HomeMy Public PortalAbout02347 O R D I N A N C E NO. 2347
AN ORDINANCE, authorizing and directing the Chairman of
the Board of Trustees and the Secretary-Treasurer, to make,
execute and deliver, and to attest, a certain Agreement, and a
certain Memorandum of Understanding in clarification thereof,
between and among Linclay Development Corporation ("Linclay"), the
City of Bridgeton ("Bridgeton") and The Metropolitan St. Louis
Sewer District ("District") whereby it is agreed that the District
shall apply to the appropriate agencies of the United States and
the State of Missouri for grants for a portion of the cost of
construction of sewerage treatment facilities to serve property
owned by Linclay and land situated within Bridgeton, which said
facilities the District shall construct, own and operate, and
thereafter maintain on the terms therein contained; and whereby it
is agreed that the District shall request from Linclay such funds
as shall be necessary to prepare for and to construct said
sewerage treatment facility, and shall return and refund to
Linclay any amount advanced in excess of the terms agreed to
therein; and whereby it is further agreed that the District shall
acquire all of the shares of Bonfils Service Corporation
("Bonfils") and thereafter operate and maintain the sewerage
facilities now operated by Bonfils on the terms therein contained,
as well as authorizing and directing said Chairman and Secretary-
Treasurer to make, execute and deliver, and to attest, a certain
Agreement between John J. Fischer and the District providing for
the tender of certain shares of Bonfils Service Corporation held
by John J. Fischer to the District for its acceptance on the terms
therein contained.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEAR DISTRICT:
Section One. The Chairman of the Board of Trustees is
hereby authorized to make, execute and deliver for and on behalf
of the District, and the Secretary-Treasurer is hereby authorized
to attest, a certain Agreement between and among the District,
Linclay and Bridgeton in substantially the form presented therein,
which is attached hereto and incorporated by reference herein as
Exhibit 1, whereby it is agreed that the District shall apply to
the appropriate agencies of the United States and the State of
Missouri for grants for a portion of the cost of construction of
sewerage treatment facilities to serve property owned by Linclay
and land situated within Bridgeton, which said facilities the
District shall construct, own and operate, and thereafter maintain
on the terms therein contained; and whereby it is agreed that the
District shall request from Linclay such funds as shall be
necessary to prepare for and to construct said sewerage treatment
facility, and shall return and refund to Linclay any amount
advanced in excess of the terms agreed to therein; and whereby it
is further agreed that the District shall acquire all of the
shares of Bonfils and thereafter operate and maintain the sewerage
facilities now operated by Bonfils on the terms therein contained.
Section Two. The Chairman of the Board of Trustees is
hereby authorized and directed to make, execute and deliver for
and on behalf of the District, and the Secretary-Treasurer is
3
hereby authorized to attest, a certain Memorandum of Understanding
between and among the District, Linclay and Bridgeton in
clarification of the certain Agreement authorized in Section One
of this Ordinance, in substantially the form presented herein,
which is attached hereto and incorporated by reference herein as
Exhibit 2, whereby certain agreements are made with respect to
connection charges; sewer service charges; all other charges,
assessments and fees payable under the Agreement; allocation of
the capacity of the sewer system contemplated to be built pursuant
to the Agreement between Bridgeton and Linclay; septic tanks and
lagoons; and other incidental obligations of the parties to the
Agreement.
Section Three. The Chairman of the Board of Trustees is
hereby authorized and directed to make, execute and deliver for
and on behalf of the District, and the Secretary-Treasurer is
hereby authorized to attest, a certain Agreement between the
District and John J. Fischer, in substantially the form presented
herein, which is attached hereto and incorporated by reference
herein as Exhibit 3, whereby it is agreed that certain shares of
Bonfils held by John J Fischer will be tendered to the District
for its acceptance on the terms therein contained.
4
The foregoing Ordinance was adopted November 2, 1972.