Board of Aldermen Regular Session

1 BOARD OF ALDERMAN REGULAR AGENDA Monday, September 23, 2024 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 Bryan Barner PLEDGE OF ALLEGIANCE Mayor Bryan Barner ROLL CALL City Clerk Karen Findora WELCOME TO VISITORS Mayor Bryan Barner CONSENT AGENDA Approval of Minutes All matters under the Consent Agenda, are ● September 9, 2024 – 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 REPORT ALDERMEN REPORT CITY ADMINISTRATOR REPORT Page 1 of 32 2 PUBLIC HEARING Public comments will be heard on the amended levying of general ad valorem property taxes for General and Park for the City of Odessa. PUBLIC COMMENTS OLD BUSINESS NEW BUSINESS Staff Introduction Charles “Butch” Whittick, Electric Dept. Aiden Wilde, Electric Dept. Staff Recognition Aiden Wilde, MPUA Lineworker Rodeo 2024 Karen Findora, MML Missouri Governance Institute “Certified Municipal Official” Bill No. 2024-18 Introduction and reading of proposed ordinance Repealing Ord. 1st Reading & 2nd Reading No. 3128 setting the tax levy for the year 2024 for the City of Repeal Ord. No. 3128 Setting Tax Levy for Odessa, Missouri and designating the amount to be used for Year 2024 general and park proposes. Amy Finch, Finance Director Bill No. 2024-19 Introduction and reading of proposed ordinance setting the 1st Reading & 2nd Reading Amended tax levy for the year 2024 for the City of Odessa, Set Amended Tax Levy for Year 2024 Missouri and designating the amount to be used for general and park proposes. Amy Finch, Finance Director Bill No. 2024-20 Introduction and reading of proposed ordinance amending 1st Reading & 2nd Reading chapter 2, article II. Mayor and Board of Aldermen, Division 2. Amending Ch. 2, Article II. Mayor and Board Meetings, sec. 2-59 of the Code of Ordinance of the City of of Aldermen, Div. 2, Meetings, Sec. 2-59 Odessa. Karen Findora, City Clerk Page 2 of 32 3 Resolution No. 2024-23 Proposed Resolution authorizing the Mayor to enter into an ZMDR, LLC Agreement agreement between the City of Odessa and ZMDR, LLC for bulk waste delivery. Shawna Davis, City Administrator Next Scheduled Meeting Monday, October 14, 2024 at 7:00 p.m. Regular Session Adjourn 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 Up-Coming Meetings / Events: October 8 @ 9:30 a.m. – Municipal Court @ Community Bldg. – CANCELED October 14 @ 7:00 p.m. – Board of Alderman @ Community Bldg. October 16 @ 7:00 p.m. – Parks Board @ Community Bldg. October 17 @ 7:00 p.m. – Planning Commission @ Community Bldg. Other Events: October 10 @ 5:00 pm – 8:00 pm – Ghouly Girls Night Out @ Downtown Odessa November 8-9 – Holiday Open House @ Downtown Odessa November 30 @ 10:00 am – 5:00 pm – Shop Small Saturday @ Downtown Odessa December 14 @ 10:00 am – 5:00 pm – Jingle Bell Walk @ Downtown Odessa For more information, please visit the City of Odessa website. ELECTED OFFICIALS Mayor Bryan Barner bryan.barner@cityofodessamo.com (816) 985-0361 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 Mike Plachte mike.plachte@cityofodessamo.com (816) 263-9997 Ward 3 Alderman Bob Carey bob.carey@cityofodessamo.com (805) 320-4877 Ward 3 Alderman Collin Carrigan collin.carrigan@cityofodessamo.com (801) 829-8482 Posted September 20, 2024 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 Page 3 of 32 4 City of Odessa, Missouri Board of Aldermen Odessa Community Building | 601 W. Main Street Regular Meeting ~ September 9, 2024 | 7:00 p.m. Meeting Minutes CALL TO ORDER / PLEDGE OF ALLEGIANCE Mayor Bryan Barner 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 Bryan Barner Present Alderman Bob Carey Present Alderwoman Karla Polson Present Alderwoman Donna Ehlert Present Alderman Mike Plachte Present Alderwoman Mickey Starr Present Alderman Collin Carrigan Present OTHERS IN ATTENDANCE Shawna Davis, City Administrator Karen Findora, City Clerk Amy Finch, Finance Director Darrin Lamb, Streets/Water, Absent Josh Thompson, Police Chief Troy Woutzke, Electric Joe Lauber, Lauber Municipal Law, LLC Kenny Snider, Wastewater PUBLIC IN ATTENDANCE Hannah Spaar, The Odessan Bob & Sue Willard Sara Hawthorne Beth Fox Steve Wright Marlon Dyer Mike & Michelle Williams Angie Meads Chris Reynolds Brian Corn Mike Barker APPROVAL OF CONSENT AGENDA Approval of minutes and consent agenda. ● August 12 & 26, 2024 – Regular Session Alderwoman Ehlert moved to approve the consent agenda and the meeting minutes for August 12 & 26, 2024, seconded by Alderman Carey. Motion carried 6-0 MAYOR REPORT Mayor Barner stated that he attended the Universal Auto ribbon cutting event. Page 4 of 32 5 PROCLAMATION Mayor Barner read a Proclamation proclaiming September 17 through 23, 2024 as Constitution Week. ALDERMEN REPORTS ● Alderman Plachte thanked the writer who sent in a letter to the opinion section of The Odessan. ● Alderman Carrigan announced that the next Ward 3 committee meeting will take place this Wednesday, September 11th at 7:00 p.m. at the Dyer Park Community Bldg. ● Alderwoman Polson – No Rpt. ● Alderwoman Ehlert – No Rpt. ● Alderwoman Starr announced the Odessa Outreach will host a Fall Bingo event at the Dyer Park Community Bldg. on Saturday, September 21st. More information can be found by visiting the city's website. ● Alderman Carey stated that he has been approached by several Ward 3 residents that are interested in participating in the upcoming Public Safety Focus Group. CITY ADMINISTRATOR REPORT Shawna Davis, the City Administrator, provided a brief update on city events. (visit the city website to hear update.) PUBLIC COMMENTS Sara Hawthorne addressed Resolution No. 2024-23, the "ZMDR, LLC Agreement" during the meeting. OLD BUSINESS None NEW BUSINESS Special Event Permit – “Brian Corn – Personal Event” Brian Corn, a resident requested the street closure of Opera House Lane from Broken Dollar Court to Herford Court for a private party. The party is to take place on September 21st from 5:00 p.m. – 10:00 p.m. Alderman Carrigan moved to approve the special event permit for Brian Corn’s personal event without street closure, seconded by Alderman Plachte. Motion carried 6-0 Staff Introduction – “School Resource Officer, Samantha Bell & Therapy K9, Radar” Officer Samantha Bell introduced the newest member of the City of Odessa, Therapy K9 Radar. She gave a brief background on Radar and thanked all those who donated to help bring Radar to his new home in Odessa. Presentation – “Public Safety Focus Group” Chief Josh Thompson gave a brief presentation on the upcoming Public Safety Focus Group. He went on to provide upcoming calendar of events that will take place. Page 5 of 32 6 Resolution No. 2024-23 “ZMDR, LLC Agreement” Mayor Barner read the proposed Resolution authorizing the Mayor to enter into an agreement between the City of Odessa and ZMDR, LLC for bulk waste delivery. Motion was made by Alderman Carrigan, to approve Resolution No. 2024-23, second by Alderwoman Ehlert, and carried with the following vote. The board discussed the agreement in detail which can be viewed by visiting our city website. Motion was made by Alderman Carrigan to amend the