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HomeMy Public PortalAboutordinances_2015BUDGET ORDINANCEAn ordinance is a bill, resolution or order by means of which appropriations aregiven legal effect. It is the method by which the appropriation of the annualbudget is enacted into law by the Board of Trustees.FY15 Proposed Budget Ordinance and Reconciliation145 ORDINANCE #13855 Fiscal Year 2015 * Reported as required per General Accounting Standards Board (GASB) Statement #34 Revenue: Wastewater Revenue Fund $279,327,262 Stormwater Revenue Fund 1,194,996 Total Revenue Funds $280,522,258 Appropriations: General Fund $182,817,586 Water Backup Insurance and Reimbursement Fund 3,600,248 Workers' Compensation Fund 1,465,992 Subtotal General, Water Back-Up, and Workers' Compensation Funds $187,883,826 Stormwater Operations, Maintenance & Construction Improvement Fund $16,192,860 Total Operating Budget $204,076,686 Emergency Funds $500,000 Debt Service Funds 66,713,039 $67,213,039 Total Appropriations $271,289,725 Less: Interfund Services for Stormwater Operations * (16,192,860) Net Appropriations $255,096,865 Fund Transfers Transfers from Wastewater Revenue Fund: General Fund $178,772,470 Sanitary Replacement Fund 28,471,700 Wastewater Emergency Fund 250,000 Water Backup Insurance and Reimbursement Fund 3,650,000 Workers' Compensation Fund 1,470,000 Improvement Fund - Debt Service Funds 66,713,091 Total Wastewater Revenue Transfers $279,327,261 Transfers from Stormwater Revenue Fund: Stormwater Emergency Fund $250,000 Districtwide Stormwater Fund 944,996 Total Stormwater Revenue Transfers $1,194,996 Transfers from General Fund: Districtwide Stormwater Fund $5,034,801 Stormwater Operations, Maintenance and Construction Improvement Fund 10,220,243 Total General Fund Transfers $15,255,044 Total Fund Transfers $295,777,301 146 FY15 BUDGET ORDINANCE NUMBER 13855 AN ORDINANCE, repealing and superseding Ordinance No. 13625 adopted June 13, 2013, and making appropriations for the current expenses of the District in the General Fund, the Water Backup Insurance and Reimbursement Fund, the Workers’ Compensation Fund, the Sanitary Replacement Fund, the Stormwater Operations, Maintenance and Construction Improvement Funds, the Emergency Funds, the Debt Service Funds, and the Wastewater Revenue Bond Service Funds for the fiscal year beginning July 1, 2014 and ending June 30, 2015, amounting in the aggregate to Two Hundred Fifty-five Million Ninety-six Thousand Eight Hundred Sixty-five Dollars ($255,096,865) to pay interest falling due on bonds issued, the costs of support, operation, and maintenance of the District and its various subdistricts, and emergencies in accordance with the requirements of this Proposed Ordinance to be introduced May 8, 2014. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: REVENUE FUNDS Section One – Wastewater Revenue Fund. The total dollars collected in the Wastewater Revenue Fund is estimated to be Two Hundred Seventy-nine Million Three Hundred Twenty-seven Thousand Two Hundred Sixty-two Dollars ($279,327,262) and is hereby transferred from the Wastewater Revenue Fund to the General Fund of the District for the support, operation and maintenance of several departments, Board, Civil Service Commission, the Water Backup Insurance and Reimbursement Fund, the Wastewater Emergency Fund, the Sanitary Replacement Fund, Workers’ Compensation Fund, and the Wastewater Revenue Bond Service Funds for other lawful activities of the District including the payment of interest and principal falling due on bonds issued for the fiscal year beginning July 1, 2014, and ending June 30, 2015. Section Two – Stormwater Revenue Fund. The total dollars collected in the Stormwater Revenue Fund is estimated to be One Million One Hundred Ninety-four Thousand Nine Hundred Ninety-six Dollars ($1,194,996) and is hereby transferred from the Stormwater Revenue Fund to the Districtwide Stormwater Fund and the Stormwater Emergency Fund for the support, operation and maintenance of several departments, Board, Civil Service Commission, for other lawful activities of the District for the fiscal year beginning July 1, 2014, and ending June 30, 2015. TOTAL USER CHARGE REVENUE $280,522,258 DISTRICT OPERATING FUNDS Section Three – General Fund. There is hereby transferred from the Wastewater Revenue Fund the sum of One Hundred Seventy-eight Million Seven Hundred Seventy-two Thousand Four Hundred Seventy Dollars ($178,772,470). There is hereby appropriated and set apart out of the General Fund of the District the sum of One Hundred Eighty-two Million Eight Hundred Seventeen Thousand Five Hundred Eighty-six Dollars ($182,817,586) for the support, operation and maintenance of several departments, Board, Civil Service Commission, and other lawful activities of the District. Section Four – Wastewater Backup Insurance and Reimbursement Fund. For the purpose of providing water backup insurance and reimbursement for basement backups, there is hereby transferred from the Wastewater Revenue Fund the sum of Three Million Six Hundred Fifty Thousand Dollars ($3,650,000) to the Water Backup Insurance and Reimbursement Fund. There is hereby appropriated and set apart out of the Water Backup Insurance and Reimbursement Fund the sum of Three Million Six Hundred Thousand Two Hundred Forty-eight Dollars ($3,600,248). Section Five – Workers’ Compensation Fund. For the purpose of providing workers’ compensation, there is hereby transferred from the Wastewater Revenue Fund the sum of One Million Four Hundred Seventy Thousand Dollars ($1,470,000) to the Workers’ Compensation Fund. There is hereby appropriated and set apart out of the Workers’ Compensation Fund the sum of One Million Four Hundred Sixty-five Thousand Nine Hundred Ninety-two Dollars ($1,465,992). TOTAL GENERAL FUND, WATER BACK-UP, AND WORKERS’ COMPENSATION BUDGET $187,883,826 147 STORMWATER OPERATIONS, MAINTENANCE, ADMINISTRATION AND CONSTRUCTION IMPROVEMENT FUNDS Section Six – For the purpose of providing Stormwater Operations, Maintenance, Administration, and Construction Improvements, there is hereby appropriated Sixteen Million One Hundred Ninety-two Thousand Eight Hundred Sixty Dollars ($16,192,860). Appropriations will be executed through the Stormwater Operations, Maintenance, Administration and Construction Improvement Funds as follows: Section Six (1) – District Wide Stormwater Fund (5110). For the purpose of providing for operations, maintenance, administration, and construction Improvement, there is hereby transferred from the General Fund to the District Wide Stormwater Fund the sum of Five Million Thirty-four Thousand Eight Hundred One Dollars ($5,034,801) and from the Stormwater Revenue Fund the sum of Nine Hundred Forty-four Thousand Nine Hundred Ninety-six Dollars ($944,996). There is hereby appropriated and set apart out of the District Wide Stormwater Fund the sum of Six Million Four Hundred Sixty-eight Thousand Eighty-four Dollars ($6,468,084) for use by the Executive Director in contracting for work or repairs. Section Six (2) – Stormwater and Maintenance, Operations and Construction Improvement Fund (5130). For the purpose of allowing the District to better segregate the wastewater and stormwater activities of the District for financial reporting purposes, there is hereby transferred from the General Fund the sum of Ten Million Two Hundred Twenty Thousand Two Hundred Forty-three Dollars ($10,220,243) There is hereby appropriated and set apart out of the Stormwater and Maintenance, Operations and Construction Improvement Fund the sum of Six Million Six Hundred Seventy-nine Thousand Seven Hundred Seventy-six Dollars ($6,679,776) for use by the Executive Director in contracting for work or repairs. Section Six (3) – Black Creek OMCI Fund (5594). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Black Creek OMCI Fund the sum of Three Hundred Eighteen Thousand Nine Hundred Eighty-four Dollars ($318,984) for use by the Executive Director in contracting for work or repairs. Section Six (4) – Clayton Central OMCI Fund (5563). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Clayton Central OMCI Fund the sum of Twenty Thousand Eight Hundred Forty-four Dollars ($20,844) for use by the Executive Director in contracting for work or repairs. Section Six (5) – Coldwater OMCI Fund (5564). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Coldwater OMCI Fund the sum of Four Hundred Forty-eight Thousand One Hundred Forty Dollars ($448,140) for use by the Executive Director in contracting for work or repairs. Section Six (6) – Creve Coeur OMCI Fund (5565). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Creve Coeur OMCI Fund the sum of Seventy-four Thousand Seven Hundred Twenty-four Dollars ($74,724) for use by the Executive Director in contracting for work or repairs. Section Six (7) – Deer Creek OMCI Fund (5566). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Deer Creek OMCI Fund the sum of Three Hundred Ninety-six Thousand Three Hundred Seventy-two Dollars ($396,372) for use by the Executive Director in contracting for work or repairs. Section Six (8) – Fountain Creek OMCI Fund (5569). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Fountain Creek OMCI Fund the sum of Seventy-three Thousand Sixty-eight Dollars ($73,068) for use by the Executive Director in contracting for work or repairs. Section Six (9) – Gravois Creek OMCI Fund (5571). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Gravois Creek OMCI Fund the sum of Five Hundred Forty-four Thousand Six Hundred Ninety-two Dollars ($544,692) for use by the Executive Director in contracting for work or repairs. Section Six (10) – Loretta-Joplin OMCI Fund (5574). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Loretta-Joplin OMCI Fund the sum of Eight Thousand Sixty-four Dollars ($8,064) for use by the Executive Director in contracting for work or repairs. Section Six (11) – Maline Creek OMCI Fund (5576). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Maline Creek OMCI Fund the sum of Three Hundred Seventy-two Thousand Seven Hundred Forty-four Dollars ($372,744) for use by the Executive Director in contracting for work or repairs. 148 Section Six (12) – North Affton OMCI Fund (5579). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the North Affton OMCI Fund the sum of Eleven Thousand Three Hundred Eighty-eight Dollars ($11,388) for use by the Executive Director in contracting for work or repairs. Section Six (13) – Seminary Branch of River Des Peres OMCI Fund (5593). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Seminary Branch of River Des Peres OMCI Fund the sum of Seventy Thousand Eight Hundred Seventy-two Dollars ($70,872) for use by the Executive Director in contracting for work or repairs. Section Six (14) – Shrewsbury Branch of River Des Peres OMCI Fund (5592). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Shrewsbury Branch of River Des Peres OMCI Fund the sum of Nine Thousand Six Hundred Eighty-four Dollars ($9,684) for use by the Executive Director in contracting for work or repairs. Section Six (15) – Sugar Creek OMCI Fund (5583). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Sugar Creek OMCI Fund the sum of Eighty-eight Thousand One Hundred Seventy-six Dollars ($88,176) for use by the Executive Director in contracting for work or repairs. Section Six (16) – University City Branch of River Des Peres OMCI Fund (5584). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the University City Branch of River Des Peres OMCI Fund the sum of Four Hundred Twenty-five Thousand Eight Hundred Forty-four Dollars ($425,844) for use by the Executive Director in contracting for work or repairs. Section Six (17) – Watkins Creek OMCI Fund (5587). