CITY OF ST. PETERS BOARD OF ALDERMEN TENTATIVE AGENDA FOR REGULAR MEETING CITY HALL, ONE ST. PETERS CENTRE BLVD., ST.

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1 CITY OF ST. PETERS BOARD OF ALDERMEN TENTATIVE AGENDA FOR REGULAR MEETING CITY HALL, ONE ST. PETERS CENTRE BLVD., ST. PETERS, MO July 22, :00 P.M. A. Call to Order, Mayor Len Pagano B. Roll Call C. Opening Ceremonies 1. Invocation 2. Pledge of Allegiance 3. OATH OF OFFICE: Officer John T. Wolf 4. OATH OF OFFICE: Officer Nathan E. Davis 5. Special Presentations by Mayor Pagano D. Approval of Minutes: The Board of Aldermen Work Session Meeting of June 24, 2010 and the regular Board of Aldermen Meeting of June 24, E. Reports of Officers, Boards and Commissions F. Open Forum 1. Mayoral Report of Appointments to Boards and Commissions a. Re-Appointments to the St. Peters Youth Leadership Council 2. City Administrator s Report 3. Report of Director, Planning, Community and Economic Development a. Voluntary Annexation and Zoning Didion-Orf Recycling, Inc. 1. Citizens Petitions and Comments 2. Communications from the Elected Officials 3. Announcements G. Public Hearings: None scheduled H. Unfinished (Old) Business Items: None scheduled

2 I. New Business Items: 1. Bill No : Bill Annexing certain adjacent territory (Didion-Orf Recycling, Inc.) into the City of St. Peters, Missouri 2. Bill No : Bill amending certain sections of the Corporate Limits and Zoning District Map of the City of St. Peters, Missouri, in response to a Voluntary Annexation of property (Didion-Orf Recycling, Inc.) 3. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into a certain Cooperation Agreement with QuikTrip Corporation to close a curb cut off Mid Rivers Mall Drive at the intersection of Willott Road 4. Bill No : Bill authorizing and directing the City Administrator of the City of St. Peters, Missouri, to execute an Amended PUD Agreement with Aventura at Richmond, LLC, for development of Aventura at Richmond 5. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into an agreement with Denise K. Smith and Daniel R. McCulloch, for a Permanent Drainage Easement for a certain section of storm sewer within lot 17 of The Commons subdivision (Della Drive Storm Sewer Improvement Project) 6. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri to enter into a contract with Marr-II Concrete Company for the 2010 Sidewalk Replacement Program 7. Bill No : Bill authorizing the City Administrator of the City of St. Peters, to execute an agreement with Pipe Works Utilities LLC for construction of the Emerald Cove District Sewer Sanitary Lift Station and Force Main Project 8. Bill No : Bill authorizing the City Administrator of the City of St. Peters, to execute an agreement with Kolb Grading for construction of the Premier 370 Water Line Boring Project 9. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into easement agreements for the Salt River Road Improvements Project 10. Bill No : Bill authorizing the City Administrator of the City of St. Peters, to execute an agreement with Millstone Bangert, Inc. for construction of the Salt River Road Phase III Paving Project 11. Bill No : Bill approving a record plat within the City of St. Peters, Missouri, for the purpose of recording in St. Charles County, Missouri (Emerald Cove Commercial Plat One) 12. Bill No : Bill Authorizing and directing the City Administrator of the City of St. Peters, Missouri, to execute an Amended and Restated PUD Agreement with PDIL, LLC for development of Emerald Cove 13. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to accept conveyance of Fee Simple Title via a Special Warranty Deed and to enter into a Service Extension agreement, an Access Easement Grant, a Sanitary Sewer Easement Grant, and a Electric Utility Easement Grant with PDIL, LLC for construction of a sanitary sewer system within the Emerald Cove District Sewers Last printed 7/16/2010 1:59:00 PM

3 14. Bill No : Bill authorizing the City Administrator of the City of St. Peters, Missouri, to enter into a Temporary Grading Easement Grant Agreement with PDIL, LLC for construction of a sanitary sewer system within the Emerald Cove District Sewers 15. Bill No : Bill enacting a new Section of the City Code; imposing a tax on the charges for all sleeping rooms paid by the transient guests of hotels or motels situated in the City of St. Peters, Missouri, at a rate of 5% for the sole purpose of promoting tourism, pursuant to the authority granted by and subject to the provisions of Section , RSMo.; and providing for submission of the same to the qualified voters of the City for their approval at the General State Election called and to be held in the City on the 2nd day of November, 2010 J. Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6) K. Adjournment AGENDA Posted: July 19, 2010 By: R. Shaw, City Clerk Next Regular Board of Aldermen Meeting: August 12, 2010 Last printed 7/16/2010 1:59:00 PM

4 CITY OF ST. PETERS BOARD OF ALDERMEN WORK SESSION MINUTES JUNE 24, 2010 BOARD OF ALDERMEN ITEMS FOR DISCUSSION The Work Session was called to order at approximately 5:00 p.m. on Thursday, June 24, 2010 at City Hall located at 1 St. Peters Centre Boulevard. The following were present: President of the Board of Aldermen, Alderman Bateman; Alderman Reitmeyer; Alderman Thomas; Alderman Hollingsworth; Alderman Elliott; Alderman Roberts; Alderman Barclay; Alderman Aytes; Bill Charnisky, City Administrator; Tim Wilkinson, Assistant City Administrator; Russ Batzel, Public Works Services Manager; Jeff Hutsler, Parks and Recreation Services Manager; Cathy Pratt, Engineering and Development Services Manager; Ron Darling, Health and Environmental Services Manager; Tom Bishop, Chief of Police; Randy Weber, Special Counsel; and Rhonda Shaw, City Clerk. Mayor Pagano was absent. COMMUNICATIONS FROM BOARD OF ALDERMEN MEMBERS/ALDERMANIC REPRESENTATIVES COMMITTEE REPORTS Committee reports were given during this time. BOA ITEMS FOR DISCUSSION No items scheduled for discussion. MAYOR/CITY ADMINISTRATOR ITEMS Draft Alderman Elliott moved and Alderman Hollingsworth seconded the motion to remove Resolution Supporting Construction of 40/61 Missouri River Bridge Crossing from the agenda for discussion. The motion was approved. RESOLUTION SUPPORTING CONSTRUCTION OF 40/61 MISSOURI RIVER BRIDGE CROSSING MAYOR/BATEMAN Mr. Charnisky presented this item in the Mayors absence. He provided a brief explanation and history of the Resolution in support of the construction of a new Route 40/61 Missouri River Bridge Crossing. A map of the Avenue of Saints and the High Tech Corridor was presented on the overhead and a brief discussion was held. This is Business Item I-2 on tonight s Board of Aldermen meeting agenda for consideration. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to remove Amendment to Site Agreement/Laurel Park from the agenda for discussion. The motion was approved. AMENDMENT TO SITE AGREEMENT/LAUREL PARK PRATT Ms. Pratt explained that in 2005, the City entered into an agreement with Spring Spectrum for a stealth tower (flagpole) in Laurel Park, which was approved by the Planning & Zoning

5 City of St. Peters: Board of Aldermen Work Session Minutes June 24, 2010 Page 2 of 6 Commission as a use approval with a height limitation to 100 feet. The tower was installed and the agreed upon park improvements have been installed. Currently, Sprint is requesting assignment of their interests to TowerCo, who will then sublease a portion of the site to Clearwire. This will allow the tower to be used by another provider which will provide the City an additional $400 per month revenue. The amended agreement has been reviewed by the City s Legal Counsel and with TowerCo s legal representation. No further discussion was held. This is Business Item I-12 on tonight s Board of Aldermen meeting agenda for consideration. Alderman Thomas moved and Alderman Elliott seconded the motion to remove CBL Mall CID Improvements Update from the agenda for discussion. The motion was approved. Draft CBL MALL CID IMPROVEMENTS UPDATE PRATT Ms. Pratt introduced Matt Phillips, CBL Properties representative, who made a brief PowerPoint presentation to review the progress and plans for the Community Improvement District (CID) improvements at Mid Rivers Mall and an update on the issuance of $4.6 million in CID bonds in October His presentation included three areas of improvements to the mall, which are as follows: front entrance between Qdoba and Max & Erma s Restaurants; Pylon sign along Interstate 70; and functionality of the mall with respect to traffic flow, ingress and egress onto Mid Rivers Mall Drive and landscape improvements. Questions from the Aldermen were addressed. Ms. Pratt commended Mr. Phillips and CBL for their commitment and support with the City on these improvements, including the shared parking lot. No further Board of Aldermen action is required at this time. Alderman Hollingsworth moved and Alderman Elliott seconded the motion to remove Overview and Public Hearing FY10/11 Annual Action Plan from the agenda for discussion. The motion was approved. OVERVIEW AND PUBLIC HEARING FY10/11 ANNUAL ACTION PLAN PRATT Ms. Pratt advised that on tonight s Board of Aldermen meeting agenda, a Public Hearing will be held to outline the City s plans and invite public comments and input regarding the City s Community Development Block Grant funding for FY10/11, which begins October 1, This funding is in addition to the City s agreement with St. Charles County for CDBG funding, which begins January 1, A 30 day public comment period on the City s proposed plan will begin, before submittal to HUD in mid August. This proposed plan will come back to the Board of Aldermen for review in August Ms. Pratt presented the proposed action plan, which is attached hereto and made part of the minutes. The Public Hearing is on tonight s Board of Aldermen meeting agenda. Alderman Reitmeyer moved and Alderman Barclay seconded the motion to remove Discussion/Code Amendments related to Grass/Weeds from the agenda for discussion. The motion was approved.

