Board of Aldermen Regular Session

BOARD OF ALDERMAN REGULAR AGENDA Monday, May 22, 2023 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 ● May 15, 2023 – Regular Session Considered to be routine by the Aldermen 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 Chris Scarborough, Resident 1008 Fox Trot Drive Odessa, MO 64076 OLD BUSINESS NEW BUSINESS Special Event Application Date: Friday, October 20 – 22, 2023 Blue Elk District 2023 Camporee Request: Camping / Boy Scout event at the Odessa City Reservoir Above ground fires (conditions permitting) Submitted by: Gerald Gittinger Special Event Application Puddle Jumper Days Street Closure Date: Thursday–Sunday, August 3-6, 2023 Noon 8/3 – Midnight 8/5 Request: Street Closure (see attached map) Submitted by: Karen Findora Resolution No. 2023-20 Proposed Resolution No 2023-20 approving a pole attachment, Clearwave Fiber Pole Attachment between the City of Odessa, and Delta Communications, LLC D/B/A Clearwave Fiber, for the use of pole attachments to the City owned power poles in right-of-ways. Shawna Davis, City Administrator Resolution No. 2023-21 Proposed Resolution No 2023-21 authorizing execution of Emergency Dispatching Agreement emergency dispatching agreement with the City of Higginsville. Josh Thompson, Chief of Police Resolution No. 2023-22 Proposed Resolution No 2023-22 entering into a water line Water Line Construction Upsize Agreement construction upside agreement, sewer line testing and geogrid The Hill Subdivision addition to street construction for The Hill subdivision in Odessa, Missouri. Shawna Davis, City Administrator Next Scheduled Meeting Monday, June 12, 2023 at 7:00 p.m. Regular Session 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 (2) Real Estate Negotiations Pursuant to RSMO 610.021 (3) Personnel Adjourn 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 Alderwoman Karla Polson karla.polson@cityofodessamo.com (816) 739-2224 Ward 2 Alderwoman Donna Ehlert donna.ehlert@cityofodessamo.com (816) 263-9559 Ward 2 Alderman Bryan Barner bryan.barner@cityofodessamo.com (816) 985-0361 Ward 3 Alderman Bob Carey bob.carey@cityofodessamo.com (805) 320-4877 Ward 3 Alderman Shawn Cramer shawn.cramer@cityofodessamo.com (816) 522-3827 Posted May 19, 2023 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 Special Election Meeting ~ May 15, 2023 | 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 Karen Findora, City Clerk called the roll and confirmed a quorum. Mayor Stephen Wright Present Alderman Bob Carey Present Alderwoman Karla Polson Present Alderwoman Donna Ehlert Present Alderman Bryan Barner Present Alderwoman Mickey Starr Present Alderman Shawn Cramer Present (arrived 7:05 pm) OTHERS IN ATTENDANCE Karen Findora, City Clerk Kenny Snider, Wastewater Mallory Chiesa-Cullum, Finance Director Darrin Lamb, Streets Josh Thompson, Police Chief Troy Woutzke, Electric PUBLIC IN ATTENDANCE Hannah Spaar, Odessan APPROVAL OF CONSENT AGENDA Approval of minutes • April 24, 2023 – Regular Session Motion was made by Alderman Barner, seconded by Alderwoman Starr, to approve the April 24, 2023 regular meeting minutes as submitted. Motion carried 6-0 MAYOR’S REPORT Mayor Wright thanked everyone that attended the open house / ribbon cutting of the new City Hall. He went on to remind everyone of the upcoming Community Cleanup day scheduled for Saturday, May 20, 2023, from 8am – 4pm located at 406 West Marshall, Mayview, MO. He congratulated the graduating Class of 2023, and wish them well in their future endeavors. Mayor Wright stated that with the kids attending their final days of school, he ask that everyone be more cautious. ALDERMEN REPORTS • Alderman Barner had concerns with the way Republic has communicated the trash delivery of trash containers and the purchase of second trash bins. He went on to express his concern that the yard and recycling bins are not being emptied in a timely fashion. Staff took note and will communicate the concerns with Republic and work out a more frequent schedule for pickup. Mayor Wright stated the Board had approved a contract that listed one trash cart for each household. Not all residents have the same amount of trash. Those that have more trash have the option to purchase a second trash bin though Republic for $52.00 a year. Republic provided a bid that the Board approved based on the pickup of one trash bin per household. Mayor Wright reminded the Board that Republic has to pay to dispose of the trash as well. Mayor Wright stated that Odessa got spoiled by Heartland, because Heartland would pick up everything. He went on to state that Heartland is also no longer in business. • Alderman Carey stated that he would like to see more information on the trash process come from the city. Mayor Wright stated that notes have been left by Republic, and he requested that staff add information to the City website as well. Ms. Findora will add that information. • Alderwoman Ehlert stated Safe Wise presented an award to the City of Odessa for being ranked the 12th safest city in the state of Missouri. Alderwoman Ehlert went on to thank the Police Department for the outstanding job done on their Annual Report. • For. The Odessa Police Department • Alderman Cramer expressed the same concerns with the trash issues, and stated that communication of the process is