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Watkins Creek OMCI Fund the sum of One Hundred Eighteen Thousand Nine Hundred Thirty-two Dollars ($118,932) for use by the Executive Director in contracting for work or repairs. Section Six (18) – Wellston OMCI Fund (5589). For the purpose of providing for Operations, Maintenance, Administration, Construction Improvement, there is hereby appropriated and set apart out of the Wellston OMCI Fund the sum of Sixty-two Thousand Four Hundred Seventy-two Dollars ($62,472) for use by the Executive Director in contracting for work or repairs. TOTAL OMCI BUDGET $ 16,192,860 EMERGENCY WORK OR REPAIR FUNDS Section Seven – Wastewater Emergency Fund. For the purpose of providing for emergency work or repairs requiring prompt attention, there is hereby transferred from the Wastewater Revenue Fund to the Wastewater Emergency Fund the sum of Two Hundred Fifty Thousand Dollars ($250,000). There is hereby appropriated and set apart out of the Wastewater Emergency Fund the sum of Two Hundred Fifty Thousand Dollars ($250,000) for use by the Executive Director in contracting for emergency work or repairs. Section Eight – Stormwater Emergency Fund. For the purpose of providing for emergency work or repairs requiring prompt attention, there is hereby transferred from the Stormwater Revenue Fund to the Stormwater Emergency Fund the sum of Two Hundred Fifty Thousand Dollars ($250,000). There is hereby appropriated and set apart out of the Stormwater Emergency Fund the sum of Two Hundred Fifty Thousand Dollars ($250,000) for use by the Executive Director in contracting for emergency work or repairs. TOTAL EMERGENCY FUND BUDGET $ 500,000 DEBT SERVICE FUNDS Section Nine – Debt Service Funds. For the purpose of providing for the support of the Wastewater Revenue Bond Debt Service of the Metropolitan St. Louis Sewer District for the fiscal year beginning July 1, 2014 and ending June 30, 2015, there is hereby transferred from the Wastewater Revenue Fund to the Wastewater Revenue Bond Service Funds the total sum of Sixty-six Million Seven Hundred Thirteen Thousand Ninety-one Dollars ($66,713,091). Appropriations will be executed through the Debt Service Funds as follows for total District principal and interest falling due on outstanding revenue bonds, including any new issues planned during the fiscal year, and banking fees relating to the debt: Section Nine (1) – Wastewater Principal and Interest Bond 2004A – Fund (2804) There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 2804 the sum of 149 Twenty-four Million Six Hundred Four Thousand One Hundred Sixteen Dollars ($24,604,116). Section Nine (2) – Wastewater Principal and Interest Bond 2006C – Fund (2808) There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 2808 the sum of Two Million Nine Hundred Four Thousand Three Hundred Fifty Dollars ($2,904,350). Section Nine (3) – Wastewater Principal and Interest Bond 2008A – Fund (2810) There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 2810 the sum of One Million Six Hundred Thirty-four Thousand Seven Hundred Eighty-five Dollars ($1,634,785). Section Nine (4) – Wastewater Principal and Interest Bond 2010B – Fund (2812) There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 2812 the sum of Three Million Three Hundred Sixty-three Thousand Two Hundred Twenty-six Dollars ($3,363,226). Section Nine (5) – Wastewater Principal and Interest Bond 2011B – Fund (2816) There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 2816 the sum of Three Million Eight Hundred Eighty Thousand Six Hundred Fifty Dollars ($3,880,650). Section Nine (6) – Wastewater Principal and Interest Bond 2012A – Fund (2817) There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 2817 the sum of Ten Million Five Hundred Fifty-six Thousand Five Hundred Seventy-five Dollars ($10,556,575). Section Nine (7) – Wastewater Principal and Interest Bond 2012B – Fund (2818) There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 2818 the sum of Eight Million Nine Hundred Four Thousand Eight Hundred Thirteen ($8,904,813). Section Nine (8) – Wastewater Principal and Interest Bond 2013B – Fund (2819) There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 2819 the sum of Seven Million One Hundred Fourteen Thousand Five Hundred Twenty-five Dollars ($7,114,525). Section Nine (9) – Wastewater Principal and Interest Proposed Fund There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Proposed Fund the sum of Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000). TOTAL DEBT SERVICE BUDGET $ 66,713,039 TOTAL DISTRICT BUDGET APPROPRIATIONS $ 271,289,725 Less: Inter-fund Services for Stormwater Operations ($ 16,192,860) (Reported as required by General Accounting Standards Board (GASB) Statement #34 NET DISTRICT BUDGET APPROPRIATIONS $255,096,865 WASTEWATER CONSTRUCTION PROGRAM USER CHARGE FUNDING Section Ten – Sanitary Replacement Fund. For the purpose of meeting the costs of repairing, rehabilitating and replacing the District's Wastewater System, there is hereby transferred from the Wastewater Revenue Fund to the Sanitary Replacement Fund the sum of Twenty-eight Million Four Hundred Seventy-one Thousand Seven Hundred Dollars ($28,471,700). 150 SUMMARY OF APPROPRIATIONS FISCAL YEAR 2015 Operating Budget District General Fund $ 182,817,586 District Water Backup Insurance and Reimbursement Fund 3,600,248 District Workers’ Compensation Fund 1,465,992OMCI Funds 16,192,860 TOTAL OPERATING BUDGET $ 204,076,686 TOTAL EMERGENCY WORK OR REPAIR BUDGET $ 500,000 TOTAL DEBT SERVICE BUDGET $ 66,713,039 TOTAL DISTRICT APPROPRIATIONS $ 271,289,725 Less: Inter-fund Services for Stormwater Operations ($ 16,192,860) NET DISTRICT APPROPRIATIONS $ 255,096,865 * Reported as required per General Accounting Standards Board (GASB) Statement # 34 151 Fiscal Year 2015 BUDGET152 TAX ORDINANCEFY15 Proposed Tax OrdinanceTaxes are based on voter-approved rates that are included on the tax bills issuedby the City of St. Louis or St. Louis County. The tax bills are calculated basedon the tax assessment information provided by the governing authority and thecurrent tax rates. The tax revenue is realized in the first half of the fiscal year.153 TAX ORDINANCE NUMBER 13856 AN ORDINANCE repealing Ordinance No. 13735, adopted October 1, 2013, and enacting a new Ordinance in lieu thereof, determining the amount of taxes which shall be levied, assessed, and collected in the year 2014 on all taxable tangible property in the District within the corporate limits of the City of St. Louis and St. Louis County, respectively, and in Subdistricts within the corporate limits of St. Louis County as follows: Coldwater Creek Trunk Subdistrict, Gravois Creek Trunk Subdistrict, Maline Creek Trunk Subdistrict, Watkins Creek Trunk Subdistrict, Subdistrict No. 88 (Fountain Creek), Subdistrict No. 89 (Loretta-Joplin), Subdistrict No. 342 (Clayton-Central), Subdistrict No. 366 (University City Branch of River des Peres Stormwater Subdistrict), Subdistrict No. 367 (Deer Creek Stormwater Subdistrict), Subdistrict No. 369 (Sugar Creek), Subdistrict No. 448 (Missouri River - Bonfils), Subdistrict No. 449 (Meramec River Basin - M.S.D. Southwest), Subdistrict No. 453 (Shrewsbury Branch of River des Peres), Subdistrict No. 454 (Seminary Branch of River des Peres), Subdistrict No. 455 (Black Creek), Subdistrict No. 1 of the River des Peres Watershed (Creve Coeur-Frontenac Area), Subdistrict No. 4 of the River des Peres Watershed (North Affton Area) and Subdistrict No. 7 of the River des Peres Watershed (Wellston Area); and the Board of Trustees, in accordance with Charter Section 7.310 authorizes the Director of Finance to certify as to the amount of taxes which shall be levied, assessed and collected for the aforementioned Subdistricts with an emergency clause; and WHEREAS, after notice of hearing as provided in the Charter, and after due consideration of all the statements made and the facts adduced at such hearing, the Board has found that it will be necessary in the calendar year 2014 to levy, assess, and collect taxes on taxable tangible property in the District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. For the fiscal year beginning July 1, 2014, The Metropolitan St. Louis Sewer District shall levy, assess, and collect taxes on all taxable tangible property within the boundaries of The Metropolitan St. Louis Sewer District. Section Two. For the general administration of The Metropolitan St. Louis Sewer District during the fiscal year beginning July 1, 2014, the amount of taxes which shall be levied, assessed, and collected in the year 2014 on all taxable tangible property within the boundaries of The Metropolitan St. Louis Sewer District shall be Five Million Thirty-four Thousand Eight Hundred One Dollars ($5,034,801), which will be produced by the rate of one point nine six cents (.0196) per one hundred dollars assessed valuation for residential property, one point nine six cents (.0196) per one hundred dollars assessed valuation for agricultural property, one point nine six cents (.0196) per one hundred dollars assessed valuation for commercial property and one point nine six cents (.0196) per one hundred dollars assessed valuation for personal property, and of which Seven Hundred Ninety-five Thousand One Hundred Thirty-nine Dollars ($795,139), shall be levied, assessed, and collected on taxable tangible property in said District within the corporate limits of the City of St. Louis, and of which Four Million Two Hundred Thirty-nine Thousand Six Hundred Sixty-two Dollars ($4,239,662), shall be levied, assessed, and collected on taxable tangible property within that part of the corporate 154 limits of St. Louis County lying within said District. These funds are to be allocated to the Districtwide Stormwater Fund. Section Three. In The Metropolitan St. Louis Sewer District, for the purposes of operation and maintenance of said existing public stormwater facilities, and for the anticipated tax delinquencies during the fiscal year beginning July 1, 2014, the amount of taxes which shall be levied, assessed, and collected in the year 2014 on all taxable tangible property in said District shall be Ten Million Two Hundred Twenty Thousand Two Hundred Forty-three Dollars ($10,220,243), which total sum will be produced by the rate of six point seven eight cents (.0678) per one hundred dollars assessed valuation for residential property, six point seven eight cents (.0678) per one hundred dollars assessed valuation for agricultural property, six point seven eight cents (.0678) per one hundred dollars assessed valuation for commercial property and six point seven eight cents (.0678) per one hundred dollars assessed valuation for personal property, and of which total sum Two Million Seven Hundred Fifty Thousand Five Hundred Thirty Dollars ($2,750,530), shall be levied, assessed, and collected on taxable tangible property in said District within the corporate limits of the City of St. Louis, and of which total sum Seven Million Four Hundred Sixty-nine Thousand Seven Hundred Thirteen Dollars ($7,469,713), shall be levied, assessed, and collected on taxable tangible property within that part of the corporate limits of St. Louis County lying within the original boundaries of the District, as described in the Charter of the District, and within the areas described in the annexation ordinances listed in District Ordinance No. 3753, adopted April 11, 1979. These funds are to be allocated to the Stormwater Operations & Maintenance Fund. Section Four. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within the Coldwater Creek Trunk Subdistrict, as defined and delineated by District Ordinance No. 3755, adopted April 11, 1979, shall be One Million Seven Hundred Ninety-four Thousand Six Hundred Ninety-five Dollars ($1,794,695), which sum will be produced by the rate of ten cents (.100) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for agricultural property, ten cents (.100) per one hundred dollars assessed valuation for commercial property and ten cents (.100) per one hundred dollars assessed valuation for personal property. Section Five. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within the Gravois Creek Trunk Subdistrict, as defined and delineated by District Ordinance No. 425, adopted July 14, 1960; and as enlarged by annexation thereto of the areas described in District Ordinance No. 1235, adopted November 12, 1964; No. 1451, adopted January 13, 1966; No. 1453, adopted January 13, 1966; No. 1485, adopted May 9, 1966; No. 1784, adopted September 12, 1968; No. 1884, adopted May 1, 1969; No. 1907, adopted June 12, 1969; No. 2012, adopted March 19, 1970; No. 2157, adopted April 22, 1971; No. 2175, adopted June 3, 1971; No. 177, adopted June 3, 1971; No. 2191, adopted July 15, 1971; No. 2272, adopted March 9, 1972; No. 2377, adopted January 26, 1973; and No. 2941, adopted October 29, 1975; shall be One Million Three Hundred Twenty-seven Thousand One Hundred Thirty-six Dollars ($1,327,136), which sum will be produced by the rate of eight point two cents (.082) per one hundred dollars assessed valuation for residential property, six cents (.060) per one hundred dollars assessed valuation for agricultural property, eight point six cents (.086) per one hundred dollars assessed valuation for commercial property and eight point six cents (.086) per one hundred dollars assessed 155 valuation for personal property. Section Six. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within the Maline Creek Trunk Subdistrict, as defined and delineated by District Ordinance No. 26, adopted June 30, 1955, and as enlarged by annexation thereto of the area described in District Ordinance No. 1962, adopted October 30, 1969, shall be Six Hundred Forty-four Thousand Eight Hundred Eighty-five Dollars ($644,885), which sum will be produced by the rate of ten cents (.100) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for agricultural property, ten cents (.100) per one hundred dollars assessed valuation for commercial property and ten cents (.100) per one hundred dollars assessed valuation for personal property. Section Seven. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within the Watkins Creek Trunk Subdistrict, as defined and delineated by District Ordinance No. 1304, adopted April 8, 1965, and as enlarged by annexation thereto of the area described in Ordinance No. 2050, adopted June 18, 1970, and Ordinance No. 2236, adopted October 29, 1971, shall be One Hundred Forty-eight Thousand Two Hundred Fifty-four Dollars ($148,254), which sum will be produced by the rate of ten cents (.100) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for agricultural property, ten cents (.100) per one hundred dollars assessed valuation for commercial property and nine point nine cents (.099) per one hundred dollars assessed valuation for personal property. Section Eight. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 88 (Fountain Creek), as defined and delineated by District Ordinance No. 377, adopted March 18, 1960, shall be Zero Dollars ($0.00), which sum will be produced by the rate of zero cents (.000) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, zero cents (.000) per one hundred dollars assessed valuation for commercial property and zero cents (.000) per one hundred dollars assessed valuation for personal property. Section Nine. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 89 (Loretta-Joplin), as defined and delineated by District Ordinance No. 383, adopted March 31, 1960, shall be Twenty-one Thousand Five Hundred Forty Dollars ($21,540), which sum will be produced by the rate of seven point nine cents (.079) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, seven point eight cents (.078) per one hundred dollars assessed valuation for commercial property and nine cents (.090) per one hundred dollars assessed valuation for personal property. Section Ten. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 342 (Clayton-Central), as defined and delineated by District Ordinance No. 1882, adopted May 1, 1969, shall be Zero Dollars ($0.00), which sum will be produced by the rate of zero cents (.000) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars 156 assessed valuation for agricultural property, zero cents (.000) per one hundred dollars assessed valuation for commercial property and zero cents (.000) per one hundred dollars assessed valuation for personal property. Section Eleven. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 366 (University City Branch of River des Peres Stormwater Subdistrict), as defined and delineated by District Ordinance No. 2146, adopted April 14, 1971, shall be Eight Hundred Twenty-nine Thousand Four Hundred Eight Dollars ($829,408), which sum will be produced by the rate of nine point three cents (.093) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, nine point five cents (.095) per one hundred dollars assessed valuation for commercial property and nine point four cents (.094) per one hundred dollars assessed valuation for personal property. Section Twelve. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 367 (Deer Creek Stormwater Subdistrict), as defined and delineated by District Ordinance No. 2557, adopted March 27, 1974; and as enlarged by annexation thereto of the areas described in District Ordinance No. 2611, adopted June 26, 1974, shall be Three Million Four Hundred Nineteen Thousand Seven Hundred Thirteen Dollars ($3,419,713), which sum will be produced by the rate of eight point six cents (.086) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for agricultural property, eight point four cents (.084) per one hundred dollars assessed valuation for commercial property and nine point three cents (.093) per one hundred dollars assessed valuation for personal property. Section Thirteen. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 369 (Sugar Creek Stormwater Subdistrict), as defined and delineated by District Ordinance No. 2552, adopted March 13, 1974, shall be Two Hundred Sixty Thousand Twelve Dollars ($260,012), which sum will be produced by the rate of five point five cents (.055) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, ten cents (.100) per one hundred dollars assessed valuation for commercial property and six point nine cents (.069) per one hundred dollars assessed valuation for personal property. Section Fourteen. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 448 (Missouri River - Bonfils), as defined and delineated by District Ordinance No. 3465, adopted March 22, 1978, shall be Zero Dollars ($0.00), which sum will be produced by the rate of zero cents (.000) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, zero cents (.000) per one hundred dollars assessed valuation for commercial property and zero cents (.000) per one hundred dollars assessed valuation for personal property. Section Fifteen. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 449 (Meramec River Basin - M.S.D. Southwest), as defined and delineated by District Ordinance No. 3482, adopted March 29, 1978, shall be Zero Dollars ($0.00), 157 which sum will be produced by the rate of zero cents (.000) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, zero cents (.000) per one hundred dollars assessed valuation for commercial property and zero cents (.000) per one hundred dollars assessed valuation for personal property. Section Sixteen. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 453 (Shrewsbury Branch of River des Peres), as defined and delineated by District Ordinance No. 3484, adopted April 12, 1978, shall be Nineteen Thousand Five Hundred Eighty-eight Dollars ($19,588), which sum will be produced by the rate of six point six cents (.066) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, six point five cents (.065) per one hundred dollars assessed valuation for commercial property and eight point two cents (.082) per one hundred dollars assessed valuation for personal property. Section Seventeen. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 454 (Seminary Branch of River des Peres), as defined and delineated by District Ordinance No. 3485, adopted April 12, 1978, shall be Two Hundred Twenty-one Thousand Five Hundred Twenty-four Dollars ($221,524), which sum will be produced by the rate of seven point one cents (.071) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, seven point eight cents (.078) per one hundred dollars assessed valuation for commercial property and seven point six cents (.076) per one hundred dollars assessed valuation for personal property. Section Eighteen. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 455 (Black Creek), as defined and delineated by District Ordinance No. 3486, adopted April 12, 1978, shall be Zero Dollars ($0.00), which sum will be produced by the rate of zero cents (.000) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, zero cents (.000) per one hundred dollars assessed valuation for commercial property and zero cents (.000) per one hundred dollars assessed valuation for personal property. Section Nineteen. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 1 of the River des Peres Watershed (Creve Coeur-Frontenac Area), as defined and delineated by District Ordinance No. 24, adopted June 20, 1955, and as enlarged by annexation thereto of the area described in District Ordinance No. 1719 adopted February 13, 1968, shall be Zero Dollars ($0.00), which sum will be produced by the rate of zero cents (.000) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, zero cents (.000) per one hundred dollars assessed valuation for commercial property and zero cents (.000) per one hundred dollars assessed valuation for personal property. Section Twenty. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 4 of the River des Peres 158 Watershed (North Affton Area), as defined and delineated by District Ordinance No. 22, adopted June 20, 1955, and as such part was enlarged by District Ordinance No. 190, adopted April 7, 1958, shall be Fifty-nine Thousand Four Hundred Twenty-nine Dollars ($59,429), which sum will be produced by the rate of eight point two cents (.082) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, six point six cents (.066) per one hundred dollars assessed valuation for commercial property and eight point five cents (.085) per one hundred dollars assessed valuation for personal property. Section Twenty-One. The amount of taxes which shall be levied, assessed and collected in the year 2014 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 7 of the River des Peres Watershed (Wellston Area), as defined and delineated by District Ordinance No. 409, adopted June 16, 1960, and as such part was enlarged by District Ordinance No. 2497, adopted November 8, 1973, shall be Thirty-one Thousand Six Hundred Fifteen Dollars ($31,615), which sum will be produced by the rate of ten cents (.100) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, ten cents (.100) per one hundred dollars assessed valuation for commercial property and ten cents (.100) per one hundred dollars assessed valuation for personal property. Section Twenty-Two. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section Twenty-Three. Emergency Clause. The taxes to be levied, assessed, and collected as provided for herein are essential to the operation of the District, and enacted without delay, thus creating an emergency within the meaning of the Charter. Accordingly, this ordinance shall take effect immediately upon its enactment. 159 Fiscal Year 2015 BUDGET160 WASTEWATERRATESORDINANCEOrdinance #13758The Wastewater Sewer Service Charges are established through an ordinanceand must be approved by the Board of Trustees to be enacted. A RateCommission process every three years is used to review and makerecommendations regarding the rates to the Board of Trustees.161 WASTEWATER ORDINANCE NO. 13758 AN ORDINANCE repealing and superseding Ordinance No. 13402 adopted June 14, 2012, and enacting a new ordinance in lieu thereof establishing a new Section Nineteen, Adjustment Review Committee. WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, a municipal corporation and a political subdivision of the State of Missouri (herein called the "District"), now owns and operates a revenue producing sewer and drainage system serving the District and its inhabitants (the "System") and pursuant to Section 3.020(1) of the Charter of the District adopted by the voters within the District for its government (the "Charter"), has the power "to maintain, operate, reconstruct, and improve the same as a comprehensive sewer and drainage system, and to make additions, betterments, and extensions thereto; to protect the public health and welfare by preventing or abating the pollution of water; and . . . [has] all the rights, privileges, and jurisdiction necessary or proper for carrying such powers into execution"; and WHEREAS, the District is subject to the provisions of the federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq., commonly referred to as the Clean Water Act (the "Federal Clean Water Act") and the Missouri Clean Water Law, §§ 644.006 et seq. R.S.MO. 1986, as amended (the "Missouri Clean Water Law") the objectives of which are to restore and maintain the chemical, physical, and biological integrity of the nation's waters; and WHEREAS, the District has obtained construction grants (the "Grants") from the Missouri Department of Natural Resources ("MDNR") and the Environmental Protection Agency ("EPA") for improvements to the System and has entered into grant agreements with such governmental agencies as a condition to obtaining such Grants (the "Grant Agreements"); and WHEREAS, the federal regulations promulgated pursuant to the Federal Clean Water Act and the District's Grant Agreements require the District to "review not less often than every two years the wastewater contribution of users and user classes, the total cost of operation and maintenance of the treatment works, and its approved user charge system . . . and to revise the charges for users or user classes to accomplish the following: (1) Maintain the proportionate distribution of operation and maintenance costs 162 among users and user classes as required herein; (2) generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works . . ."; and WHEREAS, Section 3.020 (16) of the Plan of the District authorizes the Board of Trustees "[t]o establish by ordinance a schedule or schedules of rates, rentals, and other charges, to be collected from all the real property served by the sewer facilities of the District, whether public or private, and to prescribe the manner in which and time at which such rates, rentals, and charges are to be paid, and to change such schedule or schedules from time to time as the Board may deem necessary, proper, or advisable, and to collect or enforce collection of all such charges. Such schedule or schedules may be based upon any classifications or sub-classifications which the Board may determine to be fair and reasonable . . . including but not limited to: (a) the consumption of water on premises connected with such facilities, taking into consideration commercial, industrial, and agricultural use of water; (b) the number and kind of plumbing fixtures connected with such facilities; (c) the number of persons served by such facilities; or (d) any combination of the factors enumerated. Any such rates, rentals, or other charges against public property shall be paid out of the general treasury of the public body, agency, corporation, or authority owning such property."; and WHEREAS, Section 7.040 of the Charter of the District established a Rate Commission to review and make recommendations to the Board of Trustees regarding all proposed changes in wastewater rates, storm water rates and tax rates or change in the structure of any of the foregoing; and WHEREAS, the Rate Commission, after having conducted public hearings and weighing evidence regarding the proposed wastewater user rate change, issued its Wastewater Rate Change Amendment Report on October 17, 2011, which recommended the wastewater user rates as hereinafter adopted; and WHEREAS, through Resolution No. 3006, adopted December 8, 2011, the Board of Trustees accepted said Wastewater Rate Change Amendment Report as issued by the Rate Commission on October 17, 2011. WHEREAS, the Board of Trustees (the "Board") has determined that it is appropriate to revise the schedule of Wastewater User Charges as provided in this Ordinance to provide for the determination and billing of such user charges; and WHEREAS, the Board is concerned with the impact of the Wastewater User Charges as provided by this Ordinance on 163 low income customers of the District and the Board has adopted a low income assistance program (the "Low Income Assistance Program") to provide a "low income assistance credit" on bills for Wastewater User Charges to "eligible low income customers" pursuant to Ordinance No.12686 of the District; and WHEREAS, the revenues to be derived from the Wastewater User Charges will be set aside in a separate fund and used for the purposes of operating, maintaining and replacing the Wastewater System in the District, as herein provided; and WHEREAS, the Wastewater User Charges bear a substantial relationship to and are designed to cover the costs of operating, maintaining and replacing the Wastewater System, as herein provided; and WHEREAS, the Board does hereby find and determine that the imposition of the schedule of increased Wastewater User Charges as provided in this Ordinance, is necessary to enable the District to operate its Wastewater System on a sound basis, to satisfy the requirements of the Plan, the Federal Clean Water Act, and the Missouri Clean Water Law, to comply with the mandates of the District's Grant Agreements, and the rules and regulations of the EPA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Definitions of Words and Terms. In addition to words and terms defined elsewhere in this Ordinance, the following words and terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended: "Approved Meter" means a water meter meeting the standards of meters used by the City of St. Louis Water Division, the Missouri American Water Company, or the public water supplier which provides water service to such Property, or a sewage flow meter satisfactory to the District. "Base Charge" means the sum of the System Availability Charge and the Billing and Collection Charges pursuant to Section Three of this Ordinance. "Billing and Collection Charges" means the charges established by the District pursuant to Section Three of this Ordinance, which are designed to recover the cost related to issuing and collecting bills. 