6 City of St. Peters: Board of Aldermen Work Session Minutes June 24, 2010 Page 3 of 6 DISCUSSION/CODE AMENDMENTS RELATED TO GRASS/WEEDS PRATT Ms. Pratt advised that large residential development property owners have requested staff to consider changes to the current city code regarding grass/weeds on residential property when the subdivision is under construction. Ms. Pratt informed that the cities of O Fallon and Wentzville have recently made changes to their code similar to the following proposed changes: platted residential lots that are adjacent to or abutting a developed lot (a lot with a structure) must be maintained at the maximum seven inch height. On platted lots or areas which are not adjacent to a developed lot, the grass/weeds would have to be cut back at least sixteen feet from the street pavement edge. The balance of the site would not be required to be cut to the maximum seven inch height. Common ground that is adjacent to developed lots should be maintained to the seven inch maximum height unless it has Draft been approved for a wildflower or natural grass area or is part of the flood plain or naturalized areas not required to be cut by code; on undeveloped lots, whether residential or non-residential, the grass/weeds must be cut back at least sixteen feet from the street pavement edge and any property line which abuts a developed lot whether commercial or residential. The balance of the site may exceed the twelve inch maximum height. A discussion was held and questions were addressed by staff. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion for staff to relax the enforcement of City Code Section (H)(1) for 30 days, and apply a policy similar to the City of Wentzville, where All lots adjacent to a structure must be completely mowed and maintained not to exceed 8 inches in height. A 16 foot perimeter from the street and property line on vacant lots must be mowed and maintained not to exceed 12 inches in height; and, vacant lots, when not adjacent to a structure, may be combined to allow for the mowing of only the front and rear property line for the first 16 feet. The vote was unclear and Alderman Hollingsworth moved for a roll call vote and Alderman Elliott seconded the motion. The motion was approved and a roll call vote followed: Aytes: Yes; Elliott: No; Thomas: Yes; Barclay: Yes; Roberts: No; Hollingsworth: Yes; Reitmeyer: Yes; and Bateman: No. 5 Yes and 3 No. The motion was approved. This item will be placed on a future Board of Aldermen meeting agenda for consideration. Alderman Elliott moved and Alderman Barclay seconded the motion to remove Water Well Supply Study from the agenda for discussion. The motion was approved. WATER WELL SUPPLY STUDY BATZEL Mr. Batzel advised that the City received and evaluated proposals from four engineering consulting firms for the Water Well Field Replacement Study to evaluate the performance of the existing water well supply and determine the best location where to place and develop a constructible, cost-effective plan for water well replacement to serve the City s residents and provide a long term reliable water supply. Staff recommends negotiating an engineering services agreement with Black & Veatch in an amount not to exceed $100,000 as budgeted in the 2010 Water/Sewer Fund. Questions from the Board of Aldermen were addressed. This is Business Item I-13 on tonight s Board of Aldermen meeting agenda for consideration.

7 City of St. Peters: Board of Aldermen Work Session Minutes June 24, 2010 Page 4 of 6 Alderman Elliott moved and Alderman Barclay seconded the motion to remove Update/Emerald Cove District Sewers from the agenda for discussion. The motion was approved. UPDATE/EMERALD COVE DISTRICT SEWERS BATZEL Mr. Batzel gave an update on the progress being made on the Emerald Cove District Sewers which was passed by ordinance at the May 27, 2010 Board of Aldermen meeting. He displayed a map of the District Sewer area in the northwest corner of the City bounded by I-70 and Belleau Creek Road in the Estates of Chateau Woods Subdivision. Staff has completed plans and specifications for this project, which is currently out for bid and will receive bids on July 2, Mr. Batzel stated the bids will be reported back to the Board of Aldermen at their next meeting on July 22, The engineers estimate for this project is $480,000 and a notice has been published in the newspaper about the creation of the District Sewers, which the City has complied with its requirements of the recently passed ordinance. This item will be placed on the next Board of Aldermen meeting agenda on July 22, 2010 for consideration. Alderman Hollingsworth moved and Alderman Thomas seconded the motion to remove Road Relinquishment Agreement for Page Avenue Project from the agenda for discussion. The motion was approved. ROAD RELINQUISHMENT AGREEMENT FOR PAGE AVE PROJECT BATZEL Mr. Batzel explained the draft ordinance and agreement with MoDOT for the Page Avenue Project and displayed a map of the new outer road system which MoDOT will be constructing partially over City road right-of-way. Additionally, they are using City right-ofway and relinquishing MoDOT right-of-way to the City with the realignment of Mid Rivers Mall Drive. The purpose of the agreement is to document this transfer of property in order for MoDOT to proceed with this project. This is Business Item I-14 on tonight s Board of Aldermen meeting agenda for consideration. Draft Alderman Elliott moved and Alderman Aytes seconded the motion to remove Secretary of State/Records Retention Schedules from the agenda for discussion. The motion was approved. SECRETARY OF STATE/RECORDS RETENTION SCHEDULES SHAW Ms. Shaw advised that the destruction of records schedule is set by the Secretary of State, which states the following: the disposition of records should be recorded in a document such as the minutes of the Board of Aldermen or other legally constituted authority that has permanent record status. The record should include the description and quantity of each record series disposed of, manner of destruction, inclusive dates covered and the date on which the destruction was completed. Ms. Shaw stated that the destruction of records forms provided in this evening s meeting packet necessitate being entered and made a part of the minutes of the Board of Aldermen. Alderman Barclay moved and Alderman Hollingsworth seconded the motion to accept the City Clerk s report regarding the destruction of record forms that are attached in the Work Session packet and to be entered

8 City of St. Peters: Board of Aldermen Work Session Minutes June 24, 2010 Page 5 of 6 into the minutes of the Board of Aldermen. The motion was approved. No further action is required from the Board of Aldermen regarding this item. MISCELLANEOUS UPDATES Charnisky Mr. Charnisky reported that the sign committee met and selected a monument sign concept, as part of the 100 year celebration initiative previously approved by the Board of Aldermen for funding and erection of these signs. The committee chose Cave Springs and the entrance to the City as the first location. Renderings will be presented at a future Board of Aldermen meeting. Funding will include one sign each year as part of the City s enhancement budget and determined in the 5 year plan for placement of these signs. This plan is contingent upon agreement from MoDOT. There was a general discussion regarding proposed entrance signs and the current subdivision signs, however, this will be discussed during the City s budget meetings if further discussion is necessary. Ms. Pratt advised that Business item I-09, PUD for Willott Square, is on this evening s agenda for specific amendments regarding square foot size, etc. A subdivision meeting was held last night with Windstream and she stated the residents of that subdivision have consented and support these amendments. Ms. Pratt reported that QuikTrip Corporation at Willott Road and Mid Rivers Mall Drive has agreed to close the entrance closest to Willott Road on Mid Rivers Mall Drive, contingent upon the City allowing QuikTrip Corporation to hire the contractor and be in control of the construction project, while allowing the City approval over the selection of the contractor. The City will reimburse QuikTrip. The City is currently checking for eligibility for county funding and a draft agreement will be presented for consideration at the July 22, 2010 Board of Aldermen meeting. A general discussion was held. Draft BOARD OF ALDERMEN MEETING AGENDA ITEM REVISIONS Charnisky Mr. Charnisky advised that an updated draft agreement to Business Item I-14 has been handed out this evening. Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6) Alderman Hollingsworth moved and Alderman Elliott seconded the motion to enter Executive Session re: Litigation, Real Estate and Personnel, pursuant to Section (1)(2)(3)(9)(12)(13)(14) & (1-6). With the motion approved, the Board of Aldermen entered Executive Session at approximately 6:35 p.m. Roll Call was taken as follows: President of the Board of Aldermen, Alderman Bateman: yes; Alderman Reitmeyer: yes; Alderman Thomas: yes; Alderman Hollingsworth: yes; Alderman Elliott: yes; Alderman Roberts: yes; Alderman Barclay: yes; Alderman Aytes: yes. ADJOURNMENT OF THE EXECUTIVE SESSION AND THE WORK SESSION Alderman Hollingsworth moved and Alderman Barclay seconded the motion to adjourn the Executive Session and the Work Session meeting. The motion carried and the Executive

