Board of Aldermen Regular Session

BOARD OF ALDERMAN REGULAR AGENDA Monday, October 23, 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 ● October 9, 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 Proclamation World Polio Day, Tuesday, October 24, 2023 ALDERMEN REPORTS PUBLIC HEARING PUBLIC COMMENTS OLD BUSINESS NEW BUSINESS Legislative Update State Representative Terry Thompson, will provide a brief Legislative update. Resolution No. 2023-32 Authorizing the Mayor to enter into a contract agreement Contract Agreement and change order between the City of Odessa and Earthworks Excavation & Associates, LLC for the construction of a sewer main extension. Shawna Davis, City Administrator Bill No. 2023-23 ORD. 3109 A proposed ordinance amending Chapter 12, Business in the Code of Ordinances of the City of Odessa, Missouri, relating to (1st & 2nd Reading) Mobile Food Vendors. Mobile Food Vendor Shawna Davis, City Administrator Monday, November 13, 2023 at 7:00 p.m. Regular Session Next Scheduled Meeting 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 Up-Coming Meetings / Events: October 26 @ 4:00 pm, Odessa Farmers Market (last one of the season) October 26 @ 7:00 pm, Paint & Snack OHS National Honor Society October 27 @ 5:00 pm, Odessa Auto & Truck Repair Ribbon Cutting @ 1466 E Old Hwy. 40 October 28 @ 5:00 pm, Downtown Trick-or-Treat October 28 @ 12:00 pm, Halloween Bash & Mayview Street Fundraiser October 29 @ 1:30 pm, Paint & Pour John Knox Village East November 10 @ 8:00 am, Downtown Odessa Merchants’ Group Holiday Open House November 10 & 11 @ 9:00 am, Downtown Odessa Merchants’ Group Santa’s Workshops November 13 @ 6:30 pm, Odessa Christmas Lighting & Parade November 18 @ 1:00 pm, Household Hazardous Waste & E-Waste Event December 2 @ 5”:30 pm, Drive-Thru Live Nativity For more information, please visit the City of Odessa website. ELECTED OFFICIALS Mayor Stephen Wright steve.wright@cityofodessamo.com (816) 918-6634 Ward 1 Alderwoman Mickey Starr mickey.starr@cityofodessamo.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 October 20 2023 City Hall & City Website Emailed to The Odessan Karen Findora, City Clerk PO Box 128 ∙ 228 S Second ∙ Odessa, MO 64076 Email | Phone: (816) 230-5577 | www.cityofodessamo.com  City of Odessa, Missouri Board of Aldermen Odessa Community Building | 601 W. Main Street Regular Meeting ~ October 9, 2023 | 7:00 p.m. Meeting Minutes MEDIA LINK 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 OTHERS IN ATTENDANCE Shawna Davis, City Administrator Darrin Lamb, Streets/Water Mallory Chiesa-Cullum, Finance Director Troy Woutzke, Electric - Absent Karen Findora, City Clerk Kenny Snider, Wastewater Josh Thompson, Police Chief Kane Dobson, Patrolman Samantha Bell, SRO Joe Lauber, Lauber Municipal Law PUBLIC IN ATTENDANCE Hannah Spaar, Odessan Janet Masters, Helping Hands Faith Zimmerman, Coffee Camp Melanie Shutt, Coffee Camp Kim Pearson APPROVAL OF CONSENT AGENDA Approval of minutes ● September 25, 2023 – Regular Session Alderwoman Ehlert moved to approve the meeting minutes for September 25, 2023, seconded by Alderman Carey. Motion carried 6-0 MAYOR’S REPORT Mayor Wright invited everyone out to the Odessa Marching Band Invitational. There will be 23+ bands from surrounding areas performing in downtown Odessa, on Saturday, October 14, 2023. ALDERMEN REPORTS ● Alderman Barner raised concerns about the intersection of 1st and Chestnut. He pointed out that there are often large trucks parked near the intersection, which obstruct the traffic flow in both directions. In response, Mayor Wright assured him that Chief Josh Thompson would investigate the matter and take necessary steps to resolve the issue. ● Alderman Carey – No Report ● Alderwoman Ehlert reminded everyone about the upcoming annual Ghouls Night Out event, which is sponsored by the Downtown Merchants’ Group. The event is scheduled for this Thursday evening. Prior to the Chamber of Commerce Halloween event on October 28th, the Cub Scouts will be cleaning up the streets from debris and weeds. Additionally, the Odessa Garden Club is conducting a Fall Yard of the Month contest, with prizes for 1st, 2nd, and 3rd place. In other news, the Odessa Rotary has been awarded a grant of $5,000 for the Odessa Reservoir Walking Trail. ● Alderwoman Polson – No Report ● Alderwoman Starr – No Report ● Alderman Cramer emphasized the importance of being highly aware of pedestrians during the upcoming marching band invitational weekend. PUBLIC HEARING None PUBLIC COMMENTS None OLD BUSINESS None NEW BUSINESS Staff Introduction “Samantha Bell, SRO” and “Kane Dobson, Patrolman” Chief Thompson introduced Samantha Bell, one of the newest School Resource Officers (SROs) of the Odessa R-VII School District along with Kane Dobson, who was hired as an Odessa Patrolman in September. The City of Odessa and the Odessa School District are fortunate to have dedicated employees like Samantha and Kane, who are committed to ensuring the safety and security of the students, staff, and residents in their community. Special Event Permit “Elf Boot Block” Janet Masters, from Helping Hands, is requesting permission to organize an Elf Boot Block event at the 4-way stop located in downtown Odessa. The event is scheduled to take place on November 4, 2023, from 7:00 a.m. until noon. All proceeds from the event will be donated to the Odessa Christmas Store to support families in need during the holiday season. Motion to approve the Special Event Permit for the “Elf Boot Block” by Alderman