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R1312 R E S O L U T I O N NO. 1312 WHEREAS, The Metropolitan St. Louis Sewer District (the "District") by Ordinance No. 2347, adopted on November 2, 1972, authorized the execution of a certain agreement between and among Linclay Development Corporation, the City of Bridgeton and the District, whereby the District, among other obligations, is to apply to the appropriate agencies of the United States and the State of Missouri for grants to pay for a portion of the cost of construction of sewage treatment facilities to serve certain land owned by Linclay Development Corporation and certain land located within the City of Bridgeton (which facilities the District is to construct, own, operate and thereafter maintain); and WHEREAS, said ordinance also authorized the execution of a certain Memorandum of Understanding clarifying the aforesaid agreement; and WHEREAS, the appropriate officials of the District were further authorized to enter into an agreement whereby shares of Bonfils Service Corporation were to be accepted by the District as a gift; and WHEREAS, the aforesaid agreements have been executed by all parties thereto in substantially the form authorized by the aforesaid ordinance; and WHEREAS, it is desirable to ratify and approve all action with respect thereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: 2 1. That the action by the officials of the District in making, executing and delivering a certain agreement dated the 17th day of November, 1972, between and among Linclay Development Corporation, the City of Bridgeton and the District on the terms therein contained and in the form as executed and presented to this meeting be, and the same hereby is, ratified and approved; 2. That a certain Memorandum of Understanding dated the 17th day of November, 1972 between and among Linclay Development Corporation, the City of Bridgeton and the District on the terms therein contained and in the form as executed and presented to this meeting be, and the same hereby is, ratified and approved; 3. That two Deeds of Gift and Acceptance, the first between the District and John J. Fischer, an individual, and the second between the District and Lawrence H. Frichtel, an individual, each of which provides for a gift of 3,533 shares of issued and outstanding shares of Bonfils Service Corporation in the form as executed and presented to this meeting, be and the same hereby are ratified and approved; and 4. That the appropriate officials of the District are hereby authorized and directed to take such further action and to do such further things (including, if and where necessary, appropriate action with respect to the Missouri Public Service Commission), as shall be necessary or appropriate in order to carry out the intent and purpose of the foregoing agreements and resolutions. 3 The foregoing Resolution was adopted November 30, 1972.