9 City of St. Peters: Board of Aldermen Work Session Minutes June 24, 2010 Page 6 of 6 Session and the Work Session adjourned at approximately 6:58 p.m. with Roll Call shown as follows: President of the Board of Aldermen, Alderman Bateman, yes; Alderman Reitmeyer, yes; Alderman Thomas, yes; Alderman Hollingsworth, yes; Alderman Elliott, yes; Alderman Roberts, yes; Alderman Barclay: yes; Alderman Aytes, yes. Submitted by, Rhonda Fleming Shaw City Clerk Draft

10 Estimated FY10 Community Development Block Grant Loan $205,416 Home Improvement Loan Program $135, = 27 spots Provides up to $ as a 0% interest forgivable loan Residents can use the funds for home improvement projects approved by they City of St. Peters Emergency Repair Program $5, = 1-2 spots Provides up to $ as a 0% interest forgivable loan Residents can use the funds for emergency repairs (water, sewer ect.) Transportation Program $28, Funds go toward contract with OATS- July 1, 2010-June 30, 2011 Community Services Program $2, = 10 spots Provides Lawn Mowing Services to eligible St. Peters residents Residents receive up to 7 mowings b/w April and Oct Home Ownership Program $13, = 2 spots Provides up to $ as a 0% interest forgivable loan toward down payment and closing cost assistance for those eligible & purchasing a home in St. Peters. Property Maintenance Program $10,000.00= 3 spots Provides funds to address exterior code violations to eligible St. Peters residents Applicants must be recommended by city inspector Code Enforcement Inspector $ Provides funding to cover inspections Draft Planning-Contract with the Community Council of St. Charles County for plan data-$6, The City completes required plans for the U.S. Department of Housing and Urban Development that requires data collected by the Community Council of St. Charles County. Administration $4, Provides funding to help city meet obligation to affirmatively further fair housing through trainings, seminars & outreach Provide funding to cover recording fees & postage for plan submittals.

11 CITY OF ST. PETERS CITY HALL BOARD OF ALDERMEN MINUTES JUNE 24, 2010 CALL TO ORDER Alderman Bateman, President of the Board of Aldermen, called the Board of Aldermen meeting to order at approximately 7:00 p.m. on June 24, 2010, at City Hall located at 1 St. Peters Centre Boulevard followed by the invocation by Pastor Steve Koeneman. The Pledge of Allegiance was led by Boy Scout Troop 35. Rhonda Shaw, City Clerk, called the roll. Present were: President of the Board of Aldermen, Alderman Bateman; Alderman Reitmeyer; Alderman Thomas; Alderman Hollingsworth; Alderman Roberts; Alderman Elliott; Alderman Barclay; Alderman Aytes; Bill Charnisky, City Administrator; Tom Bishop, Chief of Police; Randy Weber, Special Counsel. Mayor Pagano was absent. OATH OF OFFICE: OFFICER JOHN T. WOLF The Oath of Office for Officer John T. Wolf will be placed on the next Board of Aldermen Meeting agenda for July 22, APPROVAL OF MINUTES: THE BOARD OF ALDERMEN WORK SESSION MEETING OF MAY 27, 2010 AND THE REGULAR BOARD OF ALDERMEN MEETING OF MAY 27, 2010 Alderman Elliott moved and Alderman Hollingsworth seconded the motion to approve the minutes of the Work Session meeting of May 27, 2010 and the regular Board of Aldermen meeting of May 27, The motion carried and the minutes were approved. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Draft MAYORAL REPORT OF APPOINTMENTS TO BOARDS AND COMMISSIONS APPOINTMENT TO THE GOLF CITIZENS MONITORING COMMITTEE Alderman Hollingsworth moved and Alderman Thomas seconded the motion to appoint Lawrence Larry Layton, 919 Shady Path Drive, Ward 2, as a member to the Golf Citizens Monitoring Committee for the term effective immediately. The motion was approved. APPOINTMENTS AND RE-APPOINTMENTS TO THE SENIOR ADVISORY COMMITTEE Alderman Elliott moved and Alderman Reitmeyer seconded the motion to appoint Tony Lepski, 146 Braewood Circle, Ward 3, as a member to the Senior Advisory Committee, for the term effective July 1, 2010 and expiring June 30, 2012; Alderman Elliott moved and Alderman Roberts seconded the motion to re-appointment John Jack Anderson, Chairperson, 1418 Ticonderoga Drive, Ward 3; George Steiger, Vice-Chairperson, 511 Starwood Drive, Ward 1; Patricia Schettler, 151 Braewood Circle, Ward 3; Judith Rinesmith, 23 Spanish Trail, Ward 1; and Maribeth Huddleston, 109 Windler Court, Ward 3, as members to the Senior Advisory Committee for the term effective July 1, 2010 and expiring June 30, The motion was approved.

12 Board of Aldermen Minutes: City of St. Peters June 24, 2010 Page 2 of 8 CITY ADMINISTRATOR S REPORT None REPORT OF DIRECTOR OF PLANNING, COMMUNITY AND ECONOMIC DEVELOPMENT REZONING PETITION WAMEC PROPERTIES, LLC Julie Powers gave the presentation on Petition WAMEC Properties, LLC: A request for a change of zoning from the C-2 Community Commercial District to CPD Commercial Planned District for a /- acre parcel. The property is located on the west side of Jungermann Road, north of Sutters Mill Road, more commonly known as 500 Jungermann Road. (Ward 3) Ms. Powers advised that the Planning & Zoning Commission recommended approval at their meeting on June 2, Property owner, Wayne Stumpf and Carla Campbell, President of House of Refuge Ministries were present and gave a brief overview of the business activity, an upscale resale boutique. OPEN FORUM CITIZENS PETITIONS AND COMMENTS None COMMUNICATIONS FROM THE ELECTED OFFICIALS Elected Officials made comments during this time. ANNOUNCEMENTS PUBLIC HEARINGS: Draft COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PLAN FOR FY10/11 President of the Board, Alderman Bateman opened the Public Hearing and Ms. Pratt presented the CDBG annual plan for FY10/11 and informed the citizens that the preliminary draft of the City s Annual Action Plan will be available July 1, 2010; and a 30 day comment period and additional opportunity to have comment on that plan begins July 1, Being no comments or concerns, President of the Board, Alderman Bateman closed the Public Hearing. DIDION-ORF RECYCLING, INC. VOLUNTARY ANNEXATION President of the Board, Alderman Bateman opened the Public Hearing and Ms. Powers presented the above Voluntary Annexation for Didion-Orf Recycling, Inc. located on Ecology Drive. A site plan of a building for recycling of computers has been submitted. Being no comments or concerns President of the Board, Alderman Bateman closed the Public Hearing. UNFINISHED (OLD) BUSINESS ITEMS: None scheduled

13 Board of Aldermen Minutes: City of St. Peters June 24, 2010 Page 3 of 8 NEW BUSINESS ITEMS Alderman Elliott moved and Alderman Hollingsworth seconded the motion to suspend the regular order of business to Business Items I-09 and I-07. The motion was approved. Ms. Pratt handed out to the Board of Aldermen the position of the Woodstream Condominium Association regarding the amendment for the fencing. They were unable to meet the 7 p.m. Public Comment Card deadline and asked Ms. Pratt to relay their position on their primary concern with the fencing. Alderman Hollingsworth added that he spoke with McBride Home Builders and they reassured that the fence will be completed for the Windstream residents. MOTION/APPROVED: BILL NO : ORDINANCE NO. 5423: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO EXECUTE AN AMENDED Draft PUD AGREEMENT WITH ESTEEM HOMES FOR DEVELOPMENT OF WILLOTT SQUARE Alderman Aytes moved and Alderman Hollingsworth seconded the motion to introduce the Bill. The motion carried. Alderman Aytes moved and Alderman Hollingsworth seconded the motion to read Bill No for the first time. The motion carried and Alderman Aytes read the Bill. Alderman Elliott moved and Alderman Hollingsworth seconded the motion to read the Bill for the second time. The motion carried and Alderman Elliott read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5424: AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF ST. PETERS, MISSOURI; TITLE IV: LAND USE PERTAINING TO ZONING AND SUBDIVISION REGULATIONS WITHIN SAID CITY IN RESPONSE TO REZONING PETITION NUMBER FILED BY WAMEC PROPERTIES, LLC (500 JUNGERMANN ROAD) REQUESTING CERTAIN CHANGES IN THE DESIGNATED DISTRICTS IN CERTAIN SECTIONS OF SAID CITY Alderman Elliott moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Elliott moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Elliott moved and Alderman Barclay seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: Alderman Aytes and Alderman Hollingsworth stepped out of the meeting in progress at approximately 7:28 p.m.