first motion to postpone consideration this evening to allow staff to acquire more information on seeking a different route, seconded by Alderwoman Ehlert. Amended motion was made by Alderman Carrigan to postpone to the next board meeting, seconded by Alderwoman Ehlert. Motion carried 6-0 Next Regular Scheduled Meeting: Monday, September 23, 2024, at 7:00 p.m. Regular Session Adjourn There being no further business to come before the Board of Alderman, a motion was made by Alderwoman Polson, seconded by Alderman Starr, to adjourn the meeting at 8:31 p.m. Motion carried 6-0. Approved: CITY OF ODESSA _______________________ ________________________________ Bryan D. Barner, Mayor ATTEST _____________________ Karen Findora, City Clerk Page 6 of 32 7 NOTICE OF PUBLIC HEARING City of Odessa, Missouri A public hearing will be held at 7:00 p.m., September 23, 2024, at the Dyer Park Community Building, located at 601 W Main Street, Odessa, Missouri 64076, at which time citizens may be heard on the Amended property tax rates proposed to be set by the City of Odessa, a political subdivision. The Amended tax rates are set to produce the revenues which the budget for the fiscal year beginning April 1, 2024, shows to be required from the property tax. Each tax rate is determined by dividing the amount of revenue needed by the current assessed valuation. The result is multiplied by 100 so the tax rate will be expressed in cents per $100 valuation. Assessed Valuation Prior Tax Year Current Tax Year (by categories) 2023 2024 Real Estate $50,659,260.00 $51,515,348.00 Personal Property $14,408,451.00 $14,636,456.00 Railroad & Utilities State $707,895.00 $647,213.00 Local $17,460.00 $2,111.00 TOTAL $65,793,066.00 $66,801,128.00 2024 AMENDED TAX LEVY INFORMATION . Amount Generated Levy GENERAL FUND $378,629.00 $0.5668 PARK FUND $99,934.00 0.1496 $478,563.00 $0.7164 CITY OF ODESSA Mayor and Board of Aldermen Submitted by: Karen Findora, City Clerk Published in The Odessan, Odessa, MO., September 19, 2024 Posted at City Hall, City of Odessa Website on September 12, 2024 Page 7 of 32 8 BILL NUMBER: 2024-18 ORDINANCE NUMBER: 0000 AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI REPEALING ORDINANCE NUMBER 3128 THAT APPROVED THE TAX LEVY FOR THE YEAR 2024 FOR THE CITY OF ODESSA, MISSOURI AND DESIGNATING THE AMOUNT TO BE USED FOR GENERAL AND PARK PURPOSES NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI AS FOLLOWS: Section 1. That Ordinance Number 3128 - Tax Levy for the Year 2024 is hereby repealed. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. The City Clerk is authorized by this Ordinance to correct any scrivener’s errors identified within this Ordinance. Section 4. This ordinance shall be in full force and effect from and after its passage. 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 September, 2024. (SEAL) ______________________________________ Bryan D. Barner, Mayor ATTEST: APPROVED: ______________________________________ ______________________________________ Karen Findora, City Clerk Bryan D. Barner, Mayor Page 8 of 32 9 CERTIFICATION STATE OF: MISSOURI COUNTY OF: LAYFAYETTE I, Karen Findora, City Clerk, do hereby certify that I have been duly appointed City Clerk of the City of Odessa, and that the foregoing ordinance was introduced for first and second reading at a meeting of the Board of Alderman held on the 23rd day of September, 2024, and adopted the repeal of Bill No. 2024-18 Ordinance No. 3130 of the City of Odessa, Missouri, by the following vote, to-wit: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Odessa, at my office this 23rd day of September, 2024. (SEAL) ___________________ Karen Findora, City Clerk City of Odessa, Missouri Page 9 of 32 10 BOARD OF ALDERMEN ACTION REPORT ISSUE: Set Tax Levy for Year 2024 ACTION REQUESTED: Motion/Second to approve Bill No. 2024-19 setting the tax levy for the year 2024. BACKGROUND: In accordance with RSMo. Section 67.110 1. Each political subdivision in the state shall fix its ad valorem property tax rates as provided in this section no later than September 1st for entry in the tax books. 2. The governing body shall hold at least one public hearing on the proposed rates of taxes at which citizens shall be heard prior to their approval. A Public Hearing was held during the Monday, September 23, 2024 Board of Aldermen meeting. The proposed Ordinance sets the tax levy for the year 2024 for the City of Odessa, Missouri and designates the amount to use for general and park purposes. The proposed tax levy for year 2024 is as follows: General - $0.5668 on a $100 valuation on real and personal property. Park - $0.1496 on a $100 valuation on real and personal property. Total - $0.7164 on a $100 valuation on real and personal property. The above numbers are the 2024 computed tax rate ceiling pursuant to Article X, Section 22, of the Missouri Constitution, also known as the Handcock Amendment, and Section 137.073, RSMo. and are provided by the State Auditor’s Office. Tax rate ceilings are determined annually and adjusted to ensure revenue neutrality. To achieve revenue neutrality, the tax rate ceiling is calculated using the prior year's assessed valuation and the current year's adjusted assessed valuation, making sure to not include any new construction in the current year’s assessments. This results in the same revenue as last year. This year Odessa had an adjustment to the assessed valuation by the amounts listed below. The county will bill these amounts via property taxes, and the city should collect revenue from the new construction. If Odessa sets the tax rates as proposed, the city is expected to generate approximately $8,000 more than last year from the General Fund and Park Fund combined due to the new construction. Assessed Value of New Construction & Improvements related to Real Estate - $932,528.00 Assessed Value of New Construction & Improvements related to Personal Property - $187,684.00 Assessed Value of Newly Added Territory related to Real Estate - $0.00 2024 Current Year Assessed Valuation - $66,801,128.00 2024 Adjusted Current Year Assessed Valuation - $65,680,916.00 Page 10 of 32 11 The Board of Aldermen have the ability to roll back the levy below the calculated ceiling. The Board of Aldermen previously adopted a General Fund Levy and Parks levy at the August 26, 2024 meeting which will be repealed before the adoption of the above levies. Due to errors in the new construction numbers provided to the State new proforma numbers needed to be recalculated after the September 1st due date and provided to the City of Odessa. Staff recommends completion of the first and second reading of this ordinance to comply with the requirements of RSMo 37.110 as outlined above. FINANCIAL CONSIDERATIONS: The property tax revenue billed in 2024 will be used as a tool for revenue projections when creating the FY2025/26 Budget. General Amount Generated - $378,629.00 Park Amount Generated - $99,934.00 ATTACHMENTS: Bill No. 2024-19; ProForma. Public Notice PREPARED BY: ______ DATED: September 23, 2024 Shawna Davis, City Administrator Page 