Cramer, seconded by Alderwoman Ehlert. Motion carried 6-0. Special Event Permit “Coffee Camp Mobile Beverage Trailer” Faith Zimmerman and Melanie Shutt, owners of Coffee Camp Mobile Beverage, are requesting permission to set up their mobile beverage trailer at Rail Road Park for 2-3 mornings a week from 6:00 a.m. to noon. Ms. Zimmerman assured the board that they would clean up the site daily to ensure there is no trace of trash or debris. Alderman Cramer enquired with the board if they had any objections to allowing Coffee Camp to set up at Rail Road Park every day of the week. The board had no objections to this. Alderwoman Polson requested the staff to design an ordinance with guidelines for mobile food vendors. Motion to approve the Special Event Permit for “Coffee Camp Mobile Beverage Trailer” to be allowed to set up at Rail Road Park every day of the week from 6:00 a.m. – Noon, seconded by Alderman Cramer. Motion carried 6-0. Motion of Approval “Memorandum of Understanding for 2023-2024 School Resource Officer” Mayor Wright requested approval for MOU 2023/2024 (year 2) second School Resource Officer for the Odessa R-VII School District. Motion was made by Alderman Barner to approve the MOU for the second School Resource Officer for the Odessa R-VII School District, seconded by Alderman Cramer. Motion carried 6-0. Bill No. 2023-22 Introduction and 1 st Reading – “Real Estate Purchase Agreement” Mayor Wright read the proposed Ordinance approving the real estate purchase agreement between the City of Odessa, Missouri and Mr. Harley Todd and Mrs. Rheanna Todd and authorizing the Mayor to execute the contract first reading. Motion was made by Alderwoman Starr, to adopt Bill No. 2023-22 upon its first reading and pursue to second reading. Motion seconded by Alderwoman Ehlert, and carried with the following vote. Motion carried 6-0. Bill No. 2023-2 Introduction and 2nd Reading – “Real Estate Purchase Agreement” Mayor Wright read the proposed Ordinance approving the real estate purchase agreement between the City of Odessa, Missouri and Mr. Harley Todd and Mrs. Rheanna Todd and authorizing the Mayor to execute the contract. Motion was made by Alderman Barner, to adopt Bill No. 2023-22 upon its second reading. Motion seconded by Alderman Cramer, and carried with the following vote. Roll call vote as follows: Alderman Cramer yes Alderwoman Ehlert yes Alderman Carey yes Alderwoman Polson yes Alderwoman Starr yes Alderman Barner yes Motion carried 6-0. Bill No. 2023-22 became Ordinance No. 3108 Next Scheduled Meeting: Monday, October 23, 2023, at 7:00 p.m. Adjourn to Closed Session There being no further business to come before the Board of Aldermen in open session, a motion was made by Alderman Barner, seconded by Alderwoman Ehlert, to move the meeting into closed session at 7:26 p.m. pursuant to RSMo 610.021 (1) Legal actions, causes of action, litigation, or confidential attorney/client communications. Roll call vote as follows: Alderman Cramer yes Alderwoman Ehlert yes Alderman Carey yes Alderwoman Polson yes Alderwoman Starr yes Alderman Barner yes Motion carried 6-0. Adjourn There being no further business to come before the Board of Alderman, a motion was made by Alderman Barner, seconded by Alderwoman Ehlert, to adjourn the meeting at 7:53 p.m. Motion carried 6-0. Approved: CITY OF ODESSA _______________________ ________________________________ Stephen L. Wright, Mayor ATTEST _____________________ Karen Findora, City Clerk  Office of Mayor Stephen L. Wright City of Odessa, Missouri Proclamation WHEREAS, there are over 1.2 million Rotary Club members comprised of professional and business leaders in over 35,000 clubs in 200 countries and geographic areas, including more than 30 Rotary clubs in the Kansas City region; and WHEREAS, the Rotary motto “Service Above Self” inspires members to provide humanitarian service, encourage high ethical standards and promote goodwill and peace in the world; and WHEREAS, Rotary in 1985, launched “PolioPlus” and helped to establish the Global Polio Eradication Initiative, which today includes the World Health Organization, U.S. Centers for Disease Control and Prevention, UNICEF and Bill & Melinda Gates Foundation to immunize the children of the world against polio; and WHEREAS, polio cases have dropped by 99.9 percent since 1988 and the world stands on the threshold of eradicating the disease; and WHEREAS, to date, Rotary has contributed more than $2.6 billion and countless volunteer hours to the protection of more than 3 billion children in 122 countries; and WHEREAS, Rotary is working to raise an additional $50 million per year, which would be further leveraged for maximum impact by an additional $100 million annually from the Bill & Melinda Gates Foundation; and WHEREAS, in the spirit of many other governments, caring organizations, and entities around the world, this city should use community awareness means and media, such as outdoor illuminations deploying on October 24, 2023, to highlight the progress toward and importance of eradicating polio. NOW, THEREFORE, I, Stephen L. Wright by virtue of the authority vested in me as Mayor of the City of Odessa, Missouri, do hereby proclaim Tuesday, October 24, 2023, as “WORLD POLIO DAY” IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Odessa, Missouri, to be affixed this 23rd day of October of the year of our Lord two thousand and twenty-three. Signed Mayor Stephen L. Wright ATTEST: Karen Findora, City Clerk  P.O. Box 128 Ÿ 228 S. Second Ÿ Odessa, MO 64076 