164 "Best Equated Period" means a 90 to 92 day period of water usage for Metered Residential Property between November and April of the preceding winter period when lawn watering and other outdoor water uses are at a minimum and metered water use can best be equated to Wastewater discharges; provided that if the water bill issued during such period covers water usage for a period less than 90 days or more than 92 days the Best Equated Period shall mean a 91 day period and water usage shall be calculated based on average daily usage for the actual billing period. If water usage is less than 1 hundred cubic feet (ccf) for the aforesaid 90 to 92 day period, and water service remained active for said period, a minimum water usage of 1 ccf shall be imposed for said "Metered Residential Property". If water service is instituted after the aforesaid 90 to 92 day period, an average water usage of 8 ccf shall be imposed for said "Metered Residential Property" until such time as the actual "Best Equated Period" data can be established. "Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter in 5 days as determined by Standard Test Procedures and expressed in milligrams per liter. "Board" means the Board of Trustees of the District. "Capital Charge" means that portion of the total charges for wastewater services provided by the District which is established for debt retirement, construction or reconstruction of the Wastewater System, and any other lawful purpose of the District or its sub districts and not considered part of the Wastewater User Charges, or the Storm Water User Charges. Chemical Oxygen Demand" or "COD" means the quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter as determined by Standard Test Procedures and expressed in milligrams per liter. "Compliance Charge" means the charge established by the District pursuant to Section Three (A)(3) of this Ordinance which is designed to recover all District compliance activities for Non-Residential Properties required to comply with federal environmental regulations which are not recovered by specific environmental permit fees, Wastewater Monitoring Fees, or other related fees. "Contributed Wastewater Volume" means the quantity of water-borne wastes emanating from Property and, specifically, (1) for Metered Single-Unit Residential Property, means billed water usage during the Best Equated Period; (2) for 165 Metered Multi-Unit Residential/Non-Residential Property, means either (a) billed water usage throughout the year with exemption allowances for any water that does not enter the Wastewater System, or (b) measured Wastewater volume; and (3) for Unmetered Residential Property, means average indoor water usage characteristics of various housing attributes, as defined in the Rate Study, applied to the number of rooms and plumbing fixtures of each User's Property, as determined by the District. "District" means The Metropolitan St. Louis Sewer District. "Extra Strength Surcharges" means the Extra Strength Surcharges imposed by Section Three (A)(2) of this Ordinance. "Metered Non-Residential/Multi-Unit Residential Property" means Property used both for non-residential and residential purposes which consists of one or more non-residential units and one or more residential dwelling units connected to an approved meter. "Metered Property" means all Property connected to an Approved Meter through which the amount of water usage is measured. "Metered Residential Property" means Property used only for human residency which consists of one or more residential units connected to an approved meter. "Non-residential Property" means all Property other than Residential Property. "Normal Wastewater" means waters or wastes having (a) a 5-day Biochemical Oxygen Demand (BOD) not greater than 300 milligrams per liter; and (b) containing not more than 300 milligrams per liter of Suspended Solids (SS); and (c) having a Chemical Oxygen Demand (COD) not greater than 600 milligrams per liter. "Ordinance" means this Ordinance of the District unless a different Ordinance is indicated. "Owner" or "Owners" means the Person or Persons designated as the owner or owners of record of Property as set forth in the records of the office of the respective Recorders of Deeds for the City of St. Louis or for St. Louis County, Missouri. "Person" means any individual, firm, proprietorship, partnership, company, municipality, state, federal or local governmental entity, association, society, corporation, group, or other entity. "Plan" means the Proposed Plan of the Metropolitan St. Louis Sewer District as approved by the voters of the City of 166 St. Louis and St. Louis County at a special election held on February 9, 1954 and amended by said voters on November 7, 2000. "Pollutant" means any material or substance, toxic or otherwise, discharged to the Wastewater System which either singularly or in combination with other materials or substances interferes with, disrupts, or inhibits the Wastewater System's operations, or is not in compliance with specific prohibitions or standards developed by District, federal, state or local governments, or passes through the Wastewater System in a concentration which violates established effluent regulations or water quality standards. “Property" means an improved lot or parcel of real property, whether public or private, which is served by the Wastewater System. "Rate Commission" means that body established pursuant to Section 7.040 of the Charter of the District to review and make recommendations to the Board of Trustees regarding all proposed changes in wastewater rates, storm water rates and tax rates or change in the structure of any of the foregoing. "Residential Property" means Property used only for human residency. "Room/Fixture Charges" means the charges established by the District pursuant to Section Three of this Ordinance billed to each User Account based on the number of rooms and plumbing fixtures in such User's Property as determined by the District. "Served" or "Service" means Property with a sewer connected, either directly or indirectly, to the District's Wastewater System, or Property which otherwise discharges Wastewater directly or indirectly into the Wastewater System; or if the discharge of such substances there from ultimately enters the District's Wastewater System. "Sewer Use Ordinance" means Ordinance No. 13021 of the District, adopted January 14, 2010, as amended. "Standard Test Procedures" means "Guidelines Establishing Test Procedures for Analysis of Pollutants Under Clean Water Act" (40 CFR 136), as supplemented and amended from time to time. "Storm Water User Charges" means the charges established by District Ordinance No. 13125, adopted August 12, 2010, as amended. "Suspended Solids" or "SS" means solids that either float on the surface of, or are suspended in water, Wastewater, or 167 other liquids; as determined by analysis for non-filterable residue, in accordance with Standard Test Procedures and expressed in milligrams per liter. "System Availability Charge" means the charge established by the District pursuant to Section Three of this Ordinance which is designed to recover a portion of the costs related to infiltration and inflow. "Unit" means the portion of Residential Property designed for occupancy by a single person or single family. "Unmetered Residential Property" means Residential Property which is not connected to an Approved Meter. "User" means: (1) the Person occupying the Property; or (2) Owner of Property; or (3) the Person holding a permit for water service to the Property Served by the Wastewater System; or (4) any Person Served by the Wastewater System. "User Account" means each separate account to which a bill for Wastewater User Charges is issued by the District. "Volume Charge" means the Volume Charges established by the District pursuant to Section Three of this Ordinance billed to each User Account based on Contributed Wastewater Volume. "Wastewater" means the water-borne wastes emanating from Property, together with such groundwater, surface water, or storm water which enters the Wastewater System. "Wastewater Monitoring Fees" means the Schedule of Wastewater Monitoring Fees referred to in Section Four of this Ordinance and set forth in Appendix II. "Wastewater System" means the entire sewer and drainage system owned and operated by the District for the collection, transportation, storage, handling, and treatment of Wastewater, to serve the needs of the District and its inhabitants and others, including all appurtenances and facilities connected therewith or relating thereto, together with all extensions, improvements, additions and enlargements thereto hereafter made or acquired by the District. "Wastewater User Charges" means the applicable charges established by Section Three of this Ordinance, which consist of that portion of the charges of the District, which are established in a proportional and adequate manner to pay the cost of operation and maintenance (including replacement) of the Wastewater System in accordance with the requirements of the EPA and the MDNR. 168 Section Two. Establishment of Wastewater User Charges. There are hereby ratified, confirmed and established for services provided by the District to any Property Served by the Wastewater System, the Wastewater User Charges as set forth in Appendix I. All such Wastewater User Charges shall be in addition to any applicable Capital Charges. The District’s Wastewater User Charges must comply with the following mandates (the "Environmental Mandates"): (i) to have an approved Wastewater User Charge as required by the Federal Clean Water Act, the Missouri Clean Water Law and its Grant Agreements, and (ii) to provide necessary funds to operate, maintain and replace its Wastewater System so as to provide adequate Service to District residents. The District finds that it is necessary and in the public interest to implement the schedule of Wastewater User Charges as herein provided in order to protect the public health, safety and welfare and to insure the District's continued compliance with the Environmental Mandates. Section Three. Wastewater User Charges. (A) Metered Property. (1) Each metered property shall be charged a Base Charge and a Volume Charge as set forth in Appendix I. The Volume Charge shall be calculated separately for each Property, using the most current determination of Contributed Wastewater Volume. (2) Extra Strength Surcharges. Extra Strength Surcharges for the treatment of wastes containing Suspended Solids, Biochemical Oxygen Demand or Chemical Oxygen Demand exceeding Normal Wastewater strengths are hereby established and shall be billed to and collected from Non-residential Property Served by the Wastewater System at the rates for each User Account set forth in Appendix I, and shall be collected in addition to the charges imposed by Subsections (1) and (3) hereof. (a) A User shall be subject to Extra Strength Surcharges in any month if that User's water usage in such month equals or exceeds eight thousand cubic feet. (b) Each User subject to Extra Strength Surcharges shall submit to the District on forms supplied by the District pursuant to the Sewer Use Ordinance, a certified statement setting forth the strength and volume of Wastewater discharged by the User into the Wastewater System or into any sewer connected thereto. The data set forth in such statement shall be obtained from 169 samples collected in accordance with accepted procedures from the manhole or adequate place as described in the Sewer Use Ordinance at a time period representative of normal operational conditions and analyzed utilizing Standard Test Procedures. (c) Analytical data reported by the User discharging such Wastewater will be considered current for each subsequent billing period until such data is reported inaccurate and replaced by updated certified data by said User. The results of routine scheduled sampling and analyses by the District may be used in lieu of data reported by said User if such data is found to be not current or in error. (d) An Extra Strength Surcharge shall be collected from any User subject to Extra Strength Surcharges as provided for herein for the discharge into the Wastewater System of Suspended Solids (SS) which average concentration exceeds 300 milligrams per liter or Biochemical Oxygen Demand (BOD) which average concentration exceeds 300 milligrams per liter, with said Extra Strength Surcharge ("ESS") calculated for each billing period according to the following formula, to wit: 0.00624 x V x [(SS-300) x RSS + (BOD-300) x RBOD] ESS = 2000 (e) If the BOD/COD ratio of a User's Wastewater is equal to or less than 0.35 the BOD measurement may not be considered representative of the User's actual Wastewater strength. The District may substitute Chemical Oxygen Demand (COD) which average concentration exceeds 600 milligrams per liter, with said Extra Strength Surcharge ("ESS") calculated for each billing period according to the following formula, to wit: 0.00624 x V x [(SS-300) x RSS + (COD-600) x RCOD] ESS = 2000 170 In the above formulas the following terms shall mean: ESS = Extra Strength Surcharges. 