poor. • Alderwoman Polson stated that she is noticing more and more trash bins placed in the street once emptied and would like the City to communicate with Republic to place the empty trash bins on the grass, out of the road way. • Alderwoman Starr also had trash concerns. PUBLIC COMMENTS None OLD BUSINESS None NEW BUSINESS Resolution 2023-17 - Disposition of Records Mayor Wright read the proposed Resolution of the Disposition of Records that have met the required retention periods in accordance with RSMo Chapter 109. Motion was made by Alderwoman Ehlert, to approve Resolution 2023-17 – Disposition of Records, seconded by Alderman Cramer. Motion carried 6-0. Resolution 2023-18 - Globlapayment Intergrated Mayor Wright read the proposed Resolution authorizing the Mayor to enter into an agreement with Globalpayment Intergrated. Motion was made by Alderman Cramer, to approve Resolution 2023-18 – Globalpayment Intergrated, seconded by Alderman Carey. Motion carried 6-0. Resolution 2023-19 - Brightspeed Pole Attachment Mayor Wright read the proposed Resolution approving a pole attachment agreement, between the City of Odessa and Brightspeed of West Missouri, LLC for the use of pole attachments to the City owned power poles in right-of-ways. Discussion: Alderman Cramer stated that he would like to make it clear that these incoming pole attachment requests are to attach to our City poles only. The City in not entering into contracts to become a carrier to provide services, the city is only approving pole attachments. Motion was made by Alderwoman Ehlert, to approve Resolution 2023-19 – Brightspeed Pole Attachment, seconded by Alderwoman Starr. Motion carried 6-0. Next Scheduled Meeting: Monday, May 22, at 7:00 p.m. Adjourn There being no further business to come before the Board of Alderman, motion was made by Alderwoman Ehlert, seconded by Alderwoman Starr, to adjourn the meeting at 7:15 p.m. Motion carried 6-0. Approved: CITY OF ODESSA _______________________ ________________________________ Stephen L. Wright, Mayor ATTEST _______________________ Karen Findora, City Clerk  2023 PUDDLE JUMPER DAYS STREET CLOSURE PLAN ● · Monday, July 31st @ 9am o DRYDEN : 2nd Street alleyway east of City Hall to Russell (Carnival) o FIRST: Dryden to alleyway south of Methodist Church (Carnival) ● · Thursday August 3rd (starting at noon) o SECOND : Cobb Avenue to alleyway by Jones Funeral Home o DRYDEN : 3rd Street to 2nd Street o MASON : 3rd Street to 1st Street o FIRST: church alleyway to Orchard (Carnival) (First St. will be open to church parking lot) ** at 5pm the south 2nd Street roadblock will extend to Orchard St. ● · Roadblocks at Railroad Street & 2nd and at Main Street & 2nd o Will still allow access for pharmacy during business hours o Move roadblock up to alleyway after business hours ● Citizens will still have access to Post Office from 1st Street, north of Dryden ● Residents living along Dryden between 2nd & 1st Streets will have parking access in city hall back parking lot & along alleyway ● Streets will be open for traffic by 2am Sunday August 6th EXCEPT: ○ Mason from 2nd to First – Food Tent & PJD Trailer ○ Dryden (2nd Street alleyway to Russell) & First St (Dryden to church alleyway) ■ Will reopen to traffic by 9am Monday August 7th  Cobb Street Main Street . St S. 2nd St. lro ad Ra i SE Library W. Mason E. Mason S. 3rd St. 1st St. S. 2nd St. W. Dryden E. Dryden Carnival & Fair S. Russell St. 1st St.  BOARD OF ALDERMEN ACTION REPORT ISSUE: Contract Approval – Pole Attachment Agreement between Delta Communications, LLC d/b/a Clearwave Fiber and the City of Odessa ACTION REQUESTED: Motion/Second to approve Resolution No. 2023-20, allowing the Mayor to enter into a Pole Attachment Agreement between Delta Communications, LLC d/b/a Clearwave Fiber and the City of Odessa for the purpose of providing fiber infrastructure to Odessa residents. BACKGROUND: Delta Communications, LLC d/b/a Clearwave Fiber has been in contact with City of Odessa staff to discuss proceeding with the installation of fiber infrastructure within Odessa. Clearwave’s intention would be to install infrastructure both in ground and aerial by attaching to City owned poles. As a part of Right-of-Way management, staff suggests the Mayor enter into such an agreement due to the City and the Odessa Electric Department’s responsibility to safeguard the integrity of the electric system. This agreement outlines the procedures and relationship that would occur by allowing the use of City poles. The agreement insures that the telecommunication company follows all rules and regulations outlined in the agreement and in compliance with state and federal regulations. Staff have worked directly with Missouri Public Utility Alliance (MPUA) and city attorneys to outfit this agreement to the needs of the City of Odessa. Staff have also worked directly with MPUA staff to determine the appropriate calculation for an annual fee amount per pole used. The calculation and formula is strict and regulated to ensure its accuracy. Per the formula, staff have determined a fee amount of $8.08/pole. FINANCIAL CONSIDERATIONS: The City will collect the per pole rate of $8.08 per pole used by Delta Communications, LLC d/b/a Clearwave Fiber. ATTACHMENTS: Resolution No. 2023-20 Odessa/Clearwave Pole Attachment Agreement PREPARED