Phone: (816) 230-5577 Ÿ Fax: (816) 633-4985 Ÿ cityofodessamo.com BOARD OF ALDERMEN ACTION REPORT ISSUE: Construction Contract Agreement for Sewer Extension Project on North Outer Road and Change Order. ACTION REQUESTED: Motion and second to approve Resolution No. 2023-32 authorizing the Mayor to enter into a contract agreement and change order between the City of Odessa and Earthworks Excavation & Associates, LLC. for the construction of a sewer main extension from the Missouri Department of Transportation Highway Maintenance Shed (7353 Outer Rd) to the existing City-owned sewer main. BACKGROUND: The City of Odessa put out a bid on July 6th, 2023 for the construction of a sewer main extension from the Missouri Department of Transportation Highway Maintenance Shed (7353 Outer Rd) to the existing City-owned sewer main. Staff have worked closely with Allstate Consultants to engineer the project, as well as seek a contractor via the City’s sealed bid process. On August 8th, 2023 a pubic bid opening was held at Odessa City Hall to open 10 bids. Earthworks Excavation & Associates’ bid was chosen as the best bid at $102,196. After selection, staff decided it was best to issue a change order in an effort to eliminate the need for additional easements for the project. Earthworks has provided a change order amount totaling $30,475 for the addition of a doghouse main along the North Outer Road. This brings the total project to $132,671. This project was budgeted as a Wastewater Capital Improvement project at $140,000, meaning the project is still under what was originally budgeted. The need for this project originated from a request from the Missouri Department of Transportation’s request to annex within the City limits of Odessa and connect to City sewer. The annexation was recorded on November 30th, 2022 with Lafayette County. Per City Code, a parcel must be annexed in order to connect to City Sewer. FINANCIAL CONSIDERATIONS: This project was budgeted for $140,000 and is expected to cost the City $132,671. ATTACHMENTS: Bid Affidavit; Bid Tabulation; Earthworks Bid; Contract Agreement; Change Order; Resolution No. 2023-32 RECOMMENDED BY: DATE: 10/23/2023 Shawna Davis, City Administrator Odessa, Missouri - Sanitary Sewer System Improvements BID TABULATION Wastewater Collection System Additions August 8, 2023 Project No. 21145.02 Page 1 of 2 Eathworks Excavation & Associates, LLC Rodriguez Mechanical Contractors Inc. Gene Haile Excavating, Inc. Infrastructure Solutions, LLC Redford Construction, Inc. Higginsville, Missouri Kansas City, Kansas California, Missouri Lenexa, Kansas Raymore, Missouri ESTIMATED ITEM DESCRIPTION QUANTITIES UNITS UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST BASE BID I. Base Bid: Sanitary Sewer System Improvements Wastewater Collection Systems Additions 1.00 MobilizationDemobilization 1 L.S. $ 6,978.61 $ 6,978.61 $ 7,000.00 $ 7,000.00 $ 9,985.00 $ 9,985.00 $ 20,450.00 $ 20,450.00 $ 6,000.00 $ 6,000.00 2.00 Insurance and Bonding 1 L.S. $ 1,809.01 $ 1,809.01 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 $ 1,800.00 $ 1,800.00 $ 2,100.00 $ 2,100.00 3.00 4' Diameter Standard Manholes 6 EA. $ 6,783.80 $ 40,702.80 $ 4,700.00 $ 28,200.00 $ 5,605.00 $ 33,630.00 $ 7,230.00 $ 43,380.00 $ 6,000.00 $ 36,000.00 4.00 Traffic Control and Signage 1 L.S. $ 627.69 $ 627.69 $ 900.00 $ 900.00 $ 2,500.00 $ 2,500.00 $ 4,000.00 $ 4,000.00 $ 5,000.00 $ 5,000.00 5.00 8" PVC w/Granular Embedment with Soil Backfill 990 L.F. $ 41.19 $ 40,778.10 $ 85.00 $ 84,150.00 $ 75.00 $ 74,250.00 $ 63.00 $ 62,370.00 $ 95.00 $ 94,050.00 6.00 System Connection 1 EA. $ 3,724.98 $ 3,724.98 $ 4,500.00 $ 4,500.00 $ 2,500.00 $ 2,500.00 $ 6,300.00 $ 6,300.00 $ 1,500.00 $ 1,500.00 7.00 Final Grading, Seeding, Fertilizer, and Mulch 1 L.S. $ 4,667.35 $ 4,667.35 $ 2,000.00 $ 2,000.00 $ 9,150.00 $ 9,150.00 $ 5,000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 8.00 Other Surface Repairs 1 L.S. $ 2,907.46 $ 2,907.46 $ 4,000.00 $ 4,000.00 $ 2,750.00 $ 2,750.00 $ 2,500.00 $ 2,500.00 $ 1,000.00 $ 1,000.00 TOTAL BASE BID: $ 102,196.00 $ 134,250.00 $ 139,765.00 $ 145,800.00 $ 149,650.00 * Irregularity in Bid Proposal Odessa, Missouri - Sanitary Sewer System Improvements BID TABULATION Wastewater Collection System Additions August 8, 2023 Project No. 21145.02 Page 2 of 2 SHEDIGS IT LLC Legacy Underground Construction, Inc. KAT Excavation, Inc. Triple C Underground TC Fuller Construction LLC Blue Springs, Missouri Harrisonville, Missouri Bates City, Missouri Odessa, Missouri Garden City, Missouri ESTIMATED ITEM DESCRIPTION QUANTITIES UNITS UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST BASE BID I. Base Bid: Sanitary Sewer System Improvements Wastewater Collection Systems Additions 1.00 MobilizationDemobilization 1 L.S. $ 15,250.00 $ 15,250.00 $ 8,800.00 $ 8,800.00 $ 24,800.00 $ 24,800.00 $ 4,000.00 $ 4,000.00 $ 14,081.00 $ 14,081.00 2.00 Insurance and Bonding 1 L.S. $ 4,000.00 $ 4,000.00 $ 7,320.00 $ 7,320.00 $ 3,800.00 $ 3,800.00 $ 2,800.00 $ 2,800.00 $ 63,953.00 $ 63,953.00 3.00 4' Diameter Standard Manholes 6 EA. $ 6,875.00 $ 41,250.00 $ 4,500.00 $ 27,000.00 $ 5,500.00 $ 33,000.00 $ 6,400.00 $ 38,400.00 $ 13,879.00 $ 83,274.00 4.00 Traffic Control and Signage 1 L.S. $ 8,125.00 $ 8,125.00 $ 3,500.00 $ 3,500.