14 Board of Aldermen Minutes: City of St. Peters June 24, 2010 Page 4 of 8 Alderman Elliott moved and Alderman Roberts seconded the motion to resume to the regular order of business and move to Business Item I-01. The motion was approved. MOTION/ADOPTED: RESOLUTION NO. 1430: RESOLUTION IN SUPPORT OF THE BACKSTOPPERS SHOOT-OUT BOAT RACE FUNDRAISER SET FOR JULY 10, 2010 [SPONSOR: MAYOR] Alderman Elliott moved and Alderman Roberts seconded the motion to introduce the Resolution. The motion carried. Alderman Elliott moved and Alderman Roberts seconded the motion to read Resolution No for the first time. The motion carried and Alderman Reitmeyer read the Resolution. Alderman Aytes and Alderman Hollingsworth returned to the meeting in progress at approximately 7:30 p.m. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Resolution to a final vote. The motion was approved and Resolution No was adopted. Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/ADOPTED: RESOLUTION NO. 1431: RESOLUTION IN SUPPORT OF THE CONSTRUCTION OF A NEW ROUTE 40/61 MISSOURI RIVER BRIDGE CROSSING [SPONSORS: MAYOR] Alderman Hollingsworth moved and Alderman Elliott seconded the motion to introduce the Resolution. The motion carried. Alderman Hollingsworth moved and Alderman Elliott seconded the motion to read Resolution No for the first time. The motion carried and Alderman Hollingsworth read the Resolution. Alderman Elliott moved and Alderman Reitmeyer seconded the motion to put the Resolution to a final vote. The motion was approved and Resolution No was adopted. Draft Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/ADOPTED: RESOLUTION NO. 1432: RESOLUTION REQUESTING ENACTMENT OF A WATER SERVICE LINE INSURANCE PROGRAM TO REPAIR LATERAL WATER SERVICE LINES FOR CERTAIN RESIDENTIAL PROPERTY [SPONSORS: ROBERTS/AYTES] Alderman Roberts moved and Alderman Hollingsworth seconded the motion to introduce the Resolution. The motion carried. Alderman Roberts moved and Alderman Hollingsworth seconded the motion to read Resolution No for the first time. The motion carried and Alderman Roberts read the Resolution. Alderman Hollingsworth moved and Alderman Aytes seconded the motion to put the Resolution to a final vote. The motion was approved and Resolution No was adopted. Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5425: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO

15 Board of Aldermen Minutes: City of St. Peters June 24, 2010 Page 5 of 8 EXECUTE A CONTRACT FOR THE UNDERGROUND ELECTRICAL CONDUIT CONSTRUCTION PROJECT OLD TOWN IMPROVEMENT PROJECT Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read Bill No for the first time. The motion carried and Alderman Barclay read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5426: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT WITH MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND NORFOLK SOUTHERN RAILWAY COMPANY FOR CERTAIN HIGHWAY/RAIL CROSSING IMPROVEMENTS Alderman Hollingsworth moved and Alderman Roberts seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Roberts seconded the motion to read Bill No for the first time. The motion carried and Alderman Elliott read the Bill. Alderman Aytes moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Elliott moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Draft Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5427: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT WITH LAKESIDE 370, LLC FOR CERTAIN HIGHWAY/RAIL CROSSING IMPROVEMENTS Alderman Hollingsworth moved and Alderman Aytes seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Aytes seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR:

16 Board of Aldermen Minutes: City of St. Peters June 24, 2010 Page 6 of 8 MOTION/APPROVED: BILL NO : ORDINANCE NO. 5428: AN ORDINANCE APPROVING A RECORD PLAT WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (RESUBDIVISION OF LOT 1 AND 5 OF ST. PETERS TRADE CENTER) Alderman Hollingsworth moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to read Bill No for the first time. The motion carried and Alderman Roberts read the Bill. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to read the Bill for the second time. The motion carried and Alderman Barclay read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5429: AN ORDINANCE PROVIDING FOR AND AUTHORIZING THE MAYOR OF THE CITY OF ST. PETERS, MISSOURI TO AMEND A CONTRACT AGREEMENT WITH ST. CHARLES COUNTY, MISSOURI, FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS TO DETERMINE IF LOW COST IMPROVEMENTS CAN BE MADE TO REDUCE CONGESTION AND IMPROVE TRAFFIC OPERATIONS AT THE I-70 AND SALT LICK ROAD INTERCHANGE Alderman Elliott moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Barclay seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Hollingsworth moved and Alderman Elliott seconded the motion to read the Bill for the second time. The motion carried and Alderman Elliott read the Bill. Alderman Elliott moved and Alderman Barclay seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Draft Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5430: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT AMENDMENT FOR THE MID RIVERS MALL DRIVE & I-70 INTERCHANGE STUDY PROJECT Alderman Elliott moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Barclay seconded the motion to read Bill No for the first time. The motion carried and Alderman Elliott read the Bill. Alderman Elliott moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Aytes read the Bill. Alderman Hollingsworth moved and Alderman Barclay seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No

17 Board of Aldermen Minutes: City of St. Peters June 24, 2010 Page 7 of 8 Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5431: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN AMENDMENT TO SITE AGREEMENT WITH TOWERCO ASSETS, LLC (LAUREL PARK) Alderman Barclay moved and Alderman Aytes seconded the motion to introduce the Bill. The motion carried. Alderman Barclay moved and Alderman Aytes seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Reitmeyer moved and Alderman Aytes seconded the motion to read the Bill for the second time. The motion carried and Alderman Hollingsworth read the Bill. Alderman Aytes moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5432: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES FOR THE WATER WELL FIELD REPLACEMENT STUDY PROJECT Alderman Roberts moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Roberts moved and Alderman Barclay seconded the motion to read Bill No for the first time. The motion carried and Alderman Thomas read the Bill. Alderman Elliott moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Roberts read the Bill. Alderman Thomas moved and Alderman Reitmeyer seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Draft Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: MOTION/APPROVED: BILL NO : ORDINANCE NO. 5433: AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A MUNICIPAL/ROAD RELINQUISHMENT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR CONSTRUCTION OF IMPROVEMENTS FOR THE PAGE AVENUE EXTENSION PROJECT Alderman Elliott moved and Alderman Barclay seconded the motion to introduce the Bill. The motion carried. Alderman Elliott moved and Alderman Barclay seconded the motion to read Bill No for the first time. The motion carried and Alderman Reitmeyer read the Bill. Alderman Hollingsworth moved and Alderman Reitmeyer seconded the motion to read the Bill for the second time. The motion carried and Alderman Elliott read the Bill. Alderman Hollingsworth moved and

18 Board of Aldermen Minutes: City of St. Peters June 24, 2010 Page 8 of 8 Alderman Reitmeyer seconded the motion to put the Bill to a final vote. The motion was approved and Bill No was passed becoming Ordinance No Bateman: Yes Hollingsworth: Yes Barclay: Yes Roberts: Yes Reitmeyer: Yes Thomas: Yes Elliott: Yes Aytes: Yes AYES: 8 NAYS: 0 ABSTENTIONS: 0 ABSENT: 0 MAYOR: EXECUTIVE SESSION RE: LITIGATION, REAL ESTATE AND PERSONNEL, PURSUANT TO SECTION (1)(2)(3)(9)(12)(13)(14) & (1-6) No Executive Session was called at this time. ADJOURNMENT Alderman Hollingsworth moved and Alderman Barclay seconded the motion to adjourn the Regular Board of Aldermen meeting. The motion was approved and the Regular Board of Aldermen meeting was adjourned at approximately 7:57 p.m. Respectfully submitted, Rhonda Fleming Shaw City Clerk Draft

19

20

21 NOTICE OF INTENT TO ESTABLISH ZONING CLASSIFICATION OF NEWLY ANNEXED PROPERTY The Planning and Zoning Commission of the City of St. Peters will hold a public hearing at 6:30 p.m. on July 7, 2010 at City Hall. City Hall is located at Mexico Road and St. Peters Centre Boulevard. The Planning and Zoning Commission may recommend and the Board of Aldermen may enact by ordinance the zoning classifications for the newly annexed properties briefly described below. Complete legal descriptions of the properties are available for review at City Hall. All interested citizens will have the opportunity to give written and oral comment. Persons with disabilities needing assistance should contact the City before the meeting by calling or writing to the City Administrator at P.O. Box 9, St. Peters, MO, 63376, or Owner Description Approximate Acreage Recommended Zoning Didion Orf Recycling, Inc. South side of Didion Drive, east of Mid Rivers Mall Drive 2.5 +/- I-2 Heavy Industrial District A detailed legal description of this property is available at St. Peters City Hall, One St. Peters Centre Boulevard. Done by order of the Board of Aldermen. Rhonda Shaw Rhonda Shaw, City Clerk

22 G R D! 175! 260! ! DIDIO N DR EC O LO G Y D R! 167! 171 Site! 169! 161!! 111 M ID R IV ER S TR A D E C T!! M ID R IV ER S M A LL D R! 208! 206 I-7 0 S E R V I C E R D! 516 0! 516 0! 514 0! E B N Didion-Orf Recycling Inc. Annexation