BY: _____________ DATED: May 22, 2023 Shawna Davis, City Administrator  RESOLUTION NO. 2023-20 A RESOLUTION APPROVING A POLE ATTACHMENT AGREEMENT, BETWEEN THE CITY OF ODESSA, MISSOURI AND DELTA COMMUNICATIONS, LLC D/B/A CLEARWAVE FIBER, FOR THE USE OF POLE ATTACHMENTS TO THE CITY OWNED POWER POLES IN RIGHT- OF-WAYS WHEREAS, private telecommunication companies have a legal right to use public electric utility poles, and public right-of-ways for telecommunication purposes; and WHEREAS, the City of Odessa Board of Aldermen finds that the public good will be served by the charging reasonable fees for use of said poles and right-of-ways NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. The Board of Aldermen of the City of Odessa hereby authorizes and approves a pole attachment agreement with Delta Communications, LLC d/b/a Clearwave Fiber attached hereto, and herein as Exhibit A: and SECTION 2. That the Mayor is hereby authorized to execute, on behalf of the City of Odessa, the agreement. SECTION 3. This Resolution shall take effect and be in full force from and after the passage approval thereof. APPROVED AND PASSED by the Board of Aldermen and approved by the Mayor of the City of Odessa, Missouri, this 22nd day of May, 2023. (SEAL) ___________________________ Stephen L. Wright, Mayor ATTEST: ________________________________ Karen Findora, City Clerk  Odessa Police Department 310 S First Street • Odessa, MO 64076 Phone: 816-633-7575 • Fax: 816-633-7221 • odessapd@cityofodessamo.com BOARD OF ALDERMEN ACTION REPORT ISSUE: Renewal of annual Agreement with the City of Higginsville 911 Central Dispatch for emergency dispatching services for the Odessa Police Department ACTION: Allow the Mayor to execute Dispatching Services Agreement on behalf of the City of Odessa for police-related dispatch. BACKGROUND: The City of Higginsville 911 Central Dispatch has provided dispatching services for over 25 years to the City of Odessa and for Lafayette County since 2018. The Higginsville 911 Central Dispatch operates on a one-year (annual) agreement that coincides with the City of Higginsville fiscal year which begins October 1st. The City of Odessa must return an executed agreement in order to receive dispatching services for the 12 months commencing October 1, 2023 and expiring September 30, 2024. The updated service charge for the full year for Odessa Police Department dispatching services amounts to $19,720.00 which is a 25% ($4,040.00) increase over the current agreement. Previous agreements showed decreases due to 911 tax revenue. Starting January 1, 2023, the Lafayette County Sheriff is no longer participating with Higginsville’s 911 dispatching services (they have opted to fund their own dispatch center). With them leaving the pool, this has caused our fees to increase. This amount will be billed quarterly at a rate of $4,930.00/Q with the first payment due October 10th, 2023. Service charge is based on a formula property valuation in order that all participating parties share equitably. FINANCIAL CONSIDERATIONS: The amount of the Agreement is consistent with the City’s planned budget. Adjustments to the line item budget will be presented at our next fiscal year budget planning sessions. ATTACHMENTS: Resolution No. 2023-21 City of Odessa 911 Dispatch Agreement PREPARED BY DATED May 11, 2023 Josh Thompson Chief of Police  RESOLUTION 2023-21 RESOLUTION OF THE CITY OF ODESSA, MISSOURI, AUTHORIZING EXECUTION OF EMERGENCY DISPATCHING AGREEMENT WITH THE CITY OF HIGGINSVILLE WHEREAS, the City of Higginsville currently provides emergency dispatching services to the City of Odessa and for all of Lafayette County, and WHEREAS, it is the desire of the City of Odessa, Missouri to secure such emergency dispatching services on behalf of the Odessa Police Department for 12-month period commencing October 1, 2023 and expiring September 30, 2024.. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. That the Mayor is hereby authorized to execute the attached Cooperative Agreement with the City of Higginsville. SECTION 2. That the Chief of Police is hereby appointed to serve as the point of contact with the City of Higginsville on behalf of the City of Odessa. APPROVED AND PASSED by the Board of Aldermen of the City of Odessa, Missouri, this 22nd day of May 2023. (SEAL) By: ______________________________ Stephen L. Wright, Mayor ATTEST: By: ____________________________________ Karen Findora, City Clerk 1922 Main Street, P O Box 110 Higginsville, MO 64037 660.584.2106 Date: May 11, 2023 To: City of Odessa 125 S. 2nd St., P.O. Box 128 Odessa, MO 64076 From: City of Higginsville Effective October 1, 2023, your new charge from the City of Higginsville for 911 Central Dispatch Services will be $4,930.00. As most of you are aware, Lafayette County Sheriff’s Department is no longer using our Dispatching services. Due to the loss of this revenue, we are reverting back to the .040/100 valuation rate. We will continue to evaluate this on a quarterly basis to see if it is possible to lower your cost. The proposed contract for services is attached for your review. Please return the signed contract to: City Administrator Jeanette Dobson, 1922 Main St., P.O. Box 110, Higginsville, MO 64037, no later than Friday, September 8, 2023. You may contact Police Chief Long or City Administrator