11 of 32 12 NOTICE OF PUBLIC HEARING City of Odessa, Missouri A public hearing will be held at 7:00 p.m., September 23, 2024, at the Dyer Park Community Building, located at 601 W Main Street, Odessa, Missouri 64076, at which time citizens may be heard on the Amended property tax rates proposed to be set by the City of Odessa, a political subdivision. The Amended tax rates are set to produce the revenues which the budget for the fiscal year beginning April 1, 2024, shows to be required from the property tax. Each tax rate is determined by dividing the amount of revenue needed by the current assessed valuation. The result is multiplied by 100 so the tax rate will be expressed in cents per $100 valuation. Assessed Valuation Prior Tax Year Current Tax Year (by categories) 2023 2024 Real Estate $50,659,260.00 $51,515,348.00 Personal Property $14,408,451.00 $14,636,456.00 Railroad & Utilities State $707,895.00 $647,213.00 Local $17,460.00 $2,111.00 TOTAL $65,793,066.00 $66,801,128.00 2024 AMENDED TAX LEVY INFORMATION . Amount Generated Levy GENERAL FUND $378,629.00 $0.5668 PARK FUND $99,934.00 0.1496 $478,563.00 $0.7164 CITY OF ODESSA Mayor and Board of Aldermen Submitted by: Karen Findora, City Clerk Published in The Odessan, Odessa, MO., September 19, 2024 Posted at City Hall, City of Odessa Website on September 12, 2024 Page 12 of 32  13 Scott Fitzpatrick Missouri State Auditor MEMORANDUM September 03, 2024 TO: 09-054-0012 City of Odessa RE: Setting of 2024 Property Tax Rates The following are the tax rate computational forms that have been reviewed. Please follow the steps below to complete the process of setting your 2024 Property Tax Rate(s). 1. Lines G - BB on the Summary Page should be completed to show the actual tax rate(s) to levy. 2. Please sign and date the Summary Page. 3. Please submit the finalized tax rate forms ready for certification to the County Clerk of each county that your political subdivision resides in. The County Clerk must also sign the Summary Page and indicate the proposed tax rate to be entered on the tax books before submitting rate(s) to the State Auditor's Office for final review and certification. If the attached calculation differs from the questionnaire submitted for review, please review the following line items for the reason(s) for the difference. Form A, Line 2b - New Construction & Improvements - Personal Property Section 137.073.4, RSMo, states that the aggregate increase in valuation of personal property for the current year over that of the previous year is the equivalent of the new construction and improvements factor for personal property. Form A, Line 5 - Prior Year Assessed Valuation If the 2024 questionnaire has a different amount on Form A, Line 5 than was previously submitted, we had to revise the 2023 calculation for this change. The revised 2023 tax rate ceiling is listed on the 2024 Summary Page, Line A. Your primary County Clerk should forward a copy of the revised 2023 calculation; please keep this form for your files. (SCHOOL DISTRICTS ONLY) Form A, Line 14 We revised the information the school district submitted on Line 14 to the amount computed by the Department of Elementary and Secondary Education (DESE). If you have any questions about the enclosed forms, please contact the local government section at (573-751- 4213.) Page 13 of 32  PRO FORMA - STATE AUDITOR'S REVIEW OF DATA SUBMITTED 9/3/2024 14 Summary Page (2024) For Political Subdivisions Other Than School Districts Levying a Single Rate on All Property City of Odessa 09-054-0012 General Revenue Name of Political Subdivision Political Subdivision Code Purpose of Levy The final version of this form MUST be sent to the county clerk. The information to complete the Summary Page is available from prior year forms, computed on the attached forms, or computed on this page. Information on this page takes into consideration any voluntary reduction(s) taken in previous even numbered year(s). If in an even numbered year, the political For Political subdivision wishes to no longer use the lowered tax rate ceiling to calculate its tax rate, it can hold a public hearing and pass a resolution, a policy statement, or an ordinance justifying its action prior to setting and certifying its tax rate. The information in the Informational Data, at the end of these Subdivision Use forms, provides the rate that would be allowed had there been no previous voluntary reduction(s) taken in an even numbered year(s). in Calculating its Tax Rate A. Prior year tax rate ceiling as defined in Chapter 137, RSMo, revised if the prior year data changed or a voluntary reduction was taken in a non-reassessment year (Prior year Summary Page, Line F minus Line H in odd numbered year or prior year Summary Page, Line F in even numbered year) 0.5658 B. Current year rate computed pursuant to Article X, Section 22, of the Missouri Constitution and Section 137.073, RSMo, if no voter approved increase (Form A, Line 18) 0.5668 C. Amount of rate increase authorized by voters for current year if same purpose. (Form B, Line 7) D. Rate to compare to maximum authorized levy to determine tax rate ceiling (Line B if no election, otherwise Line C) 0.5668 E. Maximum authorized levy the most recent voter approved rate 1.0000 F. Current year tax rate ceiling maximum legal rate to comply with Missouri laws Political subdivisions tax rate (Lower of Line D or E) 0.5668 G1. Less required sales tax reduction taken from tax rate ceiling (Line F), if applicable G2. Less 20% required reduction 1st class charter county political subdivision NOT submitting an estimated non-binding tax rate to the county(ies) taken from tax rate ceiling (Line F) H. Less voluntary reduction by political subdivision taken from the tax rate ceiling (Line F) WARNING: A voluntary reduction taken in an even numbered year will lower the tax rate ceiling for the following year. I. Plus allowable recoupment rate added to tax rate ceiling (Line F) If applicable, attach Form G or H. J. Tax rate to be levied (Line F - Line G1 - Line G2 - Line H + Line I) AA. Rate to be levied for debt service, if applicable (Form C, Line 10) BB. Additional special purpose rate authorized by voters after the prior year tax rates were set. (Form B, Line 7 if a different purpose) Certification I, the undersigned, (Office) of (Political Subdivision) levying a rate in (County(ies)) do hereby certify that the data set forth above and on the accompanying forms is true and accurate to the best of my knowledge and belief. Please complete Line G through BB, sign this form, and return to the county clerk(s) for final certification. (Date) (Signature) (Print Name) (Telephone) Proposed rate to be entered on tax books by county clerk based on certification from the political subdivision: Lines J AA BB Section 137.073.7 RSMo, states that no tax rate shall be extended on the tax rolls by the county clerk unless the political subdivision has complied with the foregoing provisions of this section. (Date) (County Clerk's Signature) (County) (Telephone) Page 14 of 32 (Form Revised 04-2021) Summary Page  PRO