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.