300 = Maximum concentration of total BOD in Normal Wastewater in milligrams per liter. 300 = Maximum concentration of total Suspended Solids in Normal Wastewater in milligrams per liter. 600 = Maximum concentration of total COD in Normal Wastewater in milligrams per liter. 0.00624 = Conversion factor for milligrams per liter to pounds per hundred cubic feet. V = Volume of water usage or Wastewater discharged expressed in hundred cubic feet. RSS = Rate for SS in dollars per ton. RBOD = Rate for BOD in dollars per ton. RCOD = Rate for COD in dollars per ton. 2,000 = The number of pounds per ton. (f) All Extra Strength Surcharges shall be calculated separately for each Property using the Wastewater flow proportioned average strength concentration for each strength parameter and the most current determination of Contributed Wastewater Volume. (3) Non-residential Property Compliance Charge. A Compliance Charge shall be collected from all Non-residential Property Served by the Wastewater System at the rate for each User Account as set forth in Appendix I and shall be collected in addition to the charges imposed by Subsections (1) and (2) hereof. (4) Registration of Unmetered Water Supply. In the event Property is supplied either in whole or in part with water from wells or any source other than a public water supplier, then such wells or other source of supply shall be registered with the Director of Finance of the District. If such supply serves Metered Property and is not measured by a water meter, or is 171 measured by a water meter not acceptable to the District, then in such case, the User, at his own expense shall install and maintain an Approved Meter connected to such water supply. Whenever a new supplier or source of water other than a public water supplier shall be put into use by Metered Property, such source of water shall be registered with the Director of Finance of the District within thirty days. (5) Metered Water Not Entering the Wastewater System. Where it can be shown to the satisfaction of the District that a portion of the water as measured by an Approved Meter does not enter the Wastewater System, then the District is hereby authorized to determine, in such manner and by such method as may be practicable, the percentage of the water measured by the Approved Meter which enters the Wastewater System. In such case, Wastewater User Charges shall be based upon the percentage of the metered water entering the Wastewater System. Additional Approved Meters may be required or permitted at the User's expense in such manner as to measure the quantity of Contributed Wastewater Volume entering the Wastewater System from the Property of such User. Applications requesting consideration for a reduction in the Wastewater Service Charge, because of water not entering the Wastewater System, shall be made to the Director of Finance of the District, on forms provided by the District. (6) Requirement of an Approved Meter for Non-Residential Property. All Non-Residential Property within the District shall be connected to an Approved Meter. In the event Property within the District is owned by a municipality and is served by water provided by such municipality and not connected to an Approved Meter, the District shall provide a method for estimating Wastewater discharge by such Property which is fair and equitable, in lieu of connection to an Approved Meter, and shall bill such municipality for Wastewater User Charges as provided for Metered Property pursuant to this Ordinance based on such estimated Wastewater usage. (B) Unmetered Residential Property. (1) Each unmetered residential property shall be charged a Base Charge and a Room/Fixture Charge as set forth in Appendix I. Such charges shall be calculated separately for each Property using the most current available data regarding the number of rooms and plumbing fixtures in such Property. The Director of Finance shall determine the number of rooms and plumbing fixtures in such Property from the records of the City of St. Louis Water Division or other public water suppliers, from the records of 172 the Office of Assessor of the City of St. Louis or St. Louis County, or from on site inspection. A User of Unmetered Residential Property who considers the determination by the District of the number of rooms and plumbing fixtures for which such User is billed Wastewater User Charges to be inaccurate or erroneous may appeal such determination as herein provided. (2) Right of Entry and Inspection. The District shall have the power to enter on any Property for the purposes of examining the use made of its Wastewater System, the number of rooms and plumbing fixtures in such Property, the number and kind of plumbing fixtures connected with such Wastewater System, and for the purpose of inspecting or reading the Approved Meter connected to such Property. When such examination gives reason to believe that the usage of water on such Property places a burden on the Wastewater System in excess of that for which the User of such Property is being billed then the Wastewater discharged from such Property shall be measured, at the expense of the User, by a water meter or meters or by a Wastewater flow meter or meters. If such measurement shows that the flow of Wastewater is excessive, Wastewater User Charges shall be billed and collected for such measured usage as for Metered Property. (C) Application of Wastewater User Charge Revenues. All revenues collected from Wastewater User Charges shall be segregated, credited and deposited in a Wastewater Revenue Fund to be established and maintained by the Director of Finance of the District, and shall be used solely to pay for the costs of the operation (including billing, administration and overhead), repair, maintenance, improvement, renewal, replacement and reconstruction of the District's Wastewater System. Section Four. Wastewater Monitoring Fees. When the Sewer Use Ordinance of the District or regulations of the federal government or state government require periodic monitoring of Wastewater from Non-residential Property, whether for strength calculations, for National Pollutant Discharge Elimination System compliance, or for pretreatment program requirements, the User of such Property monitored shall furnish the District at least one report for each quarterly calendar period from an independent testing laboratory satisfactory to the District, which report shall set forth the information required by the District on forms supplied by the District. As an alternative to furnishing the reports herein required, the User of such Property may request the District to collect the necessary samples and perform the analysis thereof. If the District agrees to so act, the User of such Property shall be billed for and agree to pay all costs for personnel, material and equipment used to collect and analyze samples from the User's Wastewater as set 173 forth in the schedule of charges in Appendix II hereof. Each User shall be billed based on the number of samples collected and the number and types of analyses performed during each billing period and billed in accordance with current billing procedures. A User shall not be billed for more than four (4) such samplings per year for each connection to the Wastewater System. Sampling and analysis undertaken for purposes other than required periodic monitoring shall not be billed for Wastewater Monitoring Fees under this section. The District may terminate such collection and analysis at any time and it shall thereafter be the obligation of the User of such Property to furnish the test information called for above from an independent testing laboratory. Section Five. Pollutants. Any User which discharges any Pollutants which cause an increase in the cost of managing the effluent or sludge from the Wastewater System shall pay for such increased costs. Section Six. All bills for Wastewater User Charges shall be prepared by the District and shall be issued monthly for services provided in the preceding month. The issuance of any monthly bill may be delayed by the District for good cause. On or after May 1, 2004, the Wastewater User Charges shall be billed to the Owner or Owners of the property served by the Wastewater System. Such Wastewater User Charges shall also constitute a personal obligation of any User of the Wastewater System regardless of to whom the bill for Wastewater User Charges is sent and shall constitute a charge and a lien against the Property Served, whether or not a notice of lien has been served. For the District's convenience, all individual Wastewater User Charges may be combined with any other charges of the District, and all such charges may be billed together. In the event of a change in Owner or User of Property or termination of Service to Property during a billing period, application may be made to the Director of Finance of the District for a refund or proration of Wastewater User Charges for such billing period. The Owner of Metered Residential Property containing more than one unit shall have the option of being charged on the basis of Best Equated Period. The Owner may obtain an application for such change from the Director of Finance. Upon receipt of an Application of Change in billing basis for said Property the change in billing will take effect not sooner than sixty (60) days from receipt of the application. 174 Once an Owner of Metered Residential Property containing more than one (1) unit has elected to be charged on the basis of Best Equated Period, that Owner shall not be permitted to again change. In the event wastewater service is being provided to any parcel of real property and said parcel is being under-billed or not being billed at all, the District shall have the authority to charge the owner of said parcel retroactively for a period not to exceed one and one-half (1½) years from the date of discovery. In the event said parcel is being over-billed by the District, and the current owner of said parcel can verify such over-billing, then the District shall refund the current owner of the parcel any amount verified to be overpaid by said owner. The Metropolitan St. Louis Sewer District will not collect Wastewater User Charges from the owner of real property when it is known that said real property is connected to a septic tank. Upon notification from the property owner that certain real property which is connected to a septic tank is being billed by the District for Wastewater User Charges, upon verification, the District will refund to the owner any and all of said Wastewater User Charges so collected from said owner. Section Seven. Charge for Late Payments. On or after July 1, 2009, any Wastewater User charges billed that are not paid by the due date indicated on any bill rendered shall bear a late payment charge equal to three-fourths of one percent (0.75%) per month, or nine percent (9%) per annum, of the amount of the bill rendered and is herby imposed for each month or portion thereof that the charges remain unpaid beyond the due date. Section Eight. Wastewater User Charges Constitute a Lien. The Wastewater User Charges shall constitute a lien upon the Property Served on the date a bill is rendered for Wastewater Service, and said lien shall have the same priority as taxes levied for state and county purposes. The District may cause a notice of lien for non-payment of such charges to be filed in the Office of the Recorder of Deeds within and for the City of St. Louis or St. Louis County, depending upon where such Property Served is located. Such notice of lien shall state the Wastewater User Charges due, and shall adequately describe the Property against which such lien is asserted. A copy of such notice of lien shall be mailed to the Owner of the Property at the last address on file with the District and the filing of such notice in the Office of the Recorder of Deeds may be deferred as a matter of grace for not more than thirty (30) days from the mailing date. All Wastewater User Charges that remain unpaid shall bear interest at a rate