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O R D I N A N C E NO. 12125 AN ORDINANCE, authorizing and implementing the final refund from
the Clean Water Capital Improvement Trust Fund by crediting properties that were
billed for December, 2005 service in January, 2006, and transferring all remaining
moneys from the Clean Water Capital Improvement Trust Fund to the General
Fund of the District.
WHEREAS, a special election was held within The Metropolitan St.
Louis Sewer District ("the District") on Tuesday, August 2, 1988, and more than a
majority of the qualified voters of the District voted in favor of a schedule of Capital
Improvement Surcharges to be collected for certain designated purposes and for
certain designated periods; and
WHEREAS, Ordinance No. 7543 which was adopted September 14,
1988, established the schedule of Capital Improvement Surcharges approved by the
voters at the August 2, 1988 special election; and
WHEREAS, Ordinance No. 7543 provided that, in the event prior to
December 31, 1995, the construction and improvement of the Consent Decree and
Compliance Projects described therein had been completed at a total cost of less
than Four Hundred Thirty-six Million Dollars ($436,000,000), the District would
terminate imposition of such Capital Improvement Surcharges as of the first day of
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the next succeeding calendar month which was at least thirty (30) days following
the date of completion of the Consent Decree and Compliance Projects; and
WHEREAS, pursuant to Ordinance No. 9508 adopted March 9, 1995,
which amended Ordinance No. 7543, the District stopped billing the Capital
Improvement Surcharges with the March 1995 bills because it determined that the
Clean Water Capital Improvement Trust Fund balance was sufficient to pay for the
remaining Consent Decree and Compliance Projects; and
WHEREAS, Ordinance No. 7543 provided that any moneys remaining
in the Clean Water Capital Improvement Trust Fund on completion of the Consent
Decree and Compliance Projects should be refunded by the District to the customers
of the District as a credit on the next billing for Sewer Service by the District; and
WHEREAS, the Board of Trustees has determined that the Consent
Decree and Compliance Projects are substantially complete; and
WHEREAS, the Board of Trustees has determined that pursuant to
Ordinance No. 7543, the District should refund to all current users all moneys
remaining in the Clean Water Capital Improvement Trust Fund;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. The District shall credit the January, 2006 bills for
December, 2005 service in an aggregate amount to total all moneys remaining in
the Clean Water Capital Improvement Trust Fund. The District shall credit those
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properties responsible for sewer services which were billed during December, 2005
for November, 2005 service.
Section Two. All moneys remaining in the Clean Water Capital
Improvement Trust Fund shall be transferred to the General Fund of the District to
fund the above-described credits.
The foregoing Ordinance was adopted November 10, 2005.