23 BILL NO I-01 ORDINANCE NO. AN ORDINANCE ANNEXING CERTAIN ADJACENT TERRITORY (DIDION-ORF RECYCLING, INC.) INTO THE CITY OF ST. PETERS, MISSOURI WHEREAS, on May 27, 2010, a verified petition signed by all of the owners of the real estate hereinafter described requesting annexation of said territories into the City of St. Peters, Missouri, were filed with the City Clerk; and Draft WHEREAS, said real estate as hereinafter described is adjacent and contiguous to the present corporate limits of the City of St. Peters, Missouri; and WHEREAS, a Public Hearing concerning said matter was held at the City Hall in St. Peters, Missouri, at the hour of 7:00 p.m. on June 24, 2010; and WHEREAS, notice of said Public Hearing was given by publication of notice at least seven (7) days prior to the hearing in the St. Charles Post, a newspaper of general circulation in the County of St. Charles, State of Missouri; and WHEREAS, at said Public Hearing, all interested persons, corporations or political subdivisions were afforded the opportunity to present evidence regarding the proposed annexations; and WHEREAS, no written objection to the proposed annexations were filed with the Board of Aldermen of the City of St. Peters, Missouri within fourteen (14) days after the public hearing; and

24 WHEREAS, the Board of Aldermen of the City of St. Peters, Missouri, does find and determine that said annexations are reasonable and necessary to the proper development of the City; and WHEREAS, the City of St. Peters, Missouri, is able to furnish normal municipal services to said areas within a reasonable time after annexation; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI AS FOLLOWS: SECTION 1. Pursuant to the provisions of Section RSMo 2000, the following described real estate is hereby annexed into the City of St. Peters, Missouri, to wit: Legal Description Didion-Orf Recycling, Inc ACRES A tract of land being part of Lot 1 and Lot 2 of a subdivision of U.S. Survey 1786 as recorded in Book T, Page 567 of the St. Charles County, Missouri Records and part of U.S. Survey 1754, and also being part of a larger tract of land conveyed to The Kuhlmann Partnership, L.P. as recorded in Deed Book 1986, Page 1480 of above said records, and being in Township 47 North, Range 4 East, St. Charles County, Missouri, and being more particularly described as follows: COMMENCING at the northeast corner of Lot 4 of the subdivision of U.S. Survey 1786, as recorded in Book T, Page 467 of the St. Charles County, Missouri Records, said point being on the western line of St. Peters Environmental Park, as recorded in Book 33, Page 388 of said Records; thence along the western line of said St. Peters Environmental Park South 27 degrees 46 minutes 24 seconds West a distance of feet to a point on the southern right-of-way line of Ecology Drive (50 feet wide), as established in Book 1746, Page 936 of said Records, said point also being the northwest corner of Adjusted Lot 1 of St. Peters Environmental Park Plat Two, a subdivision as recorded in Plat Book 37, Pages 182 and 183 of said Records; thence along the western line of said Adjusted Lot 1 and the western line of property as conveyed to the City of St. Peters, as recorded in Book 651, Page 1559 of said Records South 27 degrees 46 minutes 24 seconds West a distance of feet to a point on the northern right-of-way line of the Norfolk and Western Railroad; thence along said right-of-way line, along a curve to the right having a radius of feet, an arc length of feet, the chord of which bears North 79 degrees 56 minutes 03 seconds West a chord distance of feet; thence departing said curve and continuing along said right-of-way line North 77 degrees 57 minutes 41 seconds West a distance of feet to the POINT OF BEGINNING of the herein described tract of land; thence continuing along said right-of-way line North 77 degrees 57 minutes 41 seconds West a distance of feet to a point; thence North 68 degrees 05 minutes 03 seconds West a distance of feet to a point; thence leaving the northern right-of-way line of the said Norfolk and Western Railroad through said The Kuhlmann Partnership, L.P. property North 14 degrees 00 minutes 07 seconds East a distance of feet to a point on the southern line of property now or formerly of Central County Fire and Rescue as recorded in Book 3403, Page 1829 of said St. Charles County, Missouri Records and also being the westernmost corner of property now or formerly Didion Orf Recycling, Inc. as recorded in Book 2843, Page 1818 of the Draft

25 said St. Charles County, Missouri Records; thence leaving said point along the southern line of said Didion Orf Recycling, Inc. property and the northern line of said The Kuhlmann Partnership, L.P. property South 61 degrees 19 minutes 03 seconds East a distance of feet to a point marking the northeast corner of said The Kuhlmann Partnership, L.P. property; thence along the eastern line of said The Kuhlmann Partnership, L.P. property South 25 degrees 40 minutes 57 seconds West a distance of feet back to the POINT OF BEGINNING and containing 108,900 square feet of 2.50 acres more or less. together with the street and road rights-of-way abutting said property. SECTION 2. The boundaries of the City of St. Peters, Missouri are hereby altered so as to encompass the above described tracts of and lying adjacent and contiguous to the present corporate limits. SECTION 3. That the land described as Norman in Section 1 of this Ordinance shall be part of Ward 3 of the City of St. Peters. SECTION 4. The City Clerk of the City of St. Peters is hereby ordered to cause three certified copies of this Ordinance to be filed with the St. Charles County Registrar. SECTION 5. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 6. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 7. This ordinance shall be in full force and take effect from and after the date of its final approval.draft passage and

26 Read two (2) times, passed, and approved this 22 nd day of July, As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Attest: Patricia E. Smith, Deputy City Clerk Approved this 22 nd day of July, Patricia E. Smith, Deputy City Clerk Len Pagano, Mayor Draft

27 BILL NO I-02 ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE CORPORATE LIMITS AND ZONING DISTRICT MAP OF THE CITY OF ST. PETERS, MISSOURI, IN RESPONSE TO A VOLUNTARY ANNEXATION OF PROPERTY (DIDION-ORF RECYCLING, INC.) WHEREAS, the Planning and Zoning Commission of the City, Missouri, has recommended approval to the Board of Aldermen of this rezoning for newly annexed property. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, AS FOLLOWS: SECTION 1. That an amended zoning map of the City of St. Peters shall and hereby is adopted as a part of this Ordinance which zoning map has been amended to include the newly annexed territories brought within the corporate limits by Ordinance Number which was passed and approved on July 22, The zoning districts of the newly annexed territories within the corporate limits are bounded and defined as shown on a map entitled "Zoning District Map for the City of St. Peters, Missouri", adopted by the Board of Aldermen and certified by the City Clerk, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this Ordinance, which Ordinance establishes the zoning classification for the newly annexed territories. Draft SECTION 2. The newly annexed tracts, which are hereby established as I-2 Heavy Industrial District is described as follows: Legal Description Didion-Orf Recycling, Inc Acres A tract of land being part of Lot 1 and Lot 2 of a subdivision of U.S. Survey 1786 as recorded in Book T, Page 567 of the St. Charles County, Missouri Records and part of U.S. Survey 1754, and also being part of a larger tract of land conveyed to The Kuhlmann Partnership, L.P. as recorded in Deed Book 1986, Page 1480 of above said records, and being in Township 47 North, Range 4 East, St. Charles County, Missouri, and being more particularly described as follows: COMMENCING at the northeast corner of Lot 4 of the subdivision of U.S. Survey 1786, as recorded in Book T, Page 467 of the St. Charles County, Missouri Records, said point being on the western line of St. Peters Environmental Park, as recorded in Book 33, Page 388 of said

28 Records; thence along the western line of said St. Peters Environmental Park South 27 degrees 46 minutes 24 seconds West a distance of feet to a point on the southern right-of-way line of Ecology Drive (50 feet wide), as established in Book 1746, Page 936 of said Records, said point also being the northwest corner of Adjusted Lot 1 of St. Peters Environmental Park Plat Two, a subdivision as recorded in Plat Book 37, Pages 182 and 183 of said Records; thence along the western line of said Adjusted Lot 1 and the western line of property as conveyed to the City of St. Peters, as recorded in Book 651, Page 1559 of said Records South 27 degrees 46 minutes 24 seconds West a distance of feet to a point on the northern right-of-way line of the Norfolk and Western Railroad; thence along said right-of-way line, along a curve to the right having a radius of feet, an arc length of feet, the chord of which bears North 79 degrees 56 minutes 03 seconds West a chord distance of feet; thence departing said curve and continuing along said right-of-way line North 77 degrees 57 minutes 41 seconds West a distance of feet to the POINT OF BEGINNING of the herein described tract of land; thence continuing along said right-of-way line North 77 degrees 57 minutes 41 seconds West a distance of feet to a point; thence North 68 degrees 05 minutes 03 seconds West a distance of feet to a point; thence leaving the northern right-of-way line of the said Norfolk and Western Railroad through said The Kuhlmann Partnership, L.P. property North 14 degrees 00 minutes 07 seconds East a distance of feet to a point on the southern line of property now or formerly of Central County Fire and Rescue as recorded in Book 3403, Page 1829 of said St. Charles County, Missouri Records and also being the westernmost corner of property now or formerly Didion Orf Recycling, Inc. as recorded in Book 2843, Page 1818 of the said St. Charles County, Missouri Records; thence leaving said point along the southern line of said Didion Orf Recycling, Inc. property and the northern line of said The Kuhlmann Partnership, L.P. property South 61 degrees 19 minutes 03 seconds East a distance of feet to a point marking the northeast corner of said The Kuhlmann Partnership, L.P. property; thence along the eastern line of said The Kuhlmann Partnership, L.P. property South 25 degrees 40 minutes 57 seconds West a distance of feet back to the POINT OF BEGINNING and containing 108,900 square feet of 2.50 acres more or less. together with the street and road rights-of-way abutting said property. SECTION 3. The Zoning District Map shall be kept and maintained by the City Clerk and shall be available for inspection and examination by members of the public at all reasonable times as any other public record. SECTION 4. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause Draft If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to