FORMA - STATE AUDITOR'S REVIEW OF DATA SUBMITTED 9/3/2024 15 Form A (2024) For Political Subdivisions Other Than School Districts Levying a Single Rate on All Property City of Odessa 09-054-0012 General Revenue Name of Political Subdivision Political Subdivision Code Purpose of Levy The final version of this form MUST be sent to the county clerk. Computation of reassessment growth and rate for compliance with Article X, Section 22, and Section 137.073, RSMo. 1. (2024) Current year assessed valuation Include the current state and locally assessed valuation obtained from the county clerk, county assessor, or comparable office finalized by the local board of equalization. (a) 52,001,941 + (b) 14,799,187 = 66,801,128 (Real Estate) (Personal Property) (Total) 2. Assessed valuation of new construction & improvements 2(a) - Obtained from the county clerk or county assessor 2(b) - increase in personal property, use the formula listed under Line 2(b) (a) 932,528 + (b) 187,684 = 1,120,212 (Real Estate) Line 1(b) - 3(b) - 5(b) + 6(b) + 7(b) (Total) If Line 2b is negative, enter zero 3. Assessed value of newly added territory obtained from the county clerk or county assessor (a) 0 + (b) 0 = 0 (Real Estate) (Personal Property) (Total) 4. Adjusted current year assessed valuation (Line 1 total - Line 2 total - Line 3 total) 65,680,916 5. (2023) Prior year assessed valuation Include prior year state and locally assessed valuation obtained from the county clerk, county assessor, or comparable office finalized by the local board of equalization. NOTE: If this is different than the amount on the prior year Form A, Line 1, then revise the prior year tax rate form to recalculate the prior year tax rate ceiling. Enter the revised prior year tax rate ceiling on this year's Summary Page, Line A. (a) 51,181,563 + (b) 14,611,503 = 65,793,066 (Real Estate) (Personal Property) (Total) 6. Assessed value of newly separated territory obtained from the county clerk or county assessor (a) 0 + (b) 0 = 0 (Real Estate) (Personal Property) (Total) 7. Assessed value of property locally assessed in prior year, but state assessed in current year obtained from the county clerk or county assessor (a) 0 + (b) 0 = 0 (Real Estate) (Personal Property) (Total) 8. Adjusted prior year assessed valuation (Line 5 total - Line 6 total - Line 7 total) 65,793,066 Page 15 of 32 (Form Revised 12-2017) Form A, Page 1 of 2  PRO FORMA - STATE AUDITOR'S REVIEW OF DATA SUBMITTED 9/3/2024 16 Form A (2024) For Political Subdivisions Other Than School Districts Levying a Single Rate on All Property City of Odessa 09-054-0012 General Revenue Name of Political Subdivision Political Subdivision Code Purpose of Levy The final version of this form MUST be sent to the county clerk. Computation of reassessment growth and rate for compliance with Article X, Section 22, and Section 137.073, RSMo. Information on this page takes into consideration any voluntary reduction(s) taken in previous even numbered year(s). If in an even numbered year, For Political the political subdivision wishes to no longer use the lowered tax rate ceiling to calculate its tax rate, it can hold a public hearing and pass a resolution, a policy statement, or an ordinance justifying its action prior to setting and certifying its tax rate. The information in the Informational Subdivision Use in Data, at the end of these forms, provides the rate that would be allowed had there been no previous voluntary reduction(s) taken in an even Calculating its Tax numbered year(s). Rate 9. Percentage increase in adjusted valuation of existing property in the current year over the prior year's assessed valuation (Line 4 - Line 8 / Line 8 x 100) -0.1705% 10. Increase in Consumer Price Index (CPI) certified by the State Tax Commission 3.4000% 11. Adjusted prior year assessed valuation (Line 8) 65,793,066 12. (2023) Tax rate ceiling from prior year (Summary Page, Line A) 0.5658 13. Maximum prior year adjusted revenue from property that existed in both years (Line 11 x Line 12 / 100) 372,257 14. Permitted reassessment revenue growth The percentage entered on Line 14 should be the lower of the actual growth (Line 9), the CPI (Line 10) or 5%. A negative figure on Line 9 is treated as a 0 for Line 14 purposes. Do not enter less than 0 or more than 5%. 0.0000% 15. Additional revenue permitted (Line 13 x Line 14) 0 16. Total revenue permitted in current year * from property that existed in both years ( Line 13 + Line 15) 372,257 17. Adjusted current year assessed valuation (Line 4) 65,680,916 18. Maximum tax rate permitted by Article X, Section 22, and Section 137.073, RSMo (Line 16 / Line 17 x 100) Round a fraction to the nearest one/one hundreth of a cent. Enter this rate on the Summary Page, Line B 0.5668 * To compute the total property tax revenues billed for the current year (including revenues from all new construction and improvements and annexed property), multiply Line 1 by the rate on Line 18 and divide by 100. The property tax revenues billed would be used in estimating budgeted revenues. Page 16 of 32 (Form Revised 12-2017) Form A, Page 2 of 2  PRO FORMA - STATE AUDITOR'S REVIEW OF DATA SUBMITTED 9/3/2024 17 Summary Page (2024) For Political Subdivisions Other Than School Districts Levying a Single Rate on All Property City of Odessa 09-054-0012 Parks & Recreation Name of Political Subdivision Political Subdivision Code Purpose of Levy The final version of this form MUST be sent to the county clerk. The information to complete the Summary Page is available from prior year forms, computed on the attached forms, or computed on this page. Information on this page takes into consideration any voluntary reduction(s) taken in previous even numbered year(s). If in an even numbered year, the political For Political subdivision wishes to no longer use the lowered tax rate ceiling to calculate its tax rate, it can hold a public hearing and pass a resolution, a policy statement, or an ordinance justifying its action prior to setting and certifying its tax rate. The information in the Informational Data, at the end of these Subdivision Use forms, provides the rate that would be allowed had there been no previous voluntary reduction(s) taken in an even numbered year(s). in Calculating its Tax Rate A. Prior year tax rate ceiling as defined in Chapter 137, RSMo, revised if the prior year data changed or a voluntary reduction was taken in a non-reassessment year (Prior year Summary Page, Line F minus Line H in odd numbered year or prior year Summary Page, Line F in even numbered year) 0.1493 B. Current year rate computed pursuant to Article X, Section 22, of the Missouri Constitution and Section 137.073, RSMo, if no voter approved increase (Form A, Line 18) 0.1496 C. Amount of rate increase authorized by voters for current year if same purpose. (Form B, Line 7) D. Rate to compare to maximum authorized levy to determine tax rate ceiling (Line B if no election, otherwise Line C) 0.1496 E. Maximum authorized levy the most recent voter approved rate 0.2000 F. Current year tax rate ceiling maximum legal rate to comply with