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HomeMy Public PortalAbout13308ORDINANCE NO.13308 AN ORDINANCE, authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an escrow agreement with Greensfelder, Hemker & Gale, P.C. (GHG) and UMB Bank, N.A. (Escrow Agent) to deposit approximately Four Million Eight Hundred Thirty Three Thousand Eight Hundred Twenty-Eight and 28/100 Dollars ($4,833,828.28) into escrow pursuant to the escrow agreement. Payment includes Plaintiff's Counsel's legal fees and expenses and post-judgment interest awarded in William D. Zweig, et al vs. MSD, with an emergency clause. WHEREAS, William D. Zweig, et al filed a civil class action against The District on July 18, 2008 alleging MSD's imposition and collection of its Stormwater User Charge violated the Hancock Amendment of the Missouri Constitution; and WHEREAS, on July 9, 1010, the trial court entered a judgment in favor of the Plaintiff's; and WHEREAS, on February 3, 2011, the trail court entered a judgment awarding the Plaintiff's counsel, Greensfelder, Hemker & Gale, P.C., $4,828,828.28 in attorney fees and expenses pursuant to Article X, § 23 of the Missouri Constitution; and WHEREAS, the District appealed the award of attorneys fees and expenses and proposes placing the amount awarded as attorneys fees and expenses into escrow pending the outcome of the appeal; and WHEREAS, Ordinance No. 13213, adopted February 10, 2011, appropriated the initial funding of $4,828,828.00 from the District-Wide Stormwater Fund to establish a reserve for legal fees and costs per the trial court's ruling on February 3, 2011; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The Executive Director and Secretary-Treasurer are hereby authorized on behalf of The Metropolitan St. Louis Sewer District to enter into an escrow with Greensfelder, Hemker & Gale, P.C. (GHG) and UMB Bank, N.A. (Escrow Agent). Payment includes the deposit of approximately Four Million Eight Hundred Thirty Three Thousand Eight Hundred Twenty-Eight and 28/100 Dollars ($4,833,828.28) into escrow pursuant to the escrow agreement. Section Two. The Escrow Agreement as authorized in Section One of this Ordinance shall be comprised of such terms and conditions as are approved the Office of the General Counsel of the District. The foregoing Ordinance was adopted August 11, 2011.