not to exceed the lower of nine 175 percent (9%) per annum or the maximum legal rate from the time a notice of lien is filed with the appropriate recorder of deeds as herein prescribed, until such time as the account is brought current. After such notice of lien is filed of record, the fees of the Recorder for filing and releasing said lien shall also be payable to the District as a prerequisite to releasing said lien. Section Nine. Termination of Service for Nonpayment. When any Wastewater User Charge has not been paid and has been delinquent for a period in excess of three months, the District is authorized to order the water supply to be shut off for the Property for which the Wastewater User Charge is delinquent or to remove or close any sewer connections, or both, until payment of the delinquent charge together with the reasonable costs involved in shutting off and turning on the water, or closing and reopening the sewer connection, as the case may be, have been paid. When any Wastewater User Charge has not been paid and has been delinquent for more than fifteen days after the due date, then the District may refuse to issue to the Owner and/or User a permit to connect any other Property owned or controlled by said Owner and/or User to the Wastewater System or Storm Water System; or may refuse to review any plans submitted by or on behalf of such Owner and/or User; or issue any permits requested by or on behalf of such Owner and/or User; or refuse to contract for any purpose with or accept Wastewater or Storm Water from any such Owner and/or User. Section Ten. Remedies. Whenever any charge on an account is unpaid after ninety days from the date the bill for such account was rendered, then the amount for all charges, including late fees and attorney fees, accrued and accruing on the account may be collected by any or all of the three procedures: (A) by assignment or forwarding for collection to a collection agency or law firm; or (B) by suit or other proceedings in any court of competent jurisdiction; or (C) by enforcement of the lien provided herein. The District shall have the power to sue any Owner and/or User, jointly and severally, in a civil action to recover delinquent charges plus the late payment charge and interest on the delinquent bill, plus all costs incurred by the District in connection with the filing, enforcement and relinquishment of such lien and the prosecution and collection of such charges including court costs, 176 fees for transcript judgments, special process servers, credit reports, video reports, sewer and/or water shutoff costs, other related fees, and reasonable attorney's fees to be fixed by the court. Section Eleven. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would reduce any charge imposed by the District. Section Twelve. Violation of Ordinance. Any Person violating Section Eleven of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50.00 nor more than $500.00. The imposition of such penalty shall in no way restrict or deprive the District of its right to pursue any other remedy it may have for the collection of any delinquent bill for Charges. Section Thirteen. Wastewater User Charge Review. The Board shall regularly review the Wastewater User needs of the District and Wastewater User Charges, usually as a part of a Rate Proposal from the Rate Commission, to assure the appropriateness of the Wastewater User Charges. (A) Maintain the proportional distribution of operation, maintenance and replacement costs among User classes. (B) Provide adequate revenues to cover operation, maintenance and replacement costs. (C) Provide adequate revenues for the payment of debt service on or required by the provisions of any outstanding bonds. Section Fourteen. Notice of Rates. Each User Account shall be notified at least annually in conjunction with a regular billing for Wastewater User Charges as to: (A) the rate schedule in effect; and (B) that part of Wastewater User Charges attributable to wastewater services. Section Fifteen. Deposit of Funds. The funds received from the collection of any of the aforesaid charges shall be deposited daily as received by the Secretary-Treasurer of the District, and shall be deposited in duly designated bank accounts, and such moneys may be appropriated and used for the purposes of the District as herein provided. Section Sixteen. Collection Offices. Collection offices may be established at convenient locations throughout the 177 District. The Director of Finance is hereby authorized to enter into contracts with the owners or operators of business establishments to provide collection services at such locations as are selected and may provide in such contracts for the payment by the District of a fee to the collecting establishment for rendering such collection services. Section Seventeen. Appeals. Any Person who considers the Wastewater User Charges billed to such Person pursuant to the provisions of this Ordinance or any other determination by the District pursuant to the provisions of the Ordinance to be illegal, inaccurate or erroneous may request a review thereof by the Director of Finance or his designate within thirty (30) days of (i) the bill to such Person for Wastewater User Charges with respect to such Property, or (ii) written notice to such Person of a determination by the District which is contested. The determination by the Director of Finance may be appealed by such Person to the Executive Director, by written notice of appeal filed with the Director of Finance within thirty (30) days of his determination. The determination by the Executive Director shall be considered a final order of the District. Section Eighteen. Judicial Review. Any Person or Persons jointly or severally aggrieved by any final order of the Executive Director of the District may seek judicial review of such decision or pursuant to the procedures set forth in Section 12.110 of the District's Plan. Section Nineteen. Adjustment Review Committee. A committee, to be known as the Adjustment Review Committee (ARC), is hereby established and shall meet, at minimum, once a month to conduct its business. The ARC shall be comprised of the voting members which are the District's Director of Finance, Assistant Director of Finance, the Secretary-Treasurer, and General Counsel. Non-voting members are the Accounts Receivable Manager and Audit Administrator. For purposes of Section Nineteen of this Ordinance the following terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended. Adjustment - any change in billing resulting from errors and/or changes in circumstances. Write-off - an uncollectible amount due the District according to State or Federal Statute or as determined by majority approval of the ARC. Settlement - agreement between the customer and the District to alleviate all or part of a delinquent condition. 178 On a monthly basis, the ARC shall review and properly record in the minutes all prior monthly billing adjustments as approved and presented by the Accounts Receivable Manager. These billing adjustments may result from but are not limited to; misapplied payment, ccf adjustment, reduction factor, water-off, transfer of balance due to bankruptcy notice, new occupant/water meter registrant, bank encoding error, or water back-up. All write-offs or settlements of accounts shall require a majority of the ARC voting members to meet and discuss before approval. No write-off or settlement in excess of Five Thousand Dollars ($5,000.00) and less than Twenty-five Thousand Dollars ($25,000.00) shall be effective unless reviewed and approved by three (3) out of the four (4) voting members of the ARC. Any write-off or settlement greater than Twenty-five Thousand Dollars ($25,000.00) shall require Finance Committee approval or ratification. The suspension of these rules may occur when a time constraint exists and a decision must be made before the next scheduled meeting, or a situation exists from, but not limited to; foreclosure, sheriff or county tax sale, Land Reutilization Authority, Land Clearance for Redevelopment Authority, or discharged bankruptcy. In these instances, no settlements or write-offs in excess of Five Thousand Dollars ($5,000.00) shall be effective unless reviewed and approved by three (3) out of four (4) voting members of the ARC on an individual basis or at a special meeting as requested by any of the ARC members. All such instances will be reported at the next regularly scheduled meeting of the ARC and recorded in the minutes. ARC activity will be reported to the Board's Finance Committee on a frequency determined by the Board’s Finance Committee. The committee shall perform any other such duties relating to billing and collection policies. Such duties shall be reported to the Executive Director and Board of Trustees. Section Twenty. Severability. The Board hereby declares that if any section, part, sentence or clause of this Ordinance is held invalid, such invalidity shall not affect the remainder of this Ordinance, the Board hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. Section Twenty-One. Prior Ordinances. The provisions contained in this Ordinance shall repeal and supersede Ordinance No. 13021, adopted January 14, 2010, and shall take the place of and supersede the provisions of all prior ordinances 179 relating to the same subject matter, which are herewith inconsistent. This Ordinance shall not be so construed as to relieve any Person from the payment of any charge which is due and payable under the provisions of any prior ordinance, nor to bar the collection of same by any and all of the means provided for in said prior ordinance. This Ordinance shall not be so construed as to relieve any Person from any penalty heretofore incurred by the violation of any prior ordinance nor to bar the prosecution of any such violation in the manner provided therein. The foregoing Ordinance was adopted on December 12, 2013. 180 APPENDIX I WASTEWATER USER CHARGES July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 Charge Charge Charge Charge METERED PROPERTY (per Month/per User Account) Base Charge $13.15 $14.85 $16.25 $18.25 Volume Charge $2.28/100 $2.50/100 $2.82/100 $3.21/100 All Volume Cubic Feet Cubic Feet Cubic Feet Cubic Feet UNMETERED RESIDENTIAL PROPERTY (per Month/per User Account) Base Charge $13.15 $14.85 $16.25 $18.25 Room/Fixture Charge: Room (each room) $ 1.48 $1.63 $1.83 $2.09 Water Closet (each fixture) $ 5.56 $6.10 $6.88 $7.83 Bath (each fixture) $ 4.64 $5.08 $5.73 $6.53 Separate Shower (each fixture) $ 4.64 $5.08 $5.73 $6.53 181 APPENDIX I WASTEWATER USER CHARGES continued July 1, 2012 Charge July 1, 2013 Charge July 1, 2014 Charge July 1, 2015 Charge NON-RESIDENTIAL PROPERTY (per Month/per User Account) Extra Strength Surcharges (if water usage equals or exceeds 8000 cubic feet per month): Suspended Solids (SS) * $231.35 $231.35 $244.03 $251.88 Over 300 mg/liter (Milligrams per liter) Biochemical Oxygen Demand (BOD) * $620.14 $620.14 $620.14 $632.38 Over 300mg/liter (Milligrams per liter) Chemical oxygen Demand (COD)* $310.07 $310.07 $310.07 $316.19 Over 600 mg/liter (Milligrams per liter) * Per Ton Base Charge $ 13.15 $14.85 $16.25 $18.25 Volume Charge $2.28/100 $2.50/100 $2.82/100 $3.21/100 All Volume Cubic Feet Cubic Feet Cubic Feet Cubic Feet Compliance Charge/per Month Tier 1: 0 Inspection/0 Sample Point $ 23.00 $ 16.00 $ 9.00 $ 2.15 Tier 2: 1 Inspection/0 Sample Point $ 39.80 $ 41.85 $ 43.55 $ 44.50 Tier 3: 1 Inspection/1 Sample Points $ 84.75 $ 89.15 $ 92.75 $ 94.80 Tier 4: 1 Inspection/2 Sample Points $124.25 $130.70 $136.00 $139.00 Tier 5: 1 Inspection/More Than 2 Sample Points $163.75 $172.25 $179.25 $183.15 182 STORMWATERRATES ORDINANCEOrdinance #13466The Stormwater Sewer Service Charge rates are established through anordinance and must be approved by the Board of Trustees to be enacted. ARate Commission process every three years is used to review and makerecommendations regarding the rates to the Board of Trustees. Charges arecurrently a flat-rate of $.24 per month or $.18 per unit per month for multi-unitresidential properties.183 STORMWATER ORDINANCE #13466 AN ORDINANCE, repealing and suspending Ordinance No. 13125, adopted August 12, 2010, and enacting a ne w ordinance in lieu thereof to continue the schedule of monthly Stormwater Service Charge as approved by the voters on March 8, 1988. WHEREAS Ordinance No. 13125, adopted January 14, 2010, previously reinstituted the schedule of m onthly Stormwater Service Charge as approved by the voters on March 8, 1988, with an emergency clause. WHEREAS, Ordinance No. 12560 adopted December 13, 2007, previously established a new schedule of stormwater user charges and repealed and superseded Ordinance No. 9183, adopted January 12, 1994, Ordinance No. 9030, adopted June 16, 1993, and Ordinance No. 8657, adopted May 3, 1992; and WHEREAS, Ordinance No. 12789 adopted D ecember 11, 2008, rep ealed and superseded Ordinance No. 12560 adopted December 13, 2007; Ordinance No. 12906 adopted June 11, 2009 repealed and superseded Ordin ance No. 12789 adopted December 11, 2008; and Ordinance No. 13022 adopted January 14, 2010 repealed and superseded Ordinance No. 12906 adopted June 11, 2009; and WHEREAS, Zweig, et al vs. MSD, Cause No. 08SL-CC3051, was initially filed on July 18, 2008, concerning the MSD stormwater user charge as adopted in MSD Ordinance No. 12560; and WHEREAS, on July 9, 2010, the court handed down Findings of Fact, Conclusions of Law, Judgment and Decree in the first phase of the bifurcated trial of