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 18,775.00 $ 18,775.00 5.00 8" PVC w/Granular Embedment with Soil Backfill 990 L.F. $ 79.50 $ 78,705.00 $ 118.00 $ 116,820.00 $ 147.00 $ 145,530.00 $ 187.00 $ 185,130.00 $ 215.00 $ 212,850.00 6.00 System Connection 1 EA. $ 3,375.00 $ 3,375.00 $ 2,500.00 $ 2,500.00 $ 1,700.00 $ 1,700.00 $ 8,000.00 $ 8,000.00 $ 16,007.00 $ 16,007.00 7.00 Final Grading, Seeding, Fertilizer, and Mulch 1 L.S. $ 11,755.00 $ 11,755.00 $ 8,100.00 $ 8,100.00 $ 6,100.00 $ 6,100.00 $ 14,000.00 $ 14,000.00 $ 56,116.00 $ 56,116.00 8.00 Other Surface Repairs 1 L.S. $ 6,563.00 $ 6,563.00 $ 2,300.00 $ 2,300.00 $ 8,400.00 $ 8,400.00 $ 2,000.00 $ 2,000.00 $ 35,523.00 $ 35,523.00 TOTAL BASE BID: $ 169,023.00 $ 176,340.00 $ 224,330.00 $ 255,330.00 $ 500,579.00 * Irregularity in Bid Proposal  CONTRACT AGREEMENT THIS AGREEMENT, made this day of , 2023, by and between City of Odessa, Missouri, hereinafter called “Owner” and Earthworks Excavation & Associates, LLC, hereinafter called “Contractor” organized and existing under the laws of the State of Missouri doing business as ( )Individual ( )Corporation ( )Partnership ( )Joint Venture (X)Limited Liability Company (indicate as applicable). WITNESSETH: That for and in consideration of the payments and agreements herein after mentioned: 1. The Contractor will commence and complete the construction of: Sanitary Sewer System Improvements – Wastewater Collection System Additions 2. The Contractor will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the project described herein. 3. The Contractor will commence the work required by the Contract Documents within 15 calendar days after the date of the Notice to Proceed. The Work shall be substantially completed within 90 calendar days and completed and ready for final payment within 150 calendar days after the Notice to Proceed, unless the period for completion is extended otherwise by the Contract Documents. 4. Owner and Contractor recognize that time is of the essence and that the Owner will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay Owner Three Hundred Dollars ($300) for each day that expires after the time specified above in Paragraph 3 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner Three Hundred ($300) for each day that expires after the time specified for completion and readiness for final payment. Contract Documents Page 1 of 15 5. The Contractor agrees to perform all of the work described in the Contract Documents and comply with the terms therein for the sum of (in words and figures): One Hundred Two Thousand One Hundred Ninety-Six Dollars $ 102,196.00 6. The term “Contract Documents” means and includes the following: Advertisement for Bids; Information to Bidders (Bid & Bid Bond); Contract Agreement; General Conditions; Payment Bond; Performance Bond; Notice of Award; Notice to Proceed; Change Order; Prevailing Wage Determination, All Certifications and Affidavits; Drawings prepared by Allstate Consultants LLC , dated October 2021 ; and Specifications prepared by Allstate Consultants LLC , dated March 2022 and Addenda th No. 1 Dated July 28 , 2023 No. Dated , 2023 7. The Owner will pay to the Contractor in the manner and at such times as forth in the General Conditions such amounts as required by the Contract Documents. 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Contract Documents Page 2 of 15 IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in 4 copies each of which shall be deemed an original on the date first above written. OWNER: City of Odessa, Missouri (SEAL) Signature ATTEST: Print Name Print Name Title Title CONTRACTOR: Earthworks Excavation & Associates, LLC (SEAL) Signature ATTEST: Print Name Print Name Title Title Address: 19495 Bell Road Higginsville, Missouri 64037 Employer Identification Number Contract Documents Page 3 of 15  PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that: (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Individual, Corporation, Partnership, Joint Venture) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Odessa, Missouri (Name of Owner) 228 South 2nd Street, Odessa, Missouri 64076 (Address of Owner) hereinafter called Owner, in the total aggregate penal sum of: Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the day of , 2023, a copy of which is hereto attached and made a part hereof, for the construction of: Project Title: Sanitary Sewer System Improvements – Wastewater Collection System Additions NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and during the two-year correction period, and if the Principal shall satisfy all claims and demands incurred under such Contract and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. Contract Documents Page 4 of 15 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees, that no change, extension of time, alteration, or addition to the terms of the Contract or the work to be performed thereunder, or the Specifications and Drawings accompanying same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications and Drawings. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments thereto, upon amendment to the Contract not increasing the Contract Price more than twenty (20) percent, so as to bind the Principal and the Surety to the full and faithful performance of the Contract so amended. The term "Amendment", wherever used in the Bond, and whether referring to this Bond, the Contract, or the Loan Documents, shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the Owner and the Principal, shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The Owner is the only beneficiary hereunder. Contract Documents Page 5 of 15 IN WITNESS WHEREOF, the instrument is executed in 4 counterparts, each of which shall be deemed an original, this the day of , 2023. ATTEST: Principal (Principal) Secretary (SEAL) By (Witness as to Principal) (Address) (Address) (Surety) ATTEST: By Witness to Surety Attorney-in-Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Contract Documents Page 6 of 15  PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that: (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Individual, Corporation, Partnership, Joint Venture) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Odessa, Missouri (Name of Owner) 228 South 2nd Street, Odessa, Missouri 64076 (Address of Owner) hereinafter called Owner and unto all persons, firms, and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the day of , 2023, a copy of which is hereto attached and made a part hereof, for the construction of: Project Title: Sanitary Sewer System Improvements – Wastewater Collection System Additions NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, whether by subcontractor or otherwise, at not less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed and not less than the prevailing hourly rate of wages for legal holiday and overtime work (exclusive of maintenance work) in the locality in which the work is performed both as determined by the Department of Labor and Industrial Relations or determined by the Courts of Contract Documents Page 7 of 15 Appeal, and any authorized extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and for all labor cost incurred in such work including that by a Subcontractor, and to any mechanic or materialman lienholder whether it acquires its lien by operation of State or Federal law; then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that beneficiaries or claimants hereunder shall be limited to the Subcontractors, and persons, firms, and corporations having a direct contract with the Principal or its Subcontractors. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the Specifications. PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner or the Surety above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner, or Surety, at any place where an office is regularly maintained for the transaction of business or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date of which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in the Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that this Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the Principal and the Surety to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this Bond and whether referring to this Bond, the contract or the loan Documents shall include any alteration, addition, extension or modification of any character whatsoever. Contract Documents Page 8 of 15 PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, the instrument is executed in 4 counterparts, each of which shall be deemed an original, this the day of , 20 . ATTEST: Principal (Principal) Secretary (SEAL) By (Witness as to Principal) (Address) (Address) (Surety) ATTEST: By Witness to Surety Attorney-in-Fact (Address) (Address) NOTE: Date of BOND must not be prior to date of CONTRACT. If CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Contract Documents Page 9 of 15  CERTIFICATE OF OWNER’S ATTORNEY PROJECT: Sanitary Sewer System Improvements – Wastewater Collection System Additions I, the undersigned, , the duly authorized and acting legal representative of: City of Odessa, Missouri , do hereby certify as follows: I have examined the foregoing contract(s) of: Earthworks Excavation & Associates, LLC (Contractor) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements have been duly executed by the Owner acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. In addition, I have examined the Certificate of Insurance for amounts and coverages per the requirements of the General Conditions/Supplemental General Conditions of the Contract Documents and find that adequate insurance is in full force and effect. (Project Attorney) (Date) (Address) Contract Documents Page 10 of 15  NOTICE OF AWARD TO: PROJECT: Sanitary Sewer System Improvements – Wastewater Collection System Additions The Owner has considered your Bid submitted by you for the above described work in response to its Notice for Bids dated , 2023 and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of $ . You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor’s Performance Bond, Payment Bond, and Certificates of Insurance within fifteen (15) calendar days from the date of this Notice, or unless otherwise notified. If you fail to execute said Agreement and to furnish said Bonds, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid abandoned and as a forfeiture of Bid. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. OWNER: City of Odessa Signature: 228 South 2nd Street Odessa, Missouri 64076 Print Name: Title: Date: ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged. CONTRACTOR By: Print Name: Title: Date: Employer Identification Number Contract Documents Page 11 of 15  NOTICE TO PROCEED TO: Earthworks Excavation & Associates, LLC 19495 Bell Road Higginsville, Missouri 64037 PROJECT: Sanitary Sewer System Improvements – Wastewater Collection System Additions You are hereby notified to commence work in accordance with the Agreement dated , on or before , and you are to substantially complete the work by and fully complete the work on or before . Contractor shall pay Owner Three Hundred Dollars ($ 300.00) for each day that expires after date for Substantial Completion until the Work is Substantially Complete. If