HomeMy Public PortalAboutResolution Approving Rate Recommendation Report 2019RESOLUTION OF THE RATE COMMISSION OF THE
METROPOLITAN ST. LOIUIS SEWER DISTRICT
APPROVING A RATE RECOMMENDATION REPORT ON
THE WASTEWATER RATE CHANGE PROPOSAL; AND
RELATED MATTE S
WHEREAS, the Rate Commission of the Metropolitan St. Louis Sewer District (the
"District") is directed by § 7.040 of the Charter Plan, as approved and amended by the voters of
the City and County of St. Louis, to review and make recommendations to the Board of Trustees
of the District regarding proposed changes in wastewater rates, stormwater rates and tax rates or
changes in the structure of any of the rates; and
WHEREAS, the District, on March 4, 2019, referred a rate change proposal to increase the
District's wastewater rates for review by the Rate Commission; and
WHEREAS, any change in a rate recommended to the Board of Trustees by the Rate
Commission is to be accompanied by a statement complying with the provisions of §§ 7.040 and
7.270 of the Charter Plan; and
WHEREAS, in order to conduct its proceedings with utmost expedition consistent with
procedural fairness to the parties, the Rate Commission, pursuant to the Charter Plan, (i) adopted
Restated Operational Rules on March 4, 2019; and (ii) adopted a Procedural Schedule governing
the proposed rate change on March 8, 2019; and
WHEREAS, the Rate Commission received written testimony, exhibits, conducted
technical conferences and public hearings, received legal and other memoranda, and has conducted
these proceedings in a manner consistent with the requirements of the Charter Plan, the Restated
Operational Rules and Procedural Schedule (the "Proceedings"); and
WHEREAS, the Rate Commission discussed and considered each of the facts and
circumstances disclosed during the Proceedings; and
WHEREAS, the Rate Commission has considered a statement specifically responsive to
the criteria and factors set forth in §§ 7.040 and 7.270 of the Charter Plan (the "Rate
Recommendation Report") to the Board of Trustees.
NOW, THEREFORE, the Delegates of the Rate Commission do hereby resolve, determine
and order as follows:
Section 1. Findings. The Delegates of the Rate Commission hereby find and determine
those matters set forth in the preambles hereof as fully and completely as if set out in full in this
Section 1.
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Section 2. Charter Plan Requirements. The Delegates of the Rate Commission find and
determine that the Rate Recommendation Report in the form attached hereto as Exhibit "A"
considered at this meeting satisfies the requirements of the Charter Plan.
Section 3. Rate Recommendation Report. The Delegates of the Rate Commission
hereby approve the Rate Recommendation Report, attached hereto as Exhibit "A", in substantially
the form presented to this meeting, and the officers of the Rate Commission are hereby authorized
and directed to execute and deliver and attest, respectively, the Rate Recommendation Report, and
are hereby further authorized and directed to make any such changes, modifications, insertions and
omissions as may be consistent with the intent of this Resolution and as may be deemed necessary
or desirable to effect the Rate Recommendation Report, with the necessity or desirability of such
changes, modifications, insertions and omissions being conclusively evidenced by their execution
thereof.
Section 4. Minority Reports.
(a) The Rate Commission hereby receives the Minority Report of Commissioner
Palans Regarding the Amount of Bonding Proposed.
(b) The Rate Commission hereby receives the Minority Report of Commissioners Stein
and Toenjes Regarding the Appropriate Allocation of Infiltration/Inflow Costs.
(c) The Rate Commission hereby receives the Minority Report of Commissioner Stein
Regarding Deferring Some of the Capital Improvement and Replacement Projects (CIRP).
Section 5. Actions of Officers Authorized. The officers of the Rate Commission shall
be, and they hereby are, authorized and directed to deliver to the Board of Trustees of the
Metropolitan St. Louis Sewer District the Rate Recommendation Report and the Minority Reports
and to take such actions as they may deem necessary or advisable in order to carry out and perform
the purposes of this Resolution and to make ministerial alterations, changes or additions in the
foregoing documents herein approved, authorized and confirmed which they may approve and the
execution or taking of such action shall be conclusive evidence of such necessity or advisability.
Section 6. Severability. It is hereby declared to be the intention of the Rate
Commission that each and every part, section and subsection of this Resolution shall be separate
and severable from each and every other part, section and subsection hereof and that the Rate
Commission intends to adopt each said part, section and subsection separately and independently
of any other part, section and subsection. In the event that any part, section or subsection of this
Resolution shall be determined to be or to have been unlawful or unconstitutional, the remaining
parts, sections and subsections shall be and remain in full force and effect, unless the court making
such finding shall determine that the valid portions standing alone are incomplete and are incapable
of being executed in accordance with the intent of this Resolution.
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Section 7. Governing Law. This Resolution shall be governed exclusively by and
construed in accordance with the applicable laws of the State of Missouri.
Section 8. No Personal Liability. No Delegate of the Rate Commission, officer,
professional, consultant or agent of the Rate Commission shall have any personal liability for acts
taken in accordance with this Resolution.
Section 9. Expenses. The Finance Committee is hereby authorized and directed to
cause to be paid all costs, expenses and fees incurred in connection with or incidental to this
Resolution.
Section 10. Effective Date. This Resolution shall become effective immediately upon
its passage.
ADOPTED by the Delegates of the Rate Commission of the Metropolitan St. Louis Sewer
District this l2th day of August, 2019.
[SEAL]
ATTEST:
Cit- qkteii.tik
Its Secretary
RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS
SEWER DISTRIC
Its Chairman
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