Zweig, et al vs. MSD, Cause No. 08SL-CC03051; and WHEREAS, in light of the court’s decision a nd until f inal resolution of the case, the Distric t hereby suspend s Ordinance No. 13022 and enacts a new Ordinance to reinstitute the schedule of monthly Stormwater Service Charge as approved by the voters on March 8, 1988, and; WHEREAS, by Ordinance No. 7450, adopted May 11, 1988, the District established the Stormwater Service Charges approved by the voters on March 8, 1988; and WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, Municipal Corporation and political subdivision of the State of Missouri (herein called the "District"), was established as a metropolitan sewer district under the provisions of Section 30 of Article VI of the Constitution of the State of Missouri, pursuant to a Plan adopted by the voters of St. Louis City and St. Louis County at a special election held on Tuesday, February 9, 1954 (the "Plan"); and WHEREAS, the Plan established the District in the interest of the publ ic health and for the purpose of providing adequate sewer and drainage facilities within the boundaries of the District; and WHEREAS, the Plan empowers the District with jurisdiction, control, possession and supervision of sewer and drainage systems and facilities as may be placed under the District' s jurisdiction in the manner provided in the Plan; to m aintain, 184 operate, reconstruct and im prove the same as a com prehensive sewer and drainage system ; to make additions, betterments and extensions thereto; to protect the public health and welfare by preventing or abating the pollution of water; and to have all the rights, privileges and jurisdiction necessary or proper for carrying such powers into execution; and WHEREAS, the stormwater system within the District consists of man made facilities and structures and natural water courses used for collecting and conducting stormwater to, through and from drainage areas to the points of final outlet including, but not limited to, sewers, pipes, inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, flood walls, levies, and pumping stations (the "Storm water System"); and WHEREAS, by Resolution No. 65 adopted by the Board of Trustees of the District on May 21, 1956, the District accepted the maintenance and operation of the portion of the Stormwater System theretofore operated and m aintained by the municipalities, sewer districts and other public agencies within the boundaries of the District established under the original Plan (the "Original Area"); and WHEREAS, a special election was held on May 10, 1977, pursuant to which additional areas were annexed to the District (the "Annexed Area"); and WHEREAS, by Resolution No. 1494 adopted by the Board of Trustees of the District on April 27, 1977, the District established a policy reg arding the Stormwater System in the Annexed Area which provided that the District would not assum e immediate control of the Storm water System in the Annexed Area, but would provide planning services and wo rk with loc al municipal authorities and other organizations and groups to coordinate stormwater and drainage programs where such services were requested; and WHEREAS, by Ordinance No. 7691 adopted by the Board of Trustees of the District on February 22, 1989, the District established a policy effective April 1, 1989, to regulate the construction, alteration and reconstruction of all storm water and drainage facilities within the District and undertake the operation and maintenance of those portions of the Stormwater System accepted for dedication by the District within the boundaries of the entire District to the extent of available funds for such purposes; and WHEREAS, the District's Plan authorizes the Board to establish by ordinance charges to be collected from all the real property served by the sewer facilities of the District, whether public or private, such charges to be based upon any classifications or sub-classifications which the Board may determine to be fair and reasonable, and to prescribe the manner in which and time at which such charges are to be paid; and WHEREAS, the District is subject to the provisions of the federal Water Pollution Control Act, as amended (commonly referred to as the Federal Clean Water Act), 33 U.S.C. § 1251, et seq. (the "Federal Clean Water Act"), and the regulations promulgated there under; and WHEREAS, there are continuing and growing threats to the public health, safety and welfare of the District and its residents created by stormwater, including flooding, erosion, water pollution, creation of pest breeding areas, traffic hazards caused by flooding, etc.; and 185 WHEREAS, in connection with the susp ension of the Stormwater User Charge and with the re-establishment of the Stormwater Service Charges as herein provided, the District will reinstitute the collection of ad valorem property taxes to be used for the purpose of providing service to the Stormwater System; and WHEREAS, the Board does hereby find and determine that the adoption of this Ordinance is in the public interest of the District and its residents, will further the public purposes of the District, and is desirable and necessary in furtherance of the public health, safety and welfare of the District and its residents. NOW, THEREFORE, BE IT OR DAINED BY THE BOARD OF T RUSTEES OF THE M ETROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Definitions of Words and Terms. In addition to words and term s defined elsewhere in this Ordinance, the following words and term s as used in this Ordinanc e shall have the following m eanings, unless some other meaning is plainly intended. "Area" means the square footage measurement of Property. "Board" means the Board of Trustees of the District. "Dedicated Stormwater Facilities" means those portions of the Stormwater System which have been accepted for dedication by the District as provided in Section Three of this Ordinance. "District" means The Metropolitan St. Louis Sewer District. "Owner or Owners" means both the owner or owners of record of Property as set forth in the records of the office of the respective Recorders of Deeds for the City of St. Louis or for St. Louis County, Missouri. "Person" means any individual, firm, proprietorship, partnership, company, m unicipality, state, federal or local governmental entity, association, society, corporation, group, or other entity. "Property" means a lot or parcel of real estate, whether public or private, which is served by the Stormwater System. "Stormwater" means any water or drainage resulting from precipitation which may or may not be m ixed with an accumulation of dirt, soil, and other debris or substances collected from the surfaces on which such precipitation falls or flows. "Stormwater Design Standards" means the most current published edition of "Rules and Regulations and Engineering Design Requirements for Sanitary Sewerage and Stormwater Drainage F acilities" and "Standard Construction Specifications for Sewers and Drainage Facilities" as ratified and approved from time to time by the Board. "Stormwater Facility" or "Stormwater Facilities" means various drainage works that may include sewers, pipes, inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components. "Stormwater Service” means the planning and regulating of the Stormwater System and all a ctivities described in Appendix I. "Stormwater System" means all m an-made facilities, structures, and natural Watercourses used for collecting and conducting Stormwater to, through, and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: sewers, pipes, inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, rivers, 186 gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees, and pumping stations. "Stormwater Service Charges" means the charges imposed by the District pursuant to this Ordinance. "User" means the occupant or Owner of Property, or any Person served by the Stormwater System. Section Two. Establishment of the Stormwater Service Charges. The Stormwater Service Charges to be imposed on all Property served by the Stormwater System were approved by the voters on March 8, 1988. Section Three. Dedication of Stormwater Facilities. The Distric t will accept for dedication all existing or newly constructed Stormwater Facilities as provided by this Section. The Executive Director shall accept the dedication of an existing Stormwater Facility to the Dis trict's Stormwater System, provided that th e District's final inspection report made prior to th e acceptance of dedication confirms that such facility is located in public rights-of-way or easements granted to and accepted by the District and which is not encroached upon, is intended for public use, and m eets the District' s current policy on Stormwater maintenance as provided in Section Four of this Ordinance. Upon completion of construction of new Stormwater Facilities for which plans are received, reviewed and approved by the District after April 1, 1989, the Stormwater Facilities shall be dedicated to the District and the Executive Director shall accept the dedication of such Stormwater Facilities to the District's Stormwater System, provided that the facilities have been constructed in accordance with the approved plans, the District's final inspection reports made prior to the acceptance of dedication confirm that the facilities meet the Stormwater Design Standards, and the facilities meet the District’s current policy on Stormwater m aintenance as provided in Section Four of this Ordinance. Section Four. Maintenance of Dedicated Stormwater Facilities. The District shall maintain all Dedicated Stormwater Facilities pursuant to policies established from time to time by resolution of the Board to p rioritize the use of m onies from the Stormwater Service Charges and other available funds to m eet the greatest needs in furtherance of the public health, safety and welfare and in compliance with the Federal Clean Water Act. To the extent of available funds the District shall establish a program of maintenance of Dedicated Stormwater Facilities in accordance with the District's then current Stormwater Maintenance Policy. The Board hereby adopts the Stormwater Maintenance Policy attached hereto as Appendix I. Section Five. Private Storm water Facilities. The Owner shall be responsible for Stormwater Facilities located on private property where runoff will principally be collected within that property and for all other Stormwater Facilities not maintained by the District per Appendix I. The Owner shall clean and maintain the facility or channel as required to ensure proper operation as required by law or regulation. Where Dedicated Stormwater Facilities are in easements, the Owner of the Property is responsible for maintenance of such easements including lawn mowing, litter pick-up, pest control, removal of blockages and encroachments, etc. The Owner shall place no structures or plantings that interfere with the Stormwater Facility or its operation and maintenance. Section Six. Rules and Regulation s. In order to accom plish the purpose of this Ordinance to pro tect the Stormwater System within the District, to secure the best results from the construction, operation, and maintenance thereof, and to prevent damage and misuse of any of the Drainage Facilities, improvements, or properties within the District, the Executive Director may make and enforce rules and regulations that are necessary and reasonable: 187 (A) To prescribe the m anner in which storm sewers, ditches, channels, and other Stormwater Facilities are to b e designed, installed, adjusted, used, altered, maintained, replaced, or otherwise changed. (B) To prescribe the manner in which Stormwater Facilities are operated. (C) To facilitate the enforcement of this Ordinance. (D) To protect the Stormwater System, and to prescribe the manner of its use by any public or private person, firm, or corporation. (E) To protect the public health, safety, and welfare. Section Seven. Permits and Plan Review. All plans and designs for all Stormwater Facilities within the boundaries of the District shall be submitted for approval, revision or rejection by the District pursuant to the Plan, applicable Ordinances and the District Stormwater Design Standards. Except as preempted or otherwise delegated by EPA or MDNR, the District shall provide all stormwater plan and design review, permit control and construction inspection. Section Eight. Stormwater Service Charge Policy. Stormwater Service Charges will be imposed on all Property served by the Stormwater System within the District, whether public or private. Section Nine. Stormwater Service Charges. Beginning with the Effective Date of this Ordinance, the District shall impose the Stormwater Service Charges as shown in Appendix II. Section Ten. Billing. All bills for Stormwater Service Charges shall be prepared by the District and shall be issued monthly for services provided in th e preceding month. The issuance of any monthly bill may be delayed by the District for good cause. The Stormwater Service Charges shall be billed to the Owner of the Property or to the Person billed by the Distric t for Stormwater Service Charges for such Property. Such Stormwater Service Charges shall also constitute a personal obligation of both the Owner and any User of the Property regardless of to whom the bill for Stormwater Service Charges is sent and shall constitute a charge and a lien against the Property served. For the Dis trict’s convenience, all Storm water Service Charges m ay be com