you fail to fully complete the work, the Owner will be entitled to assess liquidated damages the sum of Three Hundred Dollars ($ 300.00) for each consecutive calendar day thereafter the indicated date of completion. You are required to return an acknowledged copy of this Notice to Proceed to the Owner. OWNER: City of Odessa Signature: 228 South 2nd Street Odessa, Missouri 64076 Print Name: Title: Date: ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged. CONTRACTOR: By: Earthworks Excavation & Associates, LLC 19495 Bell Road Print Name: Higginsville, Missouri 64037 Title: Date: Employer Identification Number Contract Documents Page 12 of 15  AFFIDAVIT-COMPLIANCE WITH THE PREVAILING WAGE LAW PROJECT: Sanitary Sewer System Improvements – Wastewater Collection System Additions The Affidavit-Compliance with the Prevailing Wage Law shall be submitted with the request for final payment. Before me, the undersigned Notary Public, in and for the County of State of Missouri, personally came and appeared of the (Name and Title) (Company Name) (a corporation) (a partnership) (a proprietorship), and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290 Sections 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Wage Determination No._____________ or Annual Wage No. issued by the Division of Labor Standards on project (Name), (Job Number), County, Missouri and completed on the day of 20 . Signature Subscribed and sworn to me this day of , 20 . My commission expires , 20 . (SEAL) Notary Public Contract Documents Page 13 of 15  PARTIAL PAYMENT ESTIMATE NO. _____ Project: Sanitary Sewer System Improvements Sheet of Wastewater Collection System Additions Contract Days Days Used Days Remaining Contract $ Completion Date Total Change Orders $ % Complete New Contract Amount$ From 20 to 20 of County (Owner) State of Missouri (Contractor) Address Application is made for Payment, as shown below, in connection with the Contract. Attach breakdown sheet if necessary. Original Contract Sum $ Net Change By Change Orders $ Contract Sum to Date $ Total Value of Completed Work & Material on Hand $ Less 5% Retained $ TOTAL AMOUNT DUE TO DATE $ LESS PREVIOUS PAYMENT $ NET AMOUNT DUE $ I hereby certify that the degree of completion of work, as represented by this partial payment estimate, was performed in compliance with the Contract Documents. CONTRACTOR (Submitted): Date: I, the Consultant, hereby certify that I or a delegated representative, based on on-site observation, and to the best of my knowledge, the degree of completion of the work, as represented by this partial payment estimate, conforms to the Drawings and Specifications. CONSULTANT (Approved): Date: OWNER (Authorized Payment): Date: Contract Documents Page 14 of 15 (Insert Contract Change Order) Contract Documents Page 15 of 15  RESOLUTION 2023-32 RESOLUTION OF THE CITY OF ODESSA, MISSOURI, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AGREEMENT AND CHANGE ORDER WITH EARTHWORKS EXCAVATION & ASSOCIATES, LLC, FOR SANITARY SEWER SYSTEM IMPROVEMENTS WASTEWATER COLLECTION SYSTEM ADDITIONS WHEREAS, the City of Odessa, Missouri put out a bid on July 6, 2023, for sanitary sewer system improvements for the construction of a sewer main extension from the Missouri Department of Transportation Highway Maintenance Shed to the existing City-owned sewer main; and WHEREAS, the City of Odessa received ten (10) sealed bids, with Earthworks Excavation & Associates, LLC, chosen as the best bid at the sum of One Hundred Two Thousand One Hundred Ninety-Six Dollars ($102,196.00).; and WHEREAS, a change order has been put in place in an effort to eliminate the need for additional easements for the project at the sum of Thirty Thousand, Four Hundred Seventy-Five Dollars ($30,475) for the addition of a doghouse main along the North Outer Road; and WHEREAS, this brings the total project amount to One Hundred Thirty-Two Thousand Six Hundred Seventy One Dollars ($132,671.00). 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 a contract agreement for sanitary sewer system improvements and wastewater collection system additions with Earthworks Excavation & Associates, LLC. . APPROVED AND PASSED by the Board of Aldermen of the City of Odessa, Missouri, this 23rd day of October 2023. (SEAL) By: ______________________________ Stephen L. Wright, Mayor ATTEST: By: ____________________________________ Karen Findora, City Clerk  P.O. Box 128 Ÿ 228 S. Second Ÿ Odessa, MO 64076 Phone: (816) 230-5577 Ÿ Fax: (816) 633-4985 Ÿ cityofodessamo.com BOARD OF ALDERMEN ACTION REPORT ISSUE: Allowing Mobile Food Vendors to operate in Odessa, MO. ACTION REQUESTED: 1st & 2nd Reading of Bill No. 2023-23 amending Chapter 12, Business, Article I. In General Section 12-1 Definitions and Chapter 12 Businesses, Articles II. Licenses, Division 3 – Mobile Food Vendors Section 12-76 – 12-80 of the Code of Ordinance of the City of Odessa, Missouri relating to Mobile Food Vendors. BACKGROUND: On October 9th, 2023 the Board of Aldermen was presented with a Special Event Permit from a local Mobile Food Vendor. The Board of Aldermen instructed staff to draft a Mobile Food Vendor Ordinance that would allow Mobile Food Vendors to operate within Odessa City Limits and at Railroad Park without the need for a Special Event Permit or Board Approval per event. Staff has drafted an ordinance that outlines regulations for Mobile Food Vendors and dictates where and when Mobile Food Vendors are able to operate. FINANCIAL CONSIDERATIONS: The Mobile Food Vendor Business