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April 11 2019 Closed Session JournalClosed Session Meeting Journal Board of Trustees Meeting, April 11, 2019 CLOSED SESSION TO DISCUSS THE PURCHASE OR SALE OF REAL ESTATE UNDER §610.021(2) AND PERSONNEL ACTIONS UNDER §610.021(3); RSMO 1988 SUPP. Room 110, 3:45 PM Board of Trustees M. E. Yates, Chair A. K. Mandel, Vice -Chair R. L. Bobo J. P. Faul J. I. Singer F. L. Dunlap Staff Members B. L. Hoelscher, Executive Director S.M. Myers, General Counsel T. R. Snoke, Secretary -Treasurer The Board voted to go into closed session at approximately 3:45 p.m. Trustee Bobo made a motion to go into closed session to discuss the purchase or sale of real estate under §610.021(2) and personnel actions under §610.021(3); RSMO 1988 SUPP. The motion was seconded by Trustee Dunlap and approved by unanimous roll call vote. Susan Myers updated the Board on a planned lease assignment with Bruce Oakley, Inc. and Lange-Stegmann Company for the property known and numbered as #1 Angelica Street in the City of St. Louis, MO and presented a proposed ordinance for introduction and adoption, to be made public upon the purchase of Lange-Stegmann Company by Bruce Oakley, Inc. Introduction and Adoption of a Proposed Ordinance authorizing the Executive Director and Secretary -Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a Lease Assignment with Bruce Oakley, Inc. and Lange-Stegmann Company to govern their relationship after the transfer of the rights, duties and obligations of Lange-Stegmann Company to Bruce Oakley, Inc. Motion was made by Trustee Yates, seconded by Trustee Bobo, that the ordinance be Introduced. Motion passed - 6 ayes — 0 nays Poll taken: M. Yates — aye; A. Mandel — aye; R. Bobo — aye; J. Faul — aye; J. Singer — aye; F. Dunlap - aye The Secretary Treasurer asked if there was an objection to the suspension of the rule. Hearing None, Motion was made by Trustee Bobo, seconded by Trustee Dunlap, that the ordinance # 15137 be Adopted. Motion passed - 6 ayes — 0 nays Poll taken: M. Yates — aye; A. Mandel — aye; R. Bobo — aye; J. Faul — aye; J. Singer — aye; F. Dunlap - aye The next item on the agenda related to personnel actions under RsMO 1988 SUPP §610.021(3). Closed session adjourned approximately 4:30 p.m. ATTEST Tim R. Snoke Secretary -Treasurer R DI") AGENDA ITEM NUMBER: Introduction & Adoption of Proposed Ordinance NAME OF PROJECT: Lease Assignment with Bruce Oakley, Inc and Lange-Stegmann Company LOCATION: District Wide TYPE OF PROJECT: NA DEPARTMENT REQUESTING ACTION: General Counsel REQUESTED ACTION: Why is this action necessary?: Authorizes staff to enter into a Lease Assignment with Bruce Oakley, Inc and Lange-Stegmann Company for the property known and numbered as #1 Angelica Street in the City of St. Louis. What does action accomplish?: Memorializes the relationship between the entities after the transfer of Lange- Stegmann's rights, duties and obligations to Bruce Oakley, Inc. SUMMARY EXPLANATION/BACKGROUND: Contractor: NA Previous District Contract: NA Consultant: N/A Agency: N/A Appropriation Amount: N/A Designer's Estimate: NA Total MWBE Participation: NA Type of Contract: Lease Assignment Properties Affected: NA Properties Benefiting: NA Designed by: NA FUNDING/COST SUMMARY: Budgeted: NA Budget Year: NA Amount: NA Fund Name: NA Additional Comments: This Lease Assignment memorializes the relationship between the entities once the transfer of rights, duties and obligations is complete. Bruce Oakley, Inc. is purchasing Lange-Stegmann Company on May 31, 2019. It allows Bruce Oakely, Inc. to continue to use the property for the same purpose that Lange-Stegmann used the property — the receiving, handling, storing and transporting fertilizer. Existing lease allows for assignment by written consent by MSD, which will not be unreasonably withheld. PREVIOUS BOARD ACTION RELATED TO THIS ACTION: 08/27/1980 — Ord. No. 4131 — Original Lease with Lange-Stegmann Company (f/k/a Lange-Stegmann Fertilizer Co.)