Dobson with any questions concerning the contract or billing dates. The City of Higginsville will be billing out the fees as follows, with your first payment due no later than October 10, 2023. Due October 10, 2023 $4930.00 Due January 10, 2024 $4930.00 Due April 10, 2024 $4930.00 Due July 10, 2024 $4930.00  AGREEMENT FOR EMERGENCY MEDICAL SERVICE (EMS), POLICE, AND FIRE DISPATCHING SERVICES AGREEMENT made this 1st day of October, 2023, by and between the City of Higginsville, a political subdivision, organized and existing under the laws of Missouri (hereinafter “City”) and City of Odessa, a political subdivision of the State of Missouri organized and existing under the laws of Missouri (hereinafter “Agency”). WITNESSETH: WHEREAS, the provisions of Sections 70.210 through 70.320, RSMo., Empower municipalities and other political subdivisions to contract and cooperate with each other for a common service; and, WHEREAS, Agency is desirous of securing emergency dispatching services from City; and NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions hereafter provided, IT IS AGREED by and between the parties hereto as follows: Section 1.0 General Services City shall provide and maintain sufficient and suitable equipment, personnel, and facilities, so that City meets the requirements and specifications of a dispatching center as currently set forth in §321.245 RSMo and as may hereafter be required by state or federal law and/or regulations. 1.2 City will receive and dispatch calls for the Agency in accordance with and in the same manner and fashion it receives, and dispatches such calls for all agencies it provides such services. City maintains sole discretion and control over how it receives and dispatches calls for Agency. 1.3 For police- related dispatch, if any, City shall maintain and provide the following for Agency, to wit: A. The answering of all police calls; B. The dispatching of all police calls; C. Logging all calls into City’s Computer-Aided Dispatch system; D. Twenty-four (24) hour access in MULES/NCIC; E. Entering of all wanted or missing persons and stolen vehicles or Articles into MULES/NCIC; F. Receiving and sending any administrative message according to MULES/NCIC guidelines, and  G. The validation of all active entries. Section 2.0 Agency Obligations 2.1 Agency will, at its own expense, furnish to City sufficient information to allow City to maintain and operate its current mapping data system, which supports the computer-aided dispatch (“CAD”) system. This data shall be in a digital format compatible with City's data system; data shall include, but not be limited to, streets, intersections, speed limits, lot parcels, left and right segment numeric's, and any such ancillary data that would enhance the mapping data, and to provide regular updates and corrections to the aforesaid data. 2.2 The Chief of each department of Agency, or an appropriate alternate designee, shall be responsible for establishing their data with City and maintaining them as may be necessary. 2.3 Each Agency will provide and also have the following responsibilities: a) To provide a roster of command staff with contact information, a list of station locations and contact telephone numbers. b) To provide all data requested by City to facilitate dispatching. c) To utilize the dispute resolution procedures outlined herein. Section 3.0 Annual Service Charges 3.1 For 2023, and for each year thereafter that City provides or is contractually obligated to provide dispatch services, Agency shall for and with respect to each such year, pay an annual service charge as set forth in the following schedule: Due October 10 - $4930.00 Due January 10 - $4930.00 Due April 10 - $4930.00 Due July 10 - $4930.00 3.2 Agency annual service charge shall be payable in quarterly installments, in advance, commencing on October 1st, and the first of the month each third month thereafter. 3.3 In addition to fees to dispatch, Agency shall be responsible to pay to City such fees as are incurred by the City by its software providers, in order to allow Agency access to the City’s record systems for Agency’s records. This amount shall be paid in advance, when due, prior to access being authorized. Section 4.0 Agreement Acknowledgements 4.1 Agency agrees and promises that it has no, and shall have no ownership interest in City, and it will not be entitled to accumulate any interest in the ownership, assets, or governance of City as a result of this Agreement or its performance. 4.2 City shall, during the period in which City is providing services to Agency, provide equipment, software and services (including computer equipment, computer software, and communications equipment) sufficient to provide services as called for hereunder. Any changes in equipment or services by contracting Agency that would require dispatch to upgrade or change current equipment to provide sufficient services or communications would be at the expense of the contracting Agency. 4.3 Agency shall pay, when due, all licensing fees required to permit Agency access to, or use of, City software associated with dispatch services provided to Agency, and associated record keeping or data entry and access. Section 5.0 Effective Date, Term and Cancellation 5.1 City shall begin providing service under this agreement at 00:00:01 hours on October 1 and end at 23:59:59 hours on September 30. The parties shall also have the option of initiating service prior to October 1, at such time as may be agreed by the parties by mutual consent. 