29 be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two (2) times, passed, and approved this 22 nd day of July, Attest: Patricia E. Smith, Deputy City Clerk Approved this 22 nd day of July, As Presiding Officer and as Mayor Len Pagano, Mayor Draft Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

30 BILL NO I-03 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO A CERTAIN COOPERATION AGREEMENT WITH QUIKTRIP CORPORATION, TO CLOSE A CURB CUT OFF MID RIVERS MALL DRIVE AT THE INTERSECTION OF WILLOTT ROAD Draft WHEREAS, it is in the best interests of the inhabitants of the City of St. Peters, Missouri, to make certain improvements to the intersection at Mid Rivers Mall Drive and Willott Road; and WHEREAS, The City has determined that the northernmost curb cut off of Mid Rivers Mall Drive onto the QUIKTRIP CORPORATION Parcel is not safe for motorists and should be closed; and WHEREAS, The City of St. Peters and QUIKTRIP CORPORATION recognize that the traffic circumstances at the intersection of Willott Road and Mid Rivers Mall Drive would benefit from such improvements. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute a Cooperation Agreement between the City of St. Peters, Missouri, and QUIKTRIP CORPORATION, for planning, development, construction, acquisition and operation of public improvements and facilities, in substantially the form attached hereto and incorporated by reference herein as Exhibit A. SECTION 2. That the City Administrator be and is hereby authorized to negotiate, execute and administer said Agreement on behalf of the City of St. Peters. SECTION 3. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

31 SECTION 4. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two (2) times, passed, and approved this 22 nd day of July, Attest: Patricia E. Smith, Deputy City Clerk Approved this 22 nd day of July, As Presiding Officer and as Mayor Len Pagano, Mayor Draft Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

32 Exhibit A CONTRACT AND COOPERATION AGREEMENT FOR THE PLANNING, DEVELOPMENT, CONSTRUCTION, ACQUISITION AND OPERATION OF PUBLIC IMPROVEMENTS AND FACILITIES This CONTRACT AND COOPERATION AGREEMENT FOR THE PLANNING, DEVELOPMENT, CONSTRUCTION, ACQUISITION AND OPERATION OF PUBLIC IMPROVEMENTS AND FACILITIES (sometimes called the Cooperation Agreement ) is made and entered into as of the day of, 2010, by and between the CITY OF ST. PETERS (the City ), a Missouri municipal corporation located in the County of St. Charles, Missouri; as well as QUIKTRIP CORPORATION, an Oklahoma corporation ( QT ). This Cooperation Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. STATEMENT OF BACKGROUND AND PURPOSE The following statements of background and purpose are an integral part of this Cooperation Agreement: A. QT leases ground on which it operates a convenience store located on the southeast corner of Willott Road and Mid Rivers Mall Drive in the City of St. Peters, with a street address of 3000 Mid Rivers Mall Drive (later referred to as the QT Parcel ). B. City is pursuing a project known as the Willott Road/Mid Rivers Mall Drive Right Turn Lane Project. The City has determined that the northernmost curbcut off Mid Rivers Mall Drive (the one closest to the Willott Road/Mid Rivers Mall Drive intersection) onto the QT Parcel is not safe for motorists and needs to be closed. (This curbcut will be referred to as the Closed Curbcut. ) Draft C. Public benefits will occur from the improvement of northbound Mid Rivers Mall Drive as it passes immediately west of the QT Parcel; the parties desire to provide for the planning, development, construction, and operation of northbound Mid Rivers Mall Drive immediately west of the QT Parcel, subject to and in accordance with this Cooperation Agreement. QT and its Ground Lessor have agreed to allow this closure of the Closed Curbcut. (See Exhibit A for the Ground Lessor s authorization.) NOW THEREFORE, as an exercise of the City s statutory authority and in consideration of the sum of One Dollar ($1.00); the mutual promises contained herein; and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Cooperation Agreement Details. All parties recognize that the traffic circumstances at the intersection of Willott Road and Mid Rivers Mall Drive would benefit from improvements. The parties have already worked in a cooperative manner to prepare final design

33 plans (later called the Roadway Plans ) for the Project (as shown schematically on Exhibit B). QT has already agreed to these Roadway Plans. The City has already performed certain improvements to Willott Road and Mid Rivers Mall Drive. QT agrees to the removal of the Closed Curbcut and to construct curbing, sidewalk and sod in place of the Closed Curbcut in compliance with the Roadway Plans for the Willott Road/Mid Rivers Mall Drive Right Turn Lane Project. With respect to the demolition and construction work relating to the Closed Curbcut, City has agreed that QT will enter into the contract and control the field work necessary to demolish the Closed Curbcut and the creation of the new curbing, sidewalk and sod in compliance with the Roadway Plans. Using these Roadway Plans, QT agrees to obtain through a competitive bidding process two or more bids for the cost to demolish the Closed Curbcut and install the new curbing, sidewalk and sod in accordance with the Roadway Plans. QT will share all bids received and indicate its preferred bid to the City. If the preferred bid is acceptable to the City, in the City s sole discretion, QT will then proceed to contract with its preferred bidder for the work. If City prefers another bidder, the parties agree to meet and confer for purposes of reaching agreement as to which bid to use; if there is no agreement, after meeting and conferring, the City shall choose the bid. QT will execute the contract and issue a Notice to Proceed within fifteen (15) calendar days after selection of the contractor. QT agrees to be responsible to the contractor for payment of the contractor s work in demolishing the Closed Curbcut and creating the new curbing, sidewalk and sod; City agrees to reimburse QT the cost associated with that piece of the Project. Reimbursement shall occur within thirty (30) calendar days after receipt of each invoice marked paid by the contractor up to a total bid price. Draft The City hereby designates the Closed Curbcut as a public project; within forty-five (45) calendar days after request by QT, the City agrees to issue the necessary letters or approvals to qualify for sales tax exemption in connection with that demolition and construction. QT agrees to defend and indemnify the City against any adverse consequences with respect to the sales tax exemption being determined by the State of Missouri to be other than as contemplated by this Cooperation Agreement. 2. Representations. To induce one another to enter into this Agreement: a. the City hereby represents and warrants to QT that the City has full constitutional and lawful authority to execute and deliver this Agreement and to perform the terms and obligations of this Agreement, and that this Agreement constitutes the legal, valid, and binding obligation of the City, enforceable in accordance with its terms, and b. QT represents and warrants to the City that QT has full and lawful authority to execute and deliver this Agreement and to perform the terms and obligations of this Agreement, and that this Agreement constitutes the legal, valid and binding obligation of QT, enforceable in accordance with its terms. 2

34 Accordingly, each party hereby waives the filing or prosecution of any action challenging their respective authority to execute and deliver this Agreement or to perform the terms and obligations of this Agreement. This waiver shall inure to the benefit of the non-waiving party, its successors and assigns. The City has not taken and will not take any action which might prevent QT from deriving all of the material benefits of any of the terms of this Cooperation Agreement. 3. Notices. All notices or other communications required or desired to be given hereunder shall be in writing and shall be deemed duly given when mailed by first class, registered or certified mail, postage prepaid; or sent via national overnight courier (e.g. Federal Express); or if sent by facsimile and contemporaneously sent by regular mail, addressed as follows: a. If to the City: City of St. Peters Attention: William Charnisky City Administrator P.O. Box 9 St. Peters, Missouri Fax No with a copy to: b. If to QT: Hazelwood & Weber LLC Attn: Wm. Randolph Weber 200 North Third Street St. Charles, MO Fax No Draft QuikTrip Corporation Attn: Alan Renner 2255 Bluestone Drive St. Charles, Missouri Fax No All notices given as aforesaid shall be deemed duly given as of the first business day following the date so mailed or sent. A duplicate copy of each notice or other communication given hereunder by any party hereto shall also be given to the other parties. The City and QT may from time to time designate, by notice given hereunder to the other such parties, another address to which subsequent notices or other communications shall be sent. 3