License fee has not changed from the amount prior of $25.00/year/unit. ATTACHMENTS: Bill No. 2023-23 Ord. 3109 RECOMMENDED BY: DATE: 10/23/2023 Shawna Davis, City Administrator BILL NUMBER: 2023-23 ORDINANCE NUMBER: ____ AN ORDINANCE AMENDING CHAPTER 12, BUSINESS, ARTICLE I. IN GENERAL SECTION 12-1 DEFINITIONS AND CHAPTER 12 BUSINESSES, ARTICLE II. LICENSES, DIVISION 3 – MOBILE FOOD VENDORS SECTION 12-76 – 12-80 OF THE CODE OF ORDINANCES OF THE CITY OF ODESSA, MISSOURI, RELATING TO MOBILE FOOD VENDORS NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI AS FOLLOWS: WHEREAS, the City of Odessa, Missouri Code of Ordinances was recodified in April 2021; and WHEREAS, from time to time, the Code of Ordinances may be amended, supplemented, modified, or repealed by the Board of Aldermen; and WHEREAS, after staff review of Chapter 12 Business, it was determined the Chapter required necessary updates to reflect appropriate regulations on mobile food vending; and WHEREAS, it is desirous to the City to encourage mobile food vendors within its limits; and WHEREAS, Chapter 12, Business – Mobile Food Vendors has been added to reflect changes associated with adding mobile vending to Chapter 12; and WHEREAS, Appendix A – Schedule of Fees and Charges has been amended to reflect changes associated with adding mobile vending to Chapter 12; and WHEREAS, the Board of Aldermen is authorized by 79.110, RSMo. to enact any and all ordinances that are not repugnant to the Missouri Constitution and Missouri law and that are deemed expedient for the good government of the City, the preservation of peace and good order, the benefit of trade, commerce, and the health of the inhabitants of Odessa; and WHEREAS, the Board of Aldermen believes the amendments and updates to Chapter 12 and Appendix A are in the best interest of the citizens of the City of Odessa. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. Chapter 12 Businesses, Article 1. In General, Section 12-1. Definitions. shall be amended to include the following Definitions: Food shall mean any edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part of human consumption. Mobile Food Vending shall mean, including but not limited to, the direct sale of food and other retail goods to a customer from a mobile unit. Mobile Food Vendor shall mean, including but not limited to, any person, corporation, association, or other entity, however, organized, that uses a mobile unit to offer direct sale of foods and other retail goods to a customer from a mobile unit. Mobile Food Unit shall mean any non-permanent structure that is a self-contained vehicle, trailer, cart, manually propelled pushcart or other type of conveyance form in which food and goods are offered for sale. Mobile units typically stand stationary in the same place for more than ten (10) minutes at a time. City-Sponsored Event shall mean any community event taking place on city or park property that is hosted, organized, or sponsored, at least in part, by the City. SECTION 2. Chapter 12 Businesses, Article II. Licenses, Division 3 - Mobile Food Vendors Sec. 12-76 - 12-80 shall be created and shall read as follows: Sec. 12-76 License Required It shall be unlawful for any Mobile Food Vendor to conduct any business or nonprofit enterprise or operate a mobile unit within the City limits without first obtaining a City business license and paying the license fee in the amount provided in the schedule of fees and charges. License fees paid, and licenses obtained pursuant to this article shall be in addition to any other fees or permits required pursuant to this Code or any other ordinances of this City. Sec 12-77 Mobile Food Vendor Business License Requirements An applicant for a mobile vendor business license shall submit a completed business license application to the City Clerk accompanied by the license fee in the amount provided in the schedule of fees and charges. The license shall be effective upon approval and expire on June 30th of each year. Mobile vendor business licenses are nontransferable. Each unit operating in the City is required to obtain its own business license. City business licenses must be conspicuously displayed in the mobile unit while it is operating within the City limits. Mobile units shall comply with all required State Federal, and City laws, including, without limitation, building and fire codes related to their equipment and operations, and shall obtain applicable Lafayette County health permits and any other City-required inspections and/or permits before beginning operations. Failure to do so may result in suspension or revocation of the business license. Sec. 12-78 Mobile Food Vendor Operating Regulations A. Mobile Food Units may operate in the public right-of-way open to traffic or parking, but only from a parked location where a motor vehicle is authorized to park by law, signage, or permit. The location must not block fire hydrants, fire lanes, or fire department connections. B. The Mobile Food Unit must be wholly contained within designated on-street or off-street parking spaces. The Mobile Food Unit may not utilize more than one parking space at one time. Parking in handicap-accessible parking spaces or permit-required parking spaces is prohibited. C. Mobile food vending may only occur with the serving side of the Mobile Food Unit horizontally facing the sidewalk and away from the street when in the public right- of-way, except as part of a City-sponsored event where such activity may be allowed. D. Mobile Food Units may