5.2 Agency of City may, at its own discretion, cancel this agreement by providing the other party written notification, received at the primary business address, by April 1st, of the year, proceeding the year of cancellation. This will provide each party with at least six (6) months’ notice of such cancellation. 5.3 At any time, Agency retains the right, at its sole discretion, to resume responsibility for dispatch, as it may see fit, provided, however, the Agency shall continue to be liable for payments to City for the year during which Agency resumes responsibility for dispatch and, further, that Agency is not be entitled to any prorate refund for any portion of payments made for that calendar year and Agency would still be liable for the following year's payment if notice of cancellation is not provided by April 1st, as set forth in Section 5.2. Section 6.0 Miscellaneous 6.1 If any party breaches or allegedly breaches its obligations under this Contract, then the non-breaching party must give written notice to the allegedly breaching party and the allegedly breaching party must be given 30 days to cure the breach before a lawsuit may be brought on the breach of contract. Any lawsuit arising from, or related to, this Contract must be filed in the Lafayette County, Circuit Court, State of Missouri. After written notice of any breach and 30 days to cure, the non-breaching party may immediately terminate its obligations under this Contract, stop its performance, and bring a lawsuit for breach of contract. 6.2 This Agreement is a complete expression of the party's agreement and may only be amended or modified or supplemented by a written agreement signed by both parties. 6.3 Both parties to this Agreement agree that they have properly authorized this Agreement according to Missouri law. 6.4 In the event any provisions of this agreement is invalid or unenforceable, such invalid or unenforceable provision shall not invalidate or affect the other provisions of this Agreement, which shall remain in effect and be construed as if such provision were not a part of thereof, provided that if the invalidation or unenforceability of such provision shall, in the opinion of either party to the Agreement, have a material effect on such party's rights or obligations under this agreement, then the Agreement may be terminated by either party upon thirty (30) days prior written notice by such party to the other party. Section 7.0 Dispute Resolution 7.1 At least two times per year, the City shall host a meeting for representatives of each agency being provided services. The purpose of this meeting shall be to discuss current and future operational issues of the dispatch system, and to identify any operational concerns which require remediation under the City's contract for services. City shall respond to any concern forwarded at this meeting within a reasonable time. 7.2 Between these semi-annual meetings, any performance-related concerns not rising to the level of a breach of the contract, shall be communicated in writing by the chief officer of the agency receiving service to the Chief of Police of City, who shall respond as soon as possible. Under no circumstances should the dispatch center telephone lines be used for purposes of communicating concerns or complaints. The dispatch center shall be used solely for emergency dispatch communications. WITNESS the hands of the authorized agents of the parties the date first above written. CITY OF HIGGINSVILLE AGENCY By Donald Knehans, Mayor Name and Title _________________________ Printed Name ATTEST: ATTEST: City Clerk, Sheri Tieman Name and Title ________________________ Printed Name  RESOLUTION 2023-22 RESOLUTION OF THE CITY OF ODESSA, MISSOURI, ENTERING INTO A WATER LINE CONSTRUCTION UPSIZE AGREEMENT, SEWER LINE TESTING AND GEOGRID ADDITION TO STREET CONSTRUCTION FOR THE HILL SUBDIVISION IN ODESSA, MISSOURI WHEREAS, the City of Odessa, Missouri wishes to enter into a water line construction upsize agreement with Steven R. Bailey and Lisa A. Bailey, trustees of the Steven R. Bailey Trust; and WHEREAS, on March 1, 2007, the City approved the construction plans regarding grading, erosion and sediment control, streets, drainage, storm sewer, sanity sewer, water lines, etc. for The Hill subdivision project; and WHEREAS, in order to meet current fire flow, the City has requested and the Developer is in agreement to upsize the diameter size of the water lines in the Approved Constructions Plans. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1 That the Board of Alderman authorize the Mayor to enter into an water line construction upsize agreement with Steven R. Bailey and Lisa A. Bailey, Trustees of the Steven R. Bailey Trust. APPROVED AND PASSED by the Board of Aldermen of the City of Odessa, Missouri, this 22nd day of May, 2023. (SEAL) By: ______________________________ Stephen L. Wright, Mayor ATTEST: By: ____________________________________ Karen Findora, City Clerk  WATER LINE CONSTRUCTION UPSIZE AGREEMENT, SEWER LINE TESTING AND GEOGRID ADDITION TO STREET CONSTRUCTION FOR THE HILL SUBDIVISION IN ODESSA, MISSOURI This WATER LINE CONSTRUCTION UPSIZE AGREEMENT, SEWER LINE TESTING AND GEOGRID ADDITION TO STREET CONSTRUCTION FOR THE HILL SUBDIVISION IN ODESSA, MISSOURI (“Agreement”) is entered into as of the ______ day of _________, 2023 (“Effective Date”) by and among STEVEN R. BAILEY AND LISA A. BAILEY, Trustees of the Steven R. Bailey Trust under Trust Agreement dated September 28, 1999, as to undivided ½ interest, and Lisa A. Bailey and Steven R. Bailey, Trustees of the Lisa A. Bailey Trust under Trust Agreement dated September 28, 1999, as to an undivided ½ interest (“Developer”), and the CITY OF ODESSA, MISSOURI (“City”). RECITALS A. City requires the developers of land to be responsible for the costs and expenses of certain public street and utility facilities to be constructed both on and off such land that serve their respective developments, including streets, water lines and sanitary sewer lines. B. Developer is developing a housing development known as The Hill Subdivision in Odessa, Missouri, pursuant to the approved Plans (the “Project”). C. On or about November 27, 2006 the City adopted Ordinance No. 2668, approving the First Plat of The Hill 1st Plat (“Phase 1”), attached hereto as Exhibit A and incorporated herein by reference. D. On or about March 1, 2007, the City approved the construction plans (the “Approved Construction Plans” and/or the “Plans”) regarding grading, erosion & sediment control, streets, drainage, storm sewer, sanitary sewer, water lines, etc. for the Project. The Project is being developed by Developer in phases. The Approved Construction Plans are attached as Exhibit B and incorporated herein by reference. To date, most of the sanitary sewers approved by the Plans have been installed throughout the Project. None of the water lines approved by the Plans (shown on pages 36 through 44 of the Plans) have been installed. None of the streets approved by the Plans (shown on pages 3 through 15 of the Plans) have been constructed. NOW, THEREFORE, the Developer and City, in consideration of the mutual agreement contained herein, agree as follows: AGREEMENT SECTION 1: WATER LINES A. Upsizing of Water Lines. In order to meet current fire flow, the City has requested and the Developer is in agreement to upsize the diameter size of the water lines in the Approved Construction Plans as follows: Page 1 of 6 a. Water Lines in the First Plat of The Hill (Phase 1). For the water lines shown on the Approved Construction Plans which were approved by the City as 2” size in diameter, which are also shown on the Approved Construction Plans as “Service Main”, Developer agrees that those 2” Service Mains shall be increased to 6” in diameter waterlines, in 6” PVC (C-900). For reference, the Approved Construction Plans for Phase 1 show 1,531.18 L.F. in 2” waterlines, i.e. Service Mains, which will be upsized from 2” to 6” waterlines pursuant to this Agreement, in Lines 2, 5 and 7, as follows: a. Line 2, adjacent to Cobb Street: 642.75 linear feet (“L.F.”) of 2” PVC Service Main (see Page 38 of the Plans), to be upsized to a 6” waterline. b. Line 5, adjacent to Diamond View Circle: 507.58 L.F. of 2” PVC Service Main (see Page 42 of the Plans), to be upsized to a 6” waterline. c. Line 7, adjacent to Lake Venita Circle: 380.85 L.F. of 2” PVC Service Main (see Page 42 of the Plans), to be upsized to a 6” waterline. For the waterlines shown on the Approved Construction Plans for Phase 1 that were approved as 6” in diameter within Phase 1, said water mains are acceptable to the City and are approved to be installed as 6” water mains as shown on the Approved Construction Plans. For reference, the Plans show Line 2, adjacent to Cobb Circle, will be 389.90 L.F. of a 6” waterline, which City and Developer agree is the size in diameter that will be constructed for Line 2. b. Water Lines for Future Phases. For any of the waterlines shown on the Approved Construction Plans that will be constructed in phases of the Project beyond Phase 1, that were approved as 2” size in diameter, which are also shown on the Approved Construction Plans as “Service Main”, Developer agrees that those Service Mains shall be increased to 6” waterlines, either 6” PVC (C-900) or 6” Ductile Iron (Class 52), at Developer’s discretion. For reference, the Approved Construction Plans for the future phases show the following 2” water lines, i.e. Service Mains, which will be upsized from 2” to 6” waterlines pursuant to this Agreement: a. Line 4, adjacent to 8th Street: 585.97 L.F. of 2” PVC Service Main (see Page 40 of the Plans), to be upsized to a 6” waterline. b. Line 8, adjacent to Hillside Circle: 520.25 L.F. of 2” PVC Service Main (see Page 43 of the Plans), to be upsized to a 6” waterline. c. Line 9, adjacent to Parkside Circle: 473.47 L.F. of 2” PVC Service Main (see Page 43 of the Plans), to be upsized to a 6” waterline. d. Line 10, adjacent to Trailside Circle: 493.63 L.F. of 2” PVC Service Main (see Page 44 of the Plans), to be upsized to a 6” waterline. e. Line 11, adjacent to Sky View Circle: 499.14 L.F. of 2” PVC Service Main (see Page 44 of the Plans), to be upsized to a 6” waterline. For the waterlines shown on the Approved Construction Plans that will be constructed in future phases of the Project beyond Phase 1, that were approved as 6” size in diameter, Developer agrees that those 6” Water