Missouri laws Political subdivisions tax rate (Lower of Line D or E) 0.1496 G1. Less required sales tax reduction taken from tax rate ceiling (Line F), if applicable G2. Less 20% required reduction 1st class charter county political subdivision NOT submitting an estimated non-binding tax rate to the county(ies) taken from tax rate ceiling (Line F) H. Less voluntary reduction by political subdivision taken from the tax rate ceiling (Line F) WARNING: A voluntary reduction taken in an even numbered year will lower the tax rate ceiling for the following year. I. Plus allowable recoupment rate added to tax rate ceiling (Line F) If applicable, attach Form G or H. J. Tax rate to be levied (Line F - Line G1 - Line G2 - Line H + Line I) AA. Rate to be levied for debt service, if applicable (Form C, Line 10) BB. Additional special purpose rate authorized by voters after the prior year tax rates were set. (Form B, Line 7 if a different purpose) Certification I, the undersigned, (Office) of (Political Subdivision) levying a rate in (County(ies)) do hereby certify that the data set forth above and on the accompanying forms is true and accurate to the best of my knowledge and belief. Please complete Line G through BB, sign this form, and return to the county clerk(s) for final certification. (Date) (Signature) (Print Name) (Telephone) Proposed rate to be entered on tax books by county clerk based on certification from the political subdivision: Lines J AA BB Section 137.073.7 RSMo, states that no tax rate shall be extended on the tax rolls by the county clerk unless the political subdivision has complied with the foregoing provisions of this section. (Date) (County Clerk's Signature) (County) (Telephone) Page 17 of 32 (Form Revised 04-2021) Summary Page  PRO FORMA - STATE AUDITOR'S REVIEW OF DATA SUBMITTED 9/3/2024 18 Form A (2024) For Political Subdivisions Other Than School Districts Levying a Single Rate on All Property City of Odessa 09-054-0012 Parks & Recreation Name of Political Subdivision Political Subdivision Code Purpose of Levy The final version of this form MUST be sent to the county clerk. Computation of reassessment growth and rate for compliance with Article X, Section 22, and Section 137.073, RSMo. 1. (2024) Current year assessed valuation Include the current state and locally assessed valuation obtained from the county clerk, county assessor, or comparable office finalized by the local board of equalization. (a) 52,001,941 + (b) 14,799,187 = 66,801,128 (Real Estate) (Personal Property) (Total) 2. Assessed valuation of new construction & improvements 2(a) - Obtained from the county clerk or county assessor 2(b) - increase in personal property, use the formula listed under Line 2(b) (a) 932,528 + (b) 187,684 = 1,120,212 (Real Estate) Line 1(b) - 3(b) - 5(b) + 6(b) + 7(b) (Total) If Line 2b is negative, enter zero 3. Assessed value of newly added territory obtained from the county clerk or county assessor (a) 0 + (b) 0 = 0 (Real Estate) (Personal Property) (Total) 4. Adjusted current year assessed valuation (Line 1 total - Line 2 total - Line 3 total) 65,680,916 5. (2023) Prior year assessed valuation Include prior year state and locally assessed valuation obtained from the county clerk, county assessor, or comparable office finalized by the local board of equalization. NOTE: If this is different than the amount on the prior year Form A, Line 1, then revise the prior year tax rate form to recalculate the prior year tax rate ceiling. Enter the revised prior year tax rate ceiling on this year's Summary Page, Line A. (a) 51,181,563 + (b) 14,611,503 = 65,793,066 (Real Estate) (Personal Property) (Total) 6. Assessed value of newly separated territory obtained from the county clerk or county assessor (a) 0 + (b) 0 = 0 (Real Estate) (Personal Property) (Total) 7. Assessed value of property locally assessed in prior year, but state assessed in current year obtained from the county clerk or county assessor (a) 0 + (b) 0 = 0 (Real Estate) (Personal Property) (Total) 8. Adjusted prior year assessed valuation (Line 5 total - Line 6 total - Line 7 total) 65,793,066 Page 18 of 32 (Form Revised 12-2017) Form A, Page 1 of 2  PRO FORMA - STATE AUDITOR'S REVIEW OF DATA SUBMITTED 9/3/2024 19 Form A (2024) For Political Subdivisions Other Than School Districts Levying a Single Rate on All Property City of Odessa 09-054-0012 Parks & Recreation Name of Political Subdivision Political Subdivision Code Purpose of Levy The final version of this form MUST be sent to the county clerk. Computation of reassessment growth and rate for compliance with Article X, Section 22, and Section 137.073, RSMo. Information on this page takes into consideration any voluntary reduction(s) taken in previous even numbered year(s). If in an even numbered year, For Political the political subdivision wishes to no longer use the lowered tax rate ceiling to calculate its tax rate, it can hold a public hearing and pass a resolution, a policy statement, or an ordinance justifying its action prior to setting and certifying its tax rate. The information in the Informational Subdivision Use in Data, at the end of these forms, provides the rate that would be allowed had there been no previous voluntary reduction(s) taken in an even Calculating its Tax numbered year(s). Rate 9. Percentage increase in adjusted valuation of existing property in the current year over the prior year's assessed valuation (Line 4 - Line 8 / Line 8 x 100) -0.1705% 10. Increase in Consumer Price Index (CPI) certified by the State Tax Commission 3.4000% 11. Adjusted prior year assessed valuation (Line 8) 65,793,066 12. (2023) Tax rate ceiling from prior year (Summary Page, Line A) 0.1493 13. Maximum prior year adjusted revenue from property that existed in both years (Line 11 x Line 12 / 100) 98,229 14. Permitted reassessment revenue growth The percentage entered on Line 14 should be the lower of the actual growth (Line 9), the CPI (Line 10) or 5%. A negative figure on Line 9 is treated as a 0 for Line 14 purposes. Do not enter less than 0 or more than 5%. 