not park on the sidewalk. E. Mobile food operations, including but not limited customer queues, designated spaces for eating, and the size of the Mobile Food Unit, shall not impede or hinder vehicular or pedestrian traffic or impede the sight triangle. F. If directed by a police officer or other authorized City personnel, operations may be suspended and a Mobile Food Unit may be ordered to move to avoid congestion or impeding traffic. G. Mobile vendors may only park their Mobile Food Units on improved surfaces, except as part of a City-sponsored event where such activity may be allowed. H. Mobile Food Units may not be left unattended in a public right-of-way nor parked overnight in a public right-of-way, except as part of a City-sponsored event where such activity may be allowed. I. No Mobile Food Vendor shall have any exclusive or perpetual right to any location in the City. J. Mobile Food Vendors may not operate on private property without the expressed written consent of the private property owner. Such written consent shall be exhibited upon request. Mobile Food Vendors may not operate on City Park property, with the exception of Railroad Park, without the expressed written consent of the Park Director or his/her designee. Such written consent shall be exhibited upon request. K. At Railroad Park, a maximum of four (4) licensed Mobile Food Vendors are allowed to operate between 6 a.m. and 9 p.m. The operating slots will be on a first-come, first-serve basis. It is prohibited for any Mobile Food Vendor to operate when a Board-approved Special Event Permit has been issued unless the Special Event Permit Applicant has provided written consent. L. The use of outdoor lighting is prohibited, except for adequate lighting around the Mobile Food Unit to ensure customer safety and for the lighting of a menu attached to or next to the side of the mobile unit. M. Mobile Food Vendors shall comply with all City ordinances regulating signage. N. Mobile Food Vendors shall comply with all City ordinances regulating noise. O. Mobile Food Vendors shall operate all aspects of the business (cooking, sales, storage, etc.) within the Mobile Food Unit. P. A refuse container must be provided by the vendor for use by customers when food is sold. The container shall be sufficient size and placed close to the Mobile  Food Unit and not impede vehicular or pedestrian traffic. Prior to leaving a location, the Mobile Food Vendor shall pick up and properly dispose of any trash or litter within twenty (20) feet of the location. Refuse containers and their contents shall be removed from the location by the Vendor. Contents shall not be deposited in public trash containers on City property. Q. Mobile Food Vendors shall supply, at the Vendor's expense, all equipment necessary to conduct the business. Any power required for the Mobile Food Unit shall be self-contained and will not draw its power from the public right-of-way. No power cable or equipment shall be extended at grade unless covered to prevent tripping hazards. No power cable or equipment shall be extended overhead across any public street, alley, or sidewalk. R. Mobile Food Units may operate in the City seven (7) days a week between the hours of 6 a.m. and 9 p.m. Approval by the Board of Alderman is required for Mobile Food Units operated outside of 6 a.m. and 9 p.m., except as part of a City- sponsored event. S. Mobile Food Vendors may not park directly in front of a business without express written permission from the business. Mobile vendors selling food or drink may not park within fifty (50) feet of the main entrance of a restaurant during the hours in which food or drink is sold within such restaurant without express written permission from the restaurant. All measurements shall be made from the closest point on a mobile food unit to the main entrance of the restaurant. T. It shall be unlawful for Mobile Food Units to sell any alcoholic drinks or food without obtaining proper State, County and City permits. Sec. 12-79 Mobile Unit Standards All Mobile Food Units shall be maintained in good, operable condition and shall, at all times, be capable of being moved, except for the hours that the Mobile Food Unit is engaging in preparing and selling food. The exterior of all Mobile Food Units shall be maintained in good repair, shall be sound, shall be free from peeling paint, and shall be clean and sanitary so as not to pose a threat to public health, safety, and welfare of the City and customers. All mobile units shall have operable fire suppression equipment or devices as required by local, state, or federal law. Sec. 12-80 Other ordinances applicable All Mobile Food Unit business licenses are subject to all City ordinances, including procedures for obtaining, suspending, and revoking business licenses as provided in Chapter 12, Article II. SECTION 3. Appendix A – See City Fee Schedule for license fee amount. SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage and approval and shall remain in effect until amended or repealed by the Board of Aldermen. SECTION 5. That all ordinances or parts of ordinances in conflict with the provisions hereof are hereby repealed. READ TWICE and passed by the Board of Aldermen of the City of Odessa, Missouri, and approved by the Mayor of Odessa this 23rd day of October 2023. _____________________________________ Stephen L. Wright, Mayor (SEAL) ATTEST: APPROVED: ______________________________ ___________________________________ Karen Findora, City Clerk Stephen L. Wright, Mayor