Mains shall be increased to 8” in diameter Water Mains, in either 8” PVC (C-900) or 8” Ductile Iron Pipe (Class 52), at Developer’s discretion. Page 2 of 6  For reference, the Approved Construction Plans for the future phases show the following 6” in diameter waterlines, which will be upsized from 6” to 8” waterlines pursuant to this Agreement: a. Line 4, adjacent to 8th Street: 199.02 L.F. of a 6” water main (see Page 40 of the Plans), to be upsized to 8” waterline. b. Line 8, adjacent to Hillside Circle: 5.0 L.F. of 6” water main (see Page 43 of the Plans), to be upsized to 8” waterline. c. Line 9, adjacent to Parkside Circle: 67.24 L.F. of 6” water main (see Page 43 of the Plans), to be upsized to 8” waterline. d. Line 10, adjacent to Trailside Circle: 66.90 L.F. of 6” water main (see Page 44 of the Plans), to be upsized to 8” waterline. e. Line 11, adjacent to Sky View Circle: 177.18 L.F. of 6” water main (see Page 44 of the Plans), to be upsized to 8” waterline. c. All Other Mains. All other Water Mains shown on the Plans as 8” size in diameter (Line 3 and Line 6), and 10” size in diameter (Line 1), are acceptable to the City and are approved to be installed as shown on the Approved Construction Plans. B. Reimbursement Payment by City to Developer. a. Phase I. City herein agrees to reimburse Developer for the amount of the difference between the cost of the water lines for the sizing of the water lines that were approved by the Plans, and cost of the agreed upon upsized water lines, in the amount as set forth in the table below. For reference, a 2” SDR21 PVC Service Line pipe, on the date of this Agreement, costs $1.51 per Linear Feet. The upsized 6” C900 DR18 water main pipe costs $13.69. Therefore, the difference that the City will reimburse Developer for the Phase 1 upsizing to a 6” water main pipe is $18,649.77, calculated as follows: 1,531.18 x $12.18. The Developer intends to commence construction of the upsized 6” water main imminently, and therefore, the prices for the Unit Cost Different are set and established in the table below, from May 2023. b. Future Phases. For the future phases of The Hill Subdivision, City also agrees to reimburse Developer for the amount of the difference between the cost of the water lines for the sizing of the water lines that were approved by the Plans, and cost of the agreed upon upsized water lines. It is not known as of the Effective Date as to when Developer will commence construction of the water lines for the future phases, and therefore, the unit costs to be utilized for the calculation of the cost reimbursement will be determined at the time that Developer purchases the water lines for those future phases. At the time of the request for reimbursement for the future phases, the Developer shall provide City with a bid for the Unit Cost of the 2” SDR21 Service Line, a bid for the Unit Cost of the 6” C900 DR18 water main, and a bid for the Unit Cost the 8” C900 DR18 water main, and those Unit Cost amounts shall be utilized for the calculation of the Unit Cost Difference for the City to reimburse the Developer. For illustration purposes, if the water lines for the future phases were purchased in May 2023, the reimbursed cost of the upsized lines would be $31,332.56 for the upsizing of the 2” to 6” Page 3 of 6  for the Future Phases (2,572.46LF x $12.18), and the reimbursed cost of the upsized lines from 6” to 8” would be $5,034.87 for 515.34 Linear Feet of 8” upsized pipe, as a 8” C900 DR18 water main pipe in May 2023 costs $23.46 and a 6” C900 DR18 water main in May 2023 costs $12.19. Therefore, the difference that the City would reimburse Developer in that scenario is $9.77 per Linear Feet of 8” upsized pipe (515.23 x $9.77). The future phase reimbursement amount, however, is to be determined, “TBD”, based upon the bid amounts obtained by Developer and provided to the City at the time in the future that those water lines are constructed by Developer. Water Line Unit Cost Difference Total Linear Total Feet Amount Reimbursed by City 2” upsized to 6” (Phase $12.18 per linear foot 1,531.18 $18,649.77 1) 2” upsized to 6” Cost to be determined 2,572.46 TBD (Future Phases) at time of construction 6” upsized to 8” Cost to be determined 515.34 TBD (Future Phases) at time of construction Once the water lines are installed, the City will inspect the water lines. If after the inspection the City approves the installation of the water lines, then the City will reimburse the Developer the cost of the upsize within 30 days of approval. If upon inspection, the City determines that the Water Mains have not been installed pursuant to the standards and specifications set forth on the Approved Construction Plans and the standards set forth by the Missouri Department of Natural Resources, then the City shall notify the Developer of the issue within 5 business days. Once the Developer addresses the issue and the City approves the installation, the City will remit payment for the upsize in water line to the Developer within 30 days of approval. SECTION 2: SEWER LINE TESTING A. The sewer system depicted in the Plans (shown on pages 27 through 35 of the Plans) has been installed by the Developer (the “sewer system”). Since being installed the sewer lines have remained in the ground without any water within the lines. Further, due