ TWICE AND PASSED by the Board of Aldermen of the City of Odessa, Missouri, and approved by the Mayor of Odessa this 24th day of January, 2022. ATTEST: ________________________________ Stephen L. Wright, Mayor _______________________________ Karen Findora, City Clerk Page 2 of 2