0.0000% 15. Additional revenue permitted (Line 13 x Line 14) 0 16. Total revenue permitted in current year * from property that existed in both years ( Line 13 + Line 15) 98,229 17. Adjusted current year assessed valuation (Line 4) 65,680,916 18. Maximum tax rate permitted by Article X, Section 22, and Section 137.073, RSMo (Line 16 / Line 17 x 100) Round a fraction to the nearest one/one hundreth of a cent. Enter this rate on the Summary Page, Line B 0.1496 * To compute the total property tax revenues billed for the current year (including revenues from all new construction and improvements and annexed property), multiply Line 1 by the rate on Line 18 and divide by 100. The property tax revenues billed would be used in estimating budgeted revenues. Page 19 of 32 (Form Revised 12-2017) Form A, Page 2 of 2  PRO FORMA - STATE AUDITOR'S REVIEW OF DATA SUBMITTED 9/3/2024 20 Informational Data (2024) For Political Subdivisions Other Than School Districts Levying a Single Rate on All Property City of Odessa 09-054-0012 General Revenue Name of Political Subdivision Political Subdivision Code Purpose of Levy This page shows the information that would have been on the line items for the Summary Page, Form A, and/or Form B had no voluntary reduction(s) Based on Prior been taken in prior even numbered year(s). The information on this page should not be used in the current year unless the taxing authority wishes to Year Tax Rate reverse any voluntary reduction(s) taken in prior even numbered year(s) and follows the following steps in an even numbered year. Ceiling as if No Step 1 The governing body should hold a public hearing and adopt a resolution, a policy statement, or an ordinance justifying its action prior to setting Voluntary and certifying its tax rate. Reductions Step 2 Submit a copy of the resolution, policy statement, or ordinance to the State Auditor's Office for review. were Taken Informational Summary Page A. Prior year tax rate ceiling (Prior year Informational Summary Page, Line F) 0.5658 B. Current year rate computed (Informational Form A, Line 18 below) 0.5668 C. Amount of increase authorized by voters for current year (Informational Form B, Line 7 below) D. Rate to compare to maximum authorized levy (Line B if no election, otherwise Line C) 0.5668 E. Maximum authorized levy most recent voter approved rate 1.0000 F. Tax rate ceiling if no voluntary reductions were taken in a prior even numbered year (Lower of Line D or E) 0.5668 Informational Form A 9. Percentage increase in adjusted valuation (Form A, Line 4 - Line 8 / Line 8 x 100) -0.1705% 10. Increase in Consumer Price Index (CPI) certified by the State Tax Commission 3.4000% 11. Adjusted prior year assessed valuation (Form A, Line 8) 65,793,066 12. (2023) Tax rate ceiling from prior year (Informational Summary Page, Line A from above) 0.5658 13. Maximum prior year adjusted revenue from property that existed in both years (Line 11 x Line 12 / 100) 372,257 14. Permitted reassessment revenue growth The percentage entered on Line 14 should be the lower of the actual growth (Line 9), the CPI (Line 10), or 5%. A negative figure on Line 9 is treated as a 0 for Line 14 purposes. Do not enter less than 0, nor more than 5%. 0.0000% 15. Additional reassessment revenue permitted (Line 13 x Line 14) 0 16. Total revenue permitted in current year from property that existed in both years (Line 13 + Line 15) 372,257 17. Adjusted current year assessed valuation (Form A, Line 4) 65,680,916 18. Maximum tax rate permitted by Article X, Section 22, and Section 137.073, RSMo, if no voluntary reduction was taken (Line 16 / Line 17 x 100) 0.5668 Informational Form B 6. Prior year tax rate ceiling to apply voter approved increase to (Informational Summary Page, Line A if increase to an existing rate, otherwise 0) 7. Voter approved increased tax rate to adjust (If an "increase of/by" ballot, Form B, Line 5a + Line 6, if an "increase to" ballot, Form B, Line 5b) Page 20 of 32 (Form Revised 04-2021) Informational Data  PRO FORMA - STATE AUDITOR'S REVIEW OF DATA SUBMITTED 9/3/2024 21 Informational Data (2024) For Political Subdivisions Other Than School Districts Levying a Single Rate on All Property City of Odessa 09-054-0012 Parks & Recreation Name of Political Subdivision Political Subdivision Code Purpose of Levy This page shows the information that would have been on the line items for the Summary Page, Form A, and/or Form B had no voluntary reduction(s) Based on Prior been taken in prior even numbered year(s). The information on this page should not be used in the current year unless the taxing authority wishes to Year Tax Rate reverse any voluntary reduction(s) taken in prior even numbered year(s) and follows the following steps in an even numbered year. Ceiling as if No Step 1 The governing body should hold a public hearing and adopt a resolution, a policy statement, or an ordinance justifying its action prior to setting Voluntary and certifying its tax rate. Reductions Step 2 Submit a copy of the resolution, policy statement, or ordinance to the State Auditor's Office for review. were Taken Informational Summary Page A. Prior year tax rate ceiling (Prior year Informational Summary Page, Line F) 0.1493 B. Current year rate computed (Informational Form A, Line 18 below) 0.1496 C. Amount of increase authorized by voters for current year (Informational Form B, Line 7 below) D. Rate to compare to maximum authorized levy (Line B if no election, otherwise Line C) 0.1496 E. Maximum authorized levy most recent voter approved rate 0.2000 F. Tax rate ceiling if no voluntary reductions were taken in a prior even numbered year (Lower of Line D or E) 0.1496 Informational Form A 9. Percentage increase in adjusted valuation (Form A, Line 4 - Line 8 / Line 8 x 100) -0.1705% 10. Increase in Consumer Price Index (CPI) certified by the State Tax Commission 3.4000% 11. Adjusted prior year assessed valuation (Form A, Line 8) 65,793,066 12. (2023) Tax rate ceiling from prior year (Informational Summary Page, Line A from above) 0.1493 13. Maximum prior year adjusted revenue from property that existed in both years (Line 11 x Line 12 / 100) 98,229 14. Permitted reassessment revenue growth The percentage entered on Line 14 should be the lower of the actual growth (Line 9), the CPI (Line 10), or 5%. A negative figure on Line 9 is treated as a 0 for Line 14 purposes. Do not enter less than 0, nor more than 5%. 0.0000% 15. Additional reassessment revenue permitted (Line 13 x Line 14) 0 16. Total revenue permitted in current year from property that existed in both years (Line 13 + Line 15) 98,229 17. Adjusted current year assessed valuation (Form A, Line 4) 65,680,916 18. Maximum tax rate permitted by Article X, Section 22, and Section 137.073, RSMo, if no voluntary reduction was taken (Line 16 / Line 17 x 100) 0.1496 Informational Form B 6. Prior year tax rate ceiling to apply voter approved increase to (Informational Summary Page, Line A if increase to an existing rate, otherwise 0) 7. Voter approved increased tax rate to adjust (If an "increase of/by" ballot, Form B, Line 5a + Line 6, if an "increase to" ballot, Form B, Line 5b) Page 21 of 32 (Form Revised 04-2021) Informational Data 22 BILL NUMBER: 2024-19 ORDINANCE NUMBER: 0000 AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI SETTING THE AMENDED TAX LEVY FOR THE YEAR 2024 FOR THE CITY OF ODESSA, MISSOURI AND DESIGNATING THE AMOUNT TO BE USED FOR GENERAL AND PARK PURPOSES. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI AS FOLLOWS: Section 1. That the Amended tax levy for the General Revenue and Expenditure purposes for the City of Odessa, Missouri, for the year 2024 shall be and the same is hereby fixed at Fifty-Six and 68/100 Cents (56.68¢) on the One Hundred Dollars ($100) valuation on real and personal property in the City of Odessa, Missouri. That the Amended tax levy for the Park Revenue and Expenditure purposes for the City of Odessa, Missouri, for the year 2024 shall be and the same is hereby fixed at Fourteen and 96/100 Cents (14.96¢) on the One Hundred Dollars ($100) valuation on real and personal property in the City of Odessa, Missouri. That the Amended total levy for all purposes herein above set out for the City of Odessa, Missouri, for the year 2024 shall be and the same is hereby fixed at the sum of Seventy-One and 64/100 Cents (71.64¢) on the One Hundred Dollars ($100) valuation on real and personal property in the City of Odessa, Missouri. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. It is intended that the provisions of Section One of this ordinance be incorporated into the Code of Ordinances of the City of Odessa. Section 4. This ordinance shall be in full force and effect from and after its passage. 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 September, 2024. (SEAL) ______________________________________ Bryan D. Barner, Mayor ATTEST: APPROVED: ______________________________________ ______________________________________ Karen Findora, City Clerk Bryan D. Barner, Mayor Page 22 of 32 23 CERTIFICATION STATE OF: MISSOURI COUNTY OF: LAYFAYETTE I, Karen Findora, City Clerk, do hereby certify that I have been duly appointed City Clerk of the City of Odessa, and that the foregoing ordinance was introduced for first and second reading at a meeting of the Board of Alderman held on the 23rd day of September, 2024, and adopted as Bill No. 2024-19 Ordinance No. 3131 of the City of Odessa, Missouri, by the following vote, to-wit: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Odessa, at my office this 23rd day of September, 2024. (SEAL) ___________________ Karen Findora, City Clerk City of Odessa, Missouri Page 23 of 32 24 BOARD OF ALDERMEN ACTION REPORT ISSUE: Move City of Odessa Board of Aldermen meetings to one per month. ACTION REQUESTED: Motion/Second to approve Bill No. 2024-20 amending Chapter 2, Article II. Mayor and Board of Aldermen, Division Meetings, Sec 2-59 of the Code of Ordinances of the City of Odessa. BACKGROUND: After discussions at the Board of Aldermen meetings on June 10, 2024, and August 26, 2024, the Board decided to direct staff to bring an ordinance change. The change involves moving Board of Aldermen meetings from the 2nd and 4th Mondays of the month to only the 2nd Monday of the month, resulting in just one meeting a month. This decision was made due to the current short duration of the meetings and the time it takes for staff to prepare. The Board felt that having one longer meeting a month could be more efficient and would alleviate some of the workload on staff, allowing them to spend more time on day-to-day operations. FINANCIAL CONSIDERATIONS: None ATTACHMENTS: Bill No. 2024-20 PREPARED BY: ______ DATED: September 23, 2024 Shawna Davis, City Administrator Page 24 of 32 25 BILL NUMBER: 2024-20 ORDINANCE NUMBER: 0000 AN ORDINANCE OF THE CITY OF ODESSA, MISSOURI, AMENDING CHAPTER 2, ARTICLE II. MAYOR AND BOARD OF ALDERMEN, DIVISION 2. MEETINGS, SEC. 2-59 OF THE CODE OF ORDINANCES 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 2, Article II. - Mayor and Board of Aldermen, Division 2. Meetings, Sec. 2-59 Regular meetings; compensation of members of board of aldermen of the Code of Ordinances of the City of Odessa is hereby adopted to read as follows. Sec. 2-59. – Regular meetings; compensation of members of board of aldermen. A. Regular meetings of the board of aldermen of the city shall be held on the second and fourth Monday of each month commencing at 7:00 p.m. Central Standard Time, as applicable, at the city community building unless otherwise provided by the board of aldermen. The members of the board of aldermen shall receive such compensation as is set by ordinance from time to time. Section 2. Effective Date. 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. 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 September 2024. (SEAL) _____________________________________ Bryan D. Barner, Mayor ATTEST: APPROVED: ___________________________________ Bryan D. Barner, Mayor _________________________________ Karen Findora, City Clerk Page 25 of 32 26 BOARD OF ALDERMEN ACTION REPORT ISSUE: Entering into an agreement with ZMDR, LLC for bulk waste delivery and treatment of waste by Odessa Wastewater Department. ACTION REQUESTED: Motion/Second to approve Resolution No 2024-23 authorizing the Mayor to enter into an agreement between the City of Odessa and ZMDR, LLC for bulk waste delivery. BACKGROUND: ZMDR, LLC runs a meat processing facility in Lone Jack, Missouri and is obligated to dispose of waste in accordance with the regulations and mandates of the Department of Natural Resources. ZMDR reached out to the Odessa Wastewater Department to discuss the possibility of delivering waste to either of the City's wastewater treatment plants. The City has collaborated with its engineers to ensure the Department's capability to treat the waste and determine the appropriate charges for the deliveries. By entering into this contract and accepting waste deliveries from ZMDR, the City is creating an additional revenue stream for the wastewater fund, which is currently burdened by outstanding debt. This is expected to have minimal impact on the treatment process, day-to-day operations, and staff of the wastewater plants. Update: Due to concerns from county residents Wastewater staff have found an alternative way to treat this waste at the NE wastewater treatment plant. This will ensure that the tank truck drivers do not travel down Starr School Road. We have inquired about dust control at the address of 6774 Hughes Rd due to its proximity to the road. The cost for approximately 400 feet of dust control solution would be approximately $600 to be completed in the Spring by the County. FINANCIAL CONSIDERATIONS: It is anticipated that monthly revenue could be between $5,000 and $15,000 for the wastewater fund. ATTACHMENTS: Resolution No. 2024-23, ZMDR, LLC Agreement, Exhibit A PREPARED BY: ______ DATED: September 23, 2024 Shawna Davis, City Administrator Page 26 of 32 27 AGREEMENT BETWEEN ZMDR, LLC AND THE CITY OF ODESSA, MISSOURI This Agreement is made by and between the City of Odessa, Missouri (“Odessa”), and ZMDR, LLC (“ZMDR”) (collectively, the “Parties”), for services to be provided under the terms of this agreement (the “Agreement”). ZMDR operates a meat processing facility in Lone Jack, Missouri (the “Facility”) that produces waste / wastewater from the method in which the meat is processed (“Waste”). In exchange for the payment described below, Odessa has agreed to accept the Waste produced by the Facility daily during the hours of 8 a.m. CST until 3 p.m. CST. However, Odessa will not accept the delivery of Waste on the weekends or federal holidays unless otherwise agreed to by the Parties in writing. The Waste will be primarily delivered to Odessa’s wastewater treatment facility located at 7147 Hughes Rd. Odessa, Missouri 64076 unless otherwise directed by Odessa Wastewater Superintendent to deliver to Odessa’s Southeast treatment plant located at 11023 Starr School Road, Odessa, Missouri 64076. The waste delivered to Odessa shall only be waste as defined herein and shall not include any other waste produced by the Facility. Once the Waste is