to the sewer system’s proximity to the lake, the City is requesting and the Developer agrees to test the sewer system for defects. The Parties agree that the Developer, at the Developer’s cost, will perform the following tasks prior to the City accepting the sewer system: A. Vacuum test all manholes within the Project; and B. Pressure test all of the sewer mains within the Project; and C. Mandrel test every line from manhole to manhole. If any of the above tests reveal a defect in the sewer system, Developer agrees to repair the defect at the Developer’s cost. Once repaired, the City will accept the sewer lines. B. If the Developer has evidence that the sewer system has already been tested and accepted by the City, Developer shall provide such evidence to the City. If the City has already accepted the sewer system, then it will be the City’s responsibility to perform the above referenced tests at the City’s cost. Further, if such tests reveal defects in the sewer lines, City agrees to repair the sewer system at the City’s cost. Page 4 of 6 SECTION 3: GEOGRID INSTALLATION FOR STREET CONSTRUCTION A. The Parties agree that in order to extend the life of the streets within the Project that a geogrid shall be installed on or within the street base in order to help stabilize the soil during sitework and help reinforce, waterproof and reduce cracks, and extend the maintenance intervals of the streets. The Developer agrees to install the geogrid under each street (shown on pages 3 through 15 of the Plans) at the Developer’s cost. The City does not require the Developer to submit new construction plans showing the geogrid. SECTION 4: RATIFICATION OF APPROVED CONSTRUCTION PLANS A. The Approved Construction Plans are hereby ratified by the City as being the approved plans of record for the Project and the City agrees and consents that no modifications, revisions, changes or amendments, including, without limitation, no changes to the Plans as set forth herein, shall be required for the construction of the improvements and work as shown and set forth on the Approved Construction Plans. Developer agrees to perform the upsizing of water lines, testing of the sewer system and installation of geogrid as set forth above even though they are not shown on the Approved Construction Plans. SECTION 5: GENERAL CONDITIONS A. Missouri Law to Apply. This Agreement shall be constructed in accordance with the laws of the State of Missouri. All obligations of the parties created hereunder are performable in Lafayette County, Missouri, and the exclusive jurisdiction and venue for any action to enforce or interpret this Agreement shall be in the state court or federal court applicable to controversies arising in Lafayette County, Missouri. B. Parties Bound and Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. In the event a party to this Agreement assigns this Agreement, such party shall remain liable for its obligations hereunder and the assignee or transferee shall deliver to the other parties to this Agreement an assumption agreement satisfactory in form and content to them. C. Partial Invalidity. In the event that any provision or part of a provision of this Agreement is held invalid or unenforceable by any court or other lawful forum, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provisions of this Agreement, unless such invalidity or unenforceability would defeat an essential business purpose of this Agreement. D. Prior Agreements Superseded. This Agreement constitutes the sole agreement between the parties respecting the subject matter contained herein, supersedes any prior understandings or written or oral agreements, and may not be altered, changed, or amended, except by an instrument in writing, signed by all parties hereto and referring specifically to this Agreement. E. Attorneys’ Fees and Legal Expenses. If any party hereto institutes a legal action or proceeding to enforce any provision hereof or seeking damages by reason of any alleged breach of any provision of this Agreement or pursuing any other judicial remedy, the prevailing party shall be entitled to receive from the non-prevailing party all reasonable attorneys’ fees and court costs incurred by the prevailing party in connection with said action or proceeding. Page 5 of 6  F. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Any signed counterpart of this Agreement that is delivered by facsimile, email or other electronic means shall have the same force and effect as an original signature and shall be binding upon the party so delivering. G. Other Instruments. Each party shall, upon the request of any other party, execute, acknowledge and deliver any and all instruments reasonably necessary or appropriate to carry into effect the intentions of the parties as expressed in this Agreement. The Developer and City, through their duly authorized representatives, have executed this Agreement to be effective as of the Effective Date. CITY OF ODESSA, MISSOURI By: ___________________________ Stephen L. Wright, Mayor Attest: By: __________________________ DEVELOPER: By: _____________________________ STEVEN R. BAILEY, Trustee of the Steven R. Bailey Trust and the Lisa A. Bailey Trust By: _____________________________ LISA BAILEY, Trustee of the Steven R. Bailey Trust and the Lisa A. Bailey Trust Page 6 of 6