35 4. Time of the Essence; Mutual Assistance and Cooperation. Time is of the essence with respect to all obligations under this Cooperation Agreement. The parties agree to take such actions, including the adoption of ordinances and resolutions, and the execution and delivery of such documents, instruments, petitions and certifications supplemental hereto, as may be necessary or appropriate to carry out the terms, provisions and intent of this Cooperation Agreement and which do not impair the rights of the parties as they exist under this Cooperation Agreement, and to aid and assist each other in carrying out said terms, provisions and intent. Further, each agrees that they shall not unreasonably withhold or delay any action required to carry out the terms, provisions and intent of this Cooperation Agreement, provided that nothing herein shall be construed to obligate the City, acting as a party hereto, to grant municipal permits or other approvals it would not be obligated to grant, acting as a political subdivision, absent this Cooperation Agreement. 5. Miscellaneous. a. Choice of Law. This Cooperation Agreement shall be deemed to have been fully executed, made by the parties in, and governed by the laws of the State of Missouri for all purposes and intents. Venue shall be vested in courts of appropriate jurisdiction in St. Charles County, Missouri. b. Entire Agreement; Headings. The parties agree that this Cooperation Agreement constitutes the entire agreement among the parties and that no other agreements or representations other than those contained in this Cooperation Agreement have been made by the parties. This Cooperation Agreement shall be amended only in writing and effective when signed by the authorized agents of the parties. The headings contained in this Cooperation Agreement are for purposes of convenience only and shall not be deemed to limit the contents of the paragraphs contained in this Cooperation Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written. CITY: CITY OF ST. PETERS, MISSOURI Draft QT: QUIKTRIP CORPORATION, an Oklahoma corporation By: William P. Charnisky, City Administrator By: Rodney Loyd, Director of Real Estate 4

36 EXHIBIT A Draft 5

37 EXHIBIT B Draft 6

38 BILL NO I-04 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN AMENDED PUD AGREEMENT WITH AVENTURA AT RICHMOND, LLC, FOR DEVELOPMENT OF AVENTURA AT RICHMOND WHEREAS, Aventura at Richmond, LLC, (hereinafter referred to as Property Owners ) owners of a tract of land containing /- acres known as Aventura at Richmond; and WHEREAS, the property has been designated a R-3 Planned Urban Development (R-3 PUD) District as approved by the Board of Aldermen by passage of Ordinance 5044; and WHEREAS, all parties believe it to be in their mutual best interests to restate the Agreement and to amend the terms and conditions as set forth in the Amended Planned Urban Development Agreement, in substantially the form attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, an agreement with Aventura at Richmond, LLC, for development of a tract of land known as Aventura at Richmond, in substantially the form attached hereto and marked as Exhibit A. SECTION 2. Savings Clause Draft Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless

39 expressly set forth herein. SECTION 3. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 4. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two times, passed, and approved this 22nd day of July, Attest: Patricia E. Smith, Deputy City Clerk As Presiding Officer and as Mayor Len Pagano, Mayor Draft Approved this 22 nd day of July, Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

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45 BILL NO I-05 Draft ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO AN AGREEMENT WITH DENISE K. SMITH AND DANIEL R. MCCULLOCH, FOR A PERMANENT DRAINAGE EASEMENT FOR A CERTAIN SECTION OF STORM SEWER WITHIN LOT 17 OF THE COMMONS SUBDIVISION (DELLA DRIVE STORM SEWER IMPROVEMENT PROJECT) WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, that improvements be made to the storm sewer located on a portion of lot 17 of The Commons subdivision; and WHEREAS, the improvements to said storm sewer necessitates obtaining a Permanent Drainage Easement from Denise K. Smith and Daniel R. McCulloch. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City does hereby accept and agrees to a Permanent Drainage Easement, and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, a Permanent Drainage Easement Agreement, in substantially the forms attached hereto and made a part hereof, with Denise K. Smith and Daniel R. McCulloch for the a certain section of storm sewer within lot 17 of The Commons subdivision. SECTION 2. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to negotiate, execute, and administer, on behalf of said City, an Agreement with Denise K. Smith and Daniel R. McCulloch for a certain section of storm sewer within lot 17 of The Commons subdivision.

46 SECTION 3. The City Clerk is hereby directed to cause said Permanent Drainage Easements Agreement to be recorded in the office of the St. Charles County, Missouri, Recorder of Deeds. SECTION 4. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 22 nd day of July Draft As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

47 Approved this 22 nd day of July, Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk Draft

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53 BILL NO I-06 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI TO ENTER INTO A CONTRACT WITH MARR-II CONCRETE COMPANY FOR THE 2010 SIDEWALK REPLACEMENT PROGRAM WHEREAS, the City of St. Peters has long been an advocate of improved transportation systems and facilities to promote the general health, safety and welfare of the community; and WHEREAS, funds have been appropriated by the Board of Aldermen for the removal and replacement of sidewalk sections as part of the city budget; and WHEREAS, the City solicited bids for the removal and replacement of concrete sidewalks; and WHEREAS, bid proposals were received from seven (7) bidders on July 12, 2012; and WHEREAS, it is recommended that the bid be awarded to MARR-II Concrete Company. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to execute a contract with MARR-II Concrete Company in the initial amount of $134, for concrete sidewalk replacement. Upon approval of the City Administrator, the initial contract amount shall be adjusted as necessary based on the final measured quantities at the unit prices bid in the contract. Draft SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3. The Project approved by this Ordinance is subject to the requirements of Section , RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ( OSHA ) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation..non-compliance with this ordinance will be investigated and adjudicated by the Department of Labor and Industrial Relations pursuant to RSMo

54 SECTION 4. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This Ordinance shall be in full force and take effect from and after the date of its final passage and approval. Attest: Read two (2) times, passed and approved this 22 nd day of July Patricia E. Smith, Deputy City Clerk Approved this 22 nd day of July As Presiding Officer and as Mayor Len Pagano, Mayor Draft Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

55 BILL NO I-07 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, TO EXECUTE AN AGREEMENT WITH PIPE WORKS UTILITIES LLC FOR CONSTRUCTION OF THE EMERALD COVE DISTRICT SEWER SANITARY LIFT STATION AND FORCE MAIN PROJECT WHEREAS, the City of St. Peters owns as a public utility a sanitary sewer system operated for the general health, safety and welfare of the community; and WHEREAS, the City solicited bids for the installation of a new sanitary sewer system to serve the properties within the Emerald Cove District Sewer Area; and WHEREAS, bid proposals were received from three (3) bidders on July 1, 2010; and WHEREAS, it is recommended that the bid be awarded to Pipe Works Utilities LLC. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to execute a contract with Pipe Works Utilities LLC in the initial amount of $352, for the construction of the Emerald Cove District Sewer Sanitary Lift Station and Force Main Project. Upon approval of the City Administrator, the initial contract amount shall be adjusted as necessary based on the final measured quantities at the unit prices bid in the contract. Draft SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3. The Project approved by this Ordinance is subject to the requirements of Section , RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ( OSHA ) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. Non-compliance with this ordinance will be investigated and adjudicated by the Department of Labor and Industrial Relations pursuant to RSMo

56 SECTION 4. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed and approved this 22 nd day of July, Attest: Patricia E. Smith, Deputy City Clerk Approved this 22 nd day of July, As Presiding Officer and as Mayor Len Pagano, Mayor Draft Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

57 BILL NO I-08 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, TO EXECUTE AN AGREEMENT WITH KOLB GRADING FOR CONSTRUCTION OF THE PREMIER 370 WATER LINE BORING PROJECT WHEREAS, the City of St. Peters owns as a public utility a potable water system operated for the general health, safety and welfare of the community; and WHEREAS, the City solicited bids for the installation of a water line boring under Highway 370 near Truman Road to serve the properties in the new Premier 370 Business Park and to serve the new Lakeside Park; and WHEREAS, bid proposals were received from three (3) bidders on June 22, 2010; and WHEREAS, it is recommended that the bid be awarded to Kolb Grading. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to execute a contract with Kolb Grading in the initial amount of $213, for the construction of the Premier 370 Water Line Boring Project. Upon approval of the City Administrator, the initial contract amount shall be adjusted as necessary based on the final measured quantities at the unit prices bid in the contract. SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3. The Project approved by this Ordinance is subject to the requirements of Section , RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ( OSHA ) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. Non-compliance with this ordinance will be investigated and adjudicated by the Department of Labor and Industrial Relations pursuant to RSMo SECTION Clause.Draft 4. Savings

58 Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two (2) times, passed and approved this 22 nd day of July, Attest: Patricia E. Smith, Deputy City Clerk Approved this 22 nd day of July, As Presiding Officer and as Mayor Len Pagano, Mayor Draft Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

59 BILL NO I-09 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ENTER INTO EASEMENT AGREEMENTS FOR THE SALT RIVER ROAD IMPROVEMENTS PROJECT WHEREAS, it is in the best interest of the inhabitants of the City of St. Peters, Missouri, that improvements be made to Salt River Road; and WHEREAS, construction of said improvements necessitates obtaining easements from Alberta M. Doherty, Denise M. Doherty and Christine E. Pohl. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City does hereby accept and agrees to a temporary construction easement, permanent utility easement, and permanent walking/biking trail easement, and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, a Temporary Construction Easement Agreement, Permanent Utility Easement Agreement, and a Permanent Walking/Biking Trail Easement Agreement, with Alberta M. Doherty, Denise M. Doherty, and Christine E. Pohl, for the Salt River Road Improvements Project. SECTION 2. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to negotiate, execute, and administer, on behalf of said City, said easement agreements with Alberta M. Doherty, Denise M. Doherty, and Christine E. Pohl for the Salt River Road Project.Draft Improvements

