HomeMy Public PortalAbout10765 O R D I N A N C E NO. 10765
AN ORDINANCE, authorizing participation by the District in the Clean
Water SRF Program, authorizing execution by the Executive Director and
Secretary-Treasurer of the District of a Program Participation Agreement and a
Revolving Fund Agreement in connection with the Clean Water SRF Program,
approving the form of certain other documents, and providing further authority as
necessary to participate in the Clean Water SRF Program.
WHEREAS, the Federal Water Quality Act of 1987, 33 U.S.C. Section
1381 et seq. (the AFederal Act@), authorizes the Administrator of the Untied States
Environmental Protection Agency, including its Region VII office located in the City
of Kansas City, Kansas (the AEPA@), to make capitalization grants to states for
deposit in state revolving funds to provide assistance for constructing publicly
owned wastewater treatment facilities and for certain other purposes; and
WHEREAS, EPA has made available capitalization grants to the State
of Missouri for such purposes; and
WHEREAS, Section 644.122 of the Missouri Clean Water Law
(Sections 644.006 through 644.141, RSMo) establishes AThe Water and
Wastewater Loan Fund@ in the Treasury of the State of Missouri for deposit of the
EPA Capitalization grants and state matching funds; and
WHEREAS, the State Environmental Improvement and Energy
Resources Authority, a body corporate and politic and a governmental
instrumentality of the State of Missouri (the AAuthority@), and the Clean Water
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Commission have approved the development and implementation of the Missouri
Leveraged State Water Pollution Control Revolving Fund Program (the AClean
Water SRF Program@) to provide assistance for constructing publicly-owned
wastewater treatment works and for certain other purposes pursuant to the
Federal Act and the Missouri Clean Water Law; and
WHEREAS, under the Clean Water SRF Program the Authority will
issue notes to provide funds to assist eligible projects and will establish a reserve
fund to secure such notes, which reserve fund will be funded by federal
capitalization grants and state matching funds in The Water and Wastewater Loan
Fund; and
WHEREAS, the Missouri Department of Natural Resources (ADNR@)
and the Authority have presented a proposal to The Metropolitan St. Louis Sewer
District (the ADistrict@) to participate in the Clean Water SRF Program in
conjunction with the construction of eligible wastewater treatment works and in
conjunction with such participation, DNR will provide grants to the District of
approximately $15 million; and
WHEREAS, the District is desirous of participating in the Clean Water
SRF Program to obtain such grants and other benefits of the Clean Water SRF
Program to the District, its ratepayers, and the State of Missouri.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
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Section One. The Executive Director, Secretary-Treasurer and other
appropriate officers of the District are hereby authorized to enter and execute on
behalf of the District the following documents in substantially the forms attached
to this Ordinance, with such modifications and revisions therein as are consistent
with the provisions of this Ordinance, and are approved by the General Counsel of
the District and the officers executing same, such officers= signatures thereon
being conclusive evidence of the approval thereof (the ADistrict Documents@):
(A) Program Participation Agreement dated as of June 1, 2000,
among the Authority, DNR, and the District, in substantially the form
attached hereto as Exhibit A; and
(B) Revolving Fund Agreement dated as of June 1, 2000, among the
Authority, DNR, and the District, in substantially the form attached hereto
as Exhibit B.
Section Two. The District hereby approves the following documents in
substantially the forms attached to this Ordinance with such revisions and
modifications therein as are consistent with the provisions of this Ordinance, and
are approved by the Executive Director, such officer=s signature on the District
Documents being conclusive evidence of the approval thereof:
(A) Note Indenture dated as of June 1, 2000, between the Authority
and State Street Bank and Trust Company of Missouri, N.A., as Trustee (the
ATrustee@), pursuant to which the Authority will issue not to exceed
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Seventy-five Million Dollars ($75,000,000.00) of its Water Pollution Control
Revenue Notes (Clean Water SRF Program) Series 2000A (the ANotes@) to
provide funds in connection with the District=s participation in the Clean
Water SRF Program, in substantially the form attached hereto as Exhibit C;
and
(B) Preliminary Official Statement of the Authority relating to the
Notes, substantially in the form attached hereto as Exhibit D.
Section Three. The obligation of the District to make Advance
Repayments or to make any other payment is not and shall never constitute or
create an indebtedness, liability or moral obligation of the District, or an
indebtedness, liability or obligation of any member, officer, director, employee or
agent of the District in his or her individual capacity, and neither the faith and
credit, nor the taxing power of the District, nor the revenues of the System are
pledged to the payment of Advance Repayments or any other obligation hereunder.
No covenant, stipulation, obligation or agreement contained herein shall be
deemed to be a covenant, stipulation, obligation or agreement of any present or
future trustee, officer, member, director, employee or agent of the District in his or
her individual capacity.
Section Four. The Executive Director, Secretary-Treasurer, and other
appropriate officers, agents and employees of the District are hereby authorized
and directed to take such further actions, and execute those other documents,
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certificates and instruments as may be necessary and desirable to carry out and
comply with the District=s participation in the Clean Water SRF Program and the
intent of this Ordinance and to carry out and comply with and perform the duties
of the District with respect to the District Documents.
The foregoing Ordinance was adopted May 11, 2000 by the following vote –
Ayes – T.W. Purcell, M.G. Reichert, C.D. Seward, P.P. Finn, J.W. Siscel, M.C.
Williams.
Nays – None.
Secretary-Treasurer