delivered to Odessa as described above, Odessa is solely responsible for the Waste and its proper treatment and/or disposal, including ensuring the Waste is disposed of and/or treated in accordance with all local, state and federal laws, regulations, guidelines, rules and ordinances, including, but not limited to, the laws, rules and regulations of the Missouri Department of Natural Resources and the Environmental Protection Agency, the Missouri Clean Water Law, and the Federal Clean Water Act. ZMDR and Odessa are independent entities and neither shall have any control over the means, manner, or method by which the other performs its obligations under this Agreement. Nothing in this Agreement shall be construed to create an agency relationship, an employment relationship, or joint venture between the parties. In exchange for accepting delivery of the Facility’s Waste, ZMDR agrees to compensate Odessa in accordance with the schedule attached as Exhibit A to the Agreement. Odessa will invoice ZMDR on a monthly basis during the term of the Agreement. Payment shall be due within thirty (30) days of receipt of the invoice. ZMDR agrees to compensate Odessa for previous acceptance of the Facility’s Waste for any loads delivered during the testing period, according to the amounts included in Exhibit A, which shall be due within thirty (30) days of the execution of this Agreement by both Parties. The Agreement shall be effective the date it is last signed by either ZMDR or Odessa. Either party may terminate this agreement with written notice at any time. This Agreement constitutes the entire agreement of the parties and supersedes all prior written and oral agreements regarding the subject matter of this Agreement. This Agreement may only be modified by written agreement that is signed by both ZMDR and Odessa. Notices regarding this Agreement should be directed to the following representatives of the parties: {0284173.DOCX} Page 27 of 32 28 ZMDR Lisa Hernanez 1921US-50 Lone Jack, Missouri Odessa City Administrator 228 South Second Street Odessa, Missouri 640076 ZMDR shall maintain a $2,000,000 liability policy and shall name Odessa as an additional insured. The policy shall include the use of the Odessa wastewater treatment facilities and associated infrastructure. ZMDR shall provide a Certificate of Insurance reflecting this provision to the City Administrator prior to the first delivery of waste to Odessa and shall maintain such policy during the term of this Agreement. ZMDR agrees that Odessa shall not be responsible for claims, expenses, damages, or liability for personal injury or damages to property, real or personal, directly or indirectly, arising from the acts or omissions of ZMDR, its officers, employees, agents, and/or volunteers in connection with its performance under this Agreement. To the fullest extent permitted by law, ZMDR shall and hereby agrees to defend, hold harmless, and indemnify Odessa and the Board of Aldermen, appointed officials, and employees of Odessa from and against all claims and demands which may be made by reason of an injury to person or damage to property sustained by any person, firm, or corporation to the extent that such injury or damage was caused by any act or omission of ZMDR or its officers, employees, agents, and/or volunteers in connection with its performance under this Agreement. Miscellaneous. A. Non-Assignment: Neither party to the Agreement shall have the right to assign or transfer its rights and obligations to any third party without prior approval of the other party. B. Severability: If any term or provision of the Agreement is held to be invalid for any reason, the validity of that section shall not affect the validity of any other section of the Agreement. The remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. C. Governing Law: The Agreement shall be governed by and constructed in accordance with the laws of the State of Missouri. The venue of any litigation arising out of the Agreement shall be in the courts of Lafayette County, Missouri. D. Binding Effect: This Agreement constitutes the entire understanding between the parties hereto regarding the subject matter of this Agreement. This Agreement may be modified, amended, altered, or changed upon the prior written approval of both parties to the Agreement. The individuals signing below represent they have authority to sign on behalf of their respective parties. ZMDR, LLC City of Odessa, Missouri {0284173.DOCX} Page 28 of 32 29 _________________________ ________________________ Name Name _________________________ ________________________ Title Title _________________________ ________________________ Date Date THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK {0284173.DOCX} Page 29 of 32 30 EXHIBIT A {0284173.DOCX} Page 30 of 32  31 ASSUMPTIONS BOD 3000 mg/L SS 600 mg/L O&G 60 mg/L EXCESS BOD EQUATION SBOD = (V § )(0.00624)(RB)(BOD = 250) Volume (gal) BOD ($) SS ($) O&G ($) TOTAL 1000 $ 12.69 $ 0.71 $ 0.07 $ 13.47 V = gallons 2000 $ 25.38 $ 1.43 $ 0.13 $ 26.94 RB = 0.553 $/lb of excess 3000 $ 38.07 $ 2.14 $ 0.20 $ 40.41 BOD = 2750 mg/L 4000 $ 50.77 $ 2.85 $ 0.27 $ 53.88 SBOD = 0 5000 $ 63.46 $ 3.56 $ 0.33 $ 67.35 6000 $ 76.15 $ 4.28 $ 0.40 $ 80.82 7000 $ 88.84 $ 4.99 $ 0.47 $ 94.29 EXCESS SS EQUATION Sss = (V § )(0.00624)(RS)(SS = 250) 8000 $ 101.53 $ 5.70 $ 0.53 $ 107.76 9000 $ 114.22 $ 6.41 $ 0.60 $ 121.24 V= gallons 10000 $ 126.91 $ 7.13 $ 0.67 $ 134.71 RS = 0.244 $/lb of excess 11000 $ 139.60 $ 7.84 $ 0.73 $ 148.18 SS = 350 mg/L Sss = 0 350 head/day x 156 gal/head = 54600 gallons EXCESS O&G EQUATION SO&G = (V § )(0.00624)(RG)(OG = 30) 6500 gal/tank 8.4 tanks/day $ 678.92 V= gallons RG = 0.266 $/lb of excess O&G = 30 mg/L SO&G = 0 Page 31 of 32 32 RESOLUTION NO. 2024-23 RESOLUTION OF THE CITY OF ODESSA, MISSOURI, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF ODESSA AND ZMDR, LLC FOR BULK WASTE DELIVERY WHEREAS, ZMDR, LLC operated a meat processing plant in Lone Jack, Missouri and is required to dispose of waste in accordance with Missouri Department of Natural Resources regulations; and WHEREAS, this agreement would outline the terms for ZMDR, LLC to deliver bulk waste produced at their facility to Odessa wastewater treatment plants for treatment and processing by City of Odessa staff; and WHEREAS, revenue generated by this agreement will create an additional revenue stream for the wastewater fund; and WHEREAS, bulk deliveries by ZMDR, LLC will have minimal impact on the wastewater treatment process, day-to-day operations and staff workload; and WHEREAS, the City desires to enter into the agreement between City of Odessa and ZMDR. LCC. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. That the Board of Aldermen authorizes the Mayor to enter into a Master Agreement between the City of Odessa, Missouri and ZMDR, LLC. PASSED BY THE BOARD OF ALDERMEN AND APPROVED BY THE MAYOR OF THE CITY OF ODESSA, MISSOURI THIS 23rd DAY OF SEPTEMBER, 2024. (SEAL) ___________________________ Bryan Barner, Mayor ATTEST: ________________________________ Karen Findora, City Clerk Page 32 of 32