60 SECTION 3. The City Clerk is hereby directed to cause said Permanent Utility Easement Agreement and Permanent Walking/Biking Trail Easement Agreement to be recorded in the office of the St. Charles County, Missouri, Recorder of Deeds. SECTION 4. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 22 nd day of July, Draft As Presiding Officer and as Mayor Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

61 Approved this 22 nd day of July, Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk Draft

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74 BILL NO I-10 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, TO EXECUTE AN AGREEMENT WITH MILLSTONE BANGERT, INC. FOR CONSTRUCTION OF THE SALT RIVER ROAD PHASE III PAVING PROJECT WHEREAS, the City of St. Peters has long been an advocate of improved transportation systems and facilities to promote the general health, safety and welfare of the community; and WHEREAS, the City solicited bids for the Salt River Road Phase III Paving Project; and WHEREAS, bid proposals were received from six (6) bidders on July 9, 2010; and WHEREAS, it is recommended that an agreement for the Salt River Road Phase III Paving Project be awarded to Millstone Bangert, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to enter into a contract with Pace Construction Company in the initial amount of $2,979, for the Alternate Bid of the Salt River Road Phase III Paving Project. Upon approval of the City Administrator the initial contract amount shall be adjusted as necessary based on the final measured quantities at the unit prices bid in the contract. Draft SECTION 2. The City Administrator be and he is hereby authorized to negotiate, execute and administer said contract on behalf of the City of St. Peters. SECTION 3 The Project approved by this Ordinance is subject to the requirements of Section , RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ( OSHA ) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. Non-compliance with this ordinance will be investigated and adjudicated by the Department of Labor and Industrial Relations pursuant to RSMo SECTION 4. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the

75 City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause. If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid, is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed and approved this 22nd day of July, Attest: Patricia E. Smith, Deputy City Clerk Approved this 22nd day of July, As Presiding Officer and as Mayor Len Pagano, Mayor Draft Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

76 BILL NO I-11 ORDINANCE NO. AN ORDINANCE APPROVING A RECORD PLAT WITHIN THE CITY OF ST. PETERS, MISSOURI, FOR THE PURPOSE OF RECORDING IN ST. CHARLES COUNTY, MISSOURI (EMERALD COVE COMMERCIAL PLAT ONE) WHEREAS, the property owner has submitted to the City for review and approval the following record plat: and Emerald Cove Commercial Plat One; WHEREAS, the Planning and Zoning Commission has recommended approval to the Board of Aldermen of said record plat. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The record plat, Emerald Cove Commercial Plat One, is hereby approved. SECTION 2. The City Clerk will maintain a copy of said Record Plat on file with City Records. SECTION 3. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 4. Severability Clause. Draft If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision, which had been held invalid is no

77 longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 5. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 22 nd day of July, Attest: Patricia E. Smith, Deputy City Clerk Approved this 22 nd day of July, As Presiding Officer and as Mayor Len Pagano, Mayor Draft Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

78 BILL NO I-12 Draft ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO EXECUTE AN AMENDED AND RESTATED PUD AGREEMENT WITH PDIL, LLC FOR DEVELOPMENT OF EMERALD COVE WHEREAS, PDIL, LLC, (hereinafter referred to as Property Owners ) owners of a tract of land containing /- acres known as Emerald Cove; and WHEREAS, the property has been designated a R-3 Planned Urban Development (R-3 PUD) District as approved by the Board of Aldermen by passage of Ordinance 4438; and WHEREAS, all parties believe it to be in their mutual best interests to restate the Agreement and to amend the terms and conditions as set forth in the Amended and Restated Planned Urban Development Agreement, in substantially the form attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. That the City Administrator of the City of St. Peters, Missouri be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, an agreement with PDIL, LLC, for development of a tract of land known as Emerald Cove, in substantially the form attached hereto. SECTION 2. Savings Clause Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein.

79 SECTION 3. Severability Clause If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 4. This Ordinance shall take effect and be in force from and after its passage by the Board of Aldermen and its approval by the Mayor of the City of St. Peters, Missouri. Read two (2) times, passed, and approved this 22 nd of July, Attest: Patricia E. Smith, Deputy City Clerk As Presiding Officer and as Mayor Len Pagano, Mayor Draft Approved this 22 nd day of July, Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

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129 BILL NO I-13 anddraft ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR OF THE CITY OF ST. PETERS, MISSOURI, TO ACCEPT CONVEYANCE OF FEE SIMPLE TITLE VIA A SPECIAL WARRANTY DEED AND TO ENTER INTO A SERVICE EXTENSION AGREEMENT, AN ACCESS EASEMENT GRANT, A SANITARY SEWER EASEMENT GRANT, AND A ELECTRIC UTILITY EASEMENT GRANT WITH PDIL, LLC FOR CONSTRUCTION OF A SANITARY SEWER SYSTEM WITHIN THE EMERALD COVE DISTRICT SEWERS WHEREAS, pursuant to , RSMo., District sewers shall be established for the districts created to be prescribed by ordinance, and shall connect with public, or other district or joint district sewers or with a natural course of drainage, as each case may be, and may be constructed with the main branch or discharge pipe wholly within or beyond the boundary of the district as the council shall determine. The governing body shall cause sewers to be constructed in each district whenever the governing body shall deem the sewers necessary for sanitary or other purposes, and the sewer shall be of such dimensions and materials as may be prescribed by ordinance and may be changed, enlarged or extended, and shall have all the necessary laterals, inlets, catch basins, manholes and other appurtenances; and WHEREAS, on May 27, 2010, the Board of Aldermen of the City of St. Peters did find and determine that the construction of district sewers is necessary for sanitary and other purposes to serve properties within the corporate limits of the City of St. Peters, and did establish the Emerald Cove District Sewers; and WHEREAS, there is a need for orderly planned development within the District area and to protect and preserve water quality as required by the United States Environmental Protection Agency and the Missouri Department of Natural Resources, therefore construction of a public sanitary sewer system is necessary;

130 WHEREAS, construction of the public sanitary sewer system necessitates obtaining fee simple title for a sanitary sewer pump station, along with entering into a Service Extension Agreement, a Access Easement Grant, and Easement Grants for a sanitary sewer easement and an electric utility easement, from PDIL, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ST. PETERS, MISSOURI, AS FOLLOWS: SECTION 1. The City does hereby accept and agrees to conveyance of fee simple title by Special Warranty Deed, along with a Service Extension Agreement, an Access Easement Grant, and Easement Grants for a sanitary sewer easement and an electric utility easement, and the City Administrator of the City of St. Peters, Missouri, be and is hereby authorized to execute on behalf of the City of St. Peters, Missouri, a Special Warranty Deed, a Service Extension Agreement, an Access Easement Grant, an Easement Grant (Sanitary Sewer Easement) and an Easement Grant (Electric Utility Easement), in substantially the forms attached hereto and made a part hereof, with PDIL, LLC for construction of a sanitary sewer system within the Emerald Cove District Sewers. SECTION 2. That the City Administrator of the City of St. Peters, Missouri, be and he is hereby authorized to negotiate, execute, and administer, on behalf of said City, a Special Warranty Deed, a Service Extension Agreement, an Access Easement Grant, an Easement Grant (Sanitary Sewer Easement) and an Easement Grant (Electric Utility Easement) with PDIL, LLC for construction of a sanitary sewer system within the Emerald Cove District Sewers. SECTION 3. The City Clerk is hereby directed to cause said Special Warranty Deed, Access Easement Grant, Easement Grant (Sanitary Sewer Easement) and Easement Grant (Electric Utility Easement) to be recorded in the office of the St. Charles County, Missouri, Recorder of Deeds. SECTION 4. Savings Claus Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplant or otherwise nullify any other Ordinance of the City or the requirements thereof whether or not relating to or in any manner connected with the subject matter hereof, unless expressly set forth herein. SECTION 5. Severability Clause Draft If any term, condition, or provision of this Ordinance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law, it being the intent of the Board of Aldermen that it would have enacted this Ordinance without the invalid or unenforceable provisions. In the event of a

131 subsequent change in applicable law so that the provision, which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding. SECTION 6. This ordinance shall be in full force and take effect from and after the date of its final passage and approval. Read two times, passed, and approved this 22 nd day of July, Attest: Patricia E. Smith, Deputy City Clerk Approved this 22 nd day of July, As Presiding Officer and as Mayor Len Pagano, Mayor Draft Len Pagano, Mayor Attest: Patricia E. Smith, Deputy City Clerk

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