bined with any other charges of the District, and all such charges may be billed together. In the event of a change in Owner or User of Property during a billing period, application may be made to the Director of Finance of the District for a refund or prorating of Stormwater Service Charges for such billing period. In the event stormwater services are being provided to any parcel of real property and said parcel is being under-billed or is not being billed at all, the District shall have the authority to charge the owner of said parcel retroactively for a period not to exceed one and one-half (1½) years from the date of discovery. In the event said parcel is being over-billed by the District, and the current owner of said parcel can verify such over-billing, then the District shall refund the current owner of the parcel any amount verified to be overpaid by said owner. Section Eleven. Charge for Late Paym ents. On or after July 1, 2009, any Storm water Service Charges billed that are not paid by the due date indicated on any bill rendered shall bear a late payment charge equal to three-fourths of one percent (0.75%) per month, or nine percent (9%) per annum, of the amount of the bill rendered and is herby imposed for each month or portion thereof 188 that the charges remain unpaid beyond the due date. Section Twelve. Stormwater Service Charges Constitute a Lien. The Storm water Service Charges shall constitute a lien upon the Property served on the date a bill is rendered for Stormwater Service, and said lien shall have the same priority as taxes levied for state and county purposes. The District may cause a notice of lien for non-payment of such charges to be filed in the Office of the Recorder of Deeds within and for the City of St. Louis or St. Louis County, depending upon where such Property served is located. Such notice of lien shall state the Stormwater Service Charges due, and shall adequately describe the Property against which such lien is asserted. A copy of such notice of lien shall be m ailed to the Owner of the Property at the last address on file with the District and the filing of such notice in the Office of the Recorder of Deeds may be deferred as a m atter of grace for no t more than thirty (30) days from the mailing date. All Stormwater Service Charges that remain unpaid shall bear interest at a rate not to exceed the lower of nine percent (9%) per annum or the m aximum legal rate from the time a notice of lien is filed with the appropriate recorder of deeds as herein prescribed, until such time as the account is current. After such notice of lien is filed of record, the fees of the Recorder for filing and releasing said lien shall also be payable to the District as a prerequisite to releasing said lien. Section Thirteen. Termination of Service for Nonpayment. When any Storm water Service Charge has not been paid and has been delinquent for a period in excess of three months, the District is authorized to order the water supply to be shut off for the Property for which the Storm water Service Charge is delinquent or to remove or close any sewer connections, or both, until payment of the delinquent charge together with the reasonable costs involved in shutting off and turning on the water, or closing and reopening the sewer connection, as the case may be, have been paid. When any Stormwater Service Charge has not been paid and has been delinquent for m ore than fifteen days after the due date, then the District may refuse to issue to the Owner and/or User a permit to connect any other Property owned or controlled by said Owner and/or User to the Wastewater System or Stormwater System; or may refuse to review any plans submitted by or on behalf of such Owner and /or User; or issue any permits requested by or on behalf of such Owner and/or User; or refuse to act on any easement vacation request by or on behalf of such Owner and/or User; or refuse to contract for any purpose with or accept Wastewater or Stormwater from any such Owner and/or User. Section Fourteen. Remedies. Whenever any charge on an account is unpaid after ninety days from the date the bill for such account was rendered, then the amount for all charges, including late fees and attorney fees, accrued and accruing on the account may be collected by any or all of the three procedures: (A) by assignment or forwarding for collection to a collection agency or law firm; or (B) by suit or other proceedings in any court of competent jurisdiction; or (C) by enforcement of the lien provided herein. The District shall have the power to sue any Owner and/or User, jointly and severally, in a civil action to recover delinquent charges plus the late payment charge and interest on the delinquent bill, plus all costs incurred by the District in connection with the filing, enforcement and relinquishment of such lien and the prosecution and collection of such charges including court costs, 189 fees for transcript judgments, special process servers, credit reports, video reports, sewer and/or water shutoff costs, other related fees, and reasonable attorney's fees to be fixed by the court. Section Fifteen. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would tend to reduce Stormwater Service Charges imposed by the District. Section Sixteen. Violation of Ordinance. Any Person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less th an $50.00 nor more than $500.00, and each day's violation shall constitute a separate offense. The imposition of such penalty shall in n o way restrict or deprive the District of its right to pursue any other remedy it may have for the collection of any delinquent bill for Stormwater Service Charges. Section Seventeen. Stormwater Service Charge Review. T he Board shall regularly review the Storm water Service needs of the District and Storm water Service Charges, usually as part of a Rate Proposal from the Rate Commission, to assure the appropriateness of the Stormwater Service Charges. Section Eighteen. Notice of Rates. All Owner s of Property served by the Stormwater System shall be notified at the time of a rate increase as to the rate schedule in effect. Section Nineteen. Application of Revenues. All revenues billed and collected from Stormwater Service Charges shall be segregated, credited and deposited into a Stormwater Revenue Fund established and m aintained by the Director of Finance of the District, and shall be used solely to pay for the costs of providing Stormwater Service. Section Twenty. Appeals. Any Person who considers the Stormwater Service Charges billed to such Person pursuant to the provisions of this Ordinance to be illegal, inaccurate or erroneous may request a review thereof by the Director of Finance or his designate. The results of any appeal shall be applied starting on the date of receipt of the appeal by the District. The determination of the Director may be appealed by such Person to the Executive Director, by written notice of appeal filed with the Director of Finance within thirty (30) days of his determin ation. The determ ination by the Executive D irector shall be considered a final order of the District. Section Twenty-One. Judicial Review. Any Person or Persons jointly or severally aggrieved by any final order of the Executive Director of the District may seek judicial review of such decision pursuant to the procedures set forth in Section 12.110 of the District's Plan. Section Twenty-Two. Adjustm ent Review C ommittee. A committe e, to b e known as the Adjustment Review Committee (ARC), is hereby established and shall m eet, at minimum, once a m onth to conduct its business. The ARC shall be comprised of the voting members which are the District's Director of Finance, Assistant Director of Finance, the Secretary-Treasurer, and General Counsel. Non-voting members are the Accounts Receivable Manager and Audit Administrator. On a monthly basis, the ARC shall review and properly record in the m inutes all prior monthly billing adjustments as approved and presented by the Accounts Receivable Manager. These billing adjustments may result from but are not lim ited to; misapplied payment, transfer of balance due to bankruptcy notice, new occupant, bank encoding error, or water back-up. All write-offs or settlements of accounts shall require a m ajority of the ARC voting members to meet and discuss 190 before approval. No write-off or settlem ent in excess of Five Thousand Dollars ($5,000.00) and less than Twenty-five Thousand Dollars ($25,000.00) shall be effective unless reviewed and approved by three (3) out of the four (4) voting members of the ARC. Any write-off or settlem ent greater th an Twenty-five Thousan d Dollars ($25,000.00) shall require Finance Committee approval o r ratification. The suspension of these rules m ay occur when a tim e constraint exists and a decision m ust be made before the next scheduled meeting, or a situation exists from, but not limited to; foreclosure, sheriff or county tax sale, Land Reutilization Authority, Land Clearance for Redevelopment Authority, or discharged bankruptcy. In these instances, no settlements or write-offs in excess of Five Thousand Dollars ($5,000.00) shall be effective unless reviewed and approved by three (3) out of four (4) voting members of the ARC on an individual basis or at a special meeting as requested by any of the ARC members. All such instances will be reported at the next regularly scheduled meeting of the ARC and recorde d in the minutes. ARC activity will be repo rted to the Board' s Finance Committee on a monthly basis. The committee shall perform any other such duties relating to billing and colle ction policies. Such duties shall be reported to the Executive Director and Board of Trustees. Section Twenty-Three. Severability. The Board hereby declares that if any section, part, sentence or clause of this Ordinance is held invalid, such invalidity shall not affect the remainder of this Ordinance, the Board hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. Section Twenty-Four. Emergency Clause. The services as provided for herein are essential to the op eration of the District, and enacted without delay, thus creating an emergency within the meaning of the Charter. Accordingly, this ordinance shall take effect immediately upon its enactment. The foregoing Ordinance was adopted August 9, 2012. 191 APPENDIX I THE METROPOLITAN ST. LOUIS SEWER DISTRICT STATEMENT OF POLICY FOR MAINTENANCE OF STORMWATER SEWER SYSTEMS AND FACILITIES The following summarizes the District's current policy on Stormwater System Maintenance. A. Unimproved Channels The District will remove debris, trees, brush, and weeds that significantly obstruct the flow in the channels. Priority will be given to blockages that are in evidence and/or reported causing major flooding. B. Improved Channels The District will remove debris, trees, brush, silt, and weeds that significantly obstruct the flow in the chann el. The struc tural integrity of the channel bottoms and sides shall be maintained. C. Storm Sewers (Enclosed Systems) The District will clean and m aintain all public storm sewers (enclosed systems) that have been dedicated to and accepted by the District for operation and maintenance. D. Road Culverts and Bridges The District will not maintain road culverts and/or bridges. This responsibility belongs to the agency or individu al that has jurisdiction over the roadway. The District will maintain a road culvert which was installed by the District as an integral part of the storm sewer system. E. Driveway Culverts The District will not maintain any driveway culverts. F. Missouri State Highway Department The District will not mainta in any storm sewers located on State Highway right-of-way, unless they are a n integral part of an accepted storm system. 192 G. Road Inlets The District does maintain road inlets on systems dedicated and accepted by the District. H. Trench Drains The District does not maintain trench drains. I. Roadside Ditches or Gutters The District will no t maintain roadside ditches or gutters. This respo nsibility belongs to the agency o r individual that has jurisdiction over the roadway. J. Bars Over Inlets The District does not allow bars, grating, screens, or any other obstructions to flow to be placed in front of inlets or pipe openings. K. Weeds The District only cuts weeds on property owned by the District. The District does not cut weeds on easements. L. Swales Yard swales will not be maintained by the District. M. Fences The District will maintain fences along improved stormwater channels that were installed in the concrete sides of the channel or installed by the District as an integral part of an improvement. N. Retention and Detention Basins The District does not maintain retention or detention basins. O. Sink Holes The District shall not maintain sink holes, but will maintain the structures over the sink hole if it is a public system. In the event a dispute arises as to whether a particular stormwater sewer system or facility or any part thereof should be m aintained, repaired, or replaced by the District pursuant to this policy, the decision of the Executive Director shall be final. Any person or persons jointly or severally aggrieved by such decision m ay appeal such decision in the m anner provided for in Section 12.110 of the District's plan. 193 APPENDIX II Charge Beginning July 1, 2012 ALL PROPERTIES WITHIN MSD BOUNDARIES (per month) Single Family and Commercial - Monthly Charge (per account) $0.24 Multi-Family - Monthly Charge (per unit) $0.18 194