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ORDINANCE NO. 12633
AN ORDINANCE CALLING A BOND ELECTION TO BE HELD
ON AUGUST 5, 2008 IN THE METROPOLITAN ST. LOUIS
SEWER DISTRICT ON THE PROPOSITION WHETHER TO
ISSUE $275,000,000 PRINCIPAL AMOUNT OF SEWER
REVENUE BONDS, WITH AN EMERGENCY CLAUSE.
WHEREAS, Section 7.170 of the Plan (the "Plan") of The Metropolitan St. Louis Sewer District
(the "District") authorizes the District to issue District-wide revenue bonds with the assent of a simple
majority of the voters of the District; and
WHEREAS, the Rate Commission of The Metropolitan St. Louis Sewer District, being duly
established by the Board of Trustees of the District pursuant to Section 7.040 of the Plan, issued its Rate
Recommendation Report dated March 21, 2008 (the "Rate Commission Report") recommending that the
District submit for approval by the voters of the District a proposition authorizing the issuance of
$275,000,000 aggregate principal amount of revenue bonds to pay the cost of a Capital Investment and
Replacement Plan (as defined in the Rate Commission Report); and
WHEREAS, the Board of Trustees of the District, after due deliberation and consideration of the
Rate Commission Report, has determined that it is necessary and in the best interest of the District that an
election be held in the District on August 5, 2008 on the proposition set forth below;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT, AS FOLLOWS:
Section 1. The Board of Trustees of the District finds it necessary and hereby declares its
intent to borrow $275,000,000 for the purpose of designing, constructing, improving, renovating,
repairing, replacing and equipping new and existing MSD sewer facilities and system, including sewer
disposal and treatment plants, sanitary and combined sanitary and stormwater sewers, and acquisition of
easements and real property related thereto, and to evidence such borrowing by the issuance of sewer
system revenue bonds of the District in the amount of $275,000,000.
Section 2. A special election is hereby ordered to be held in the District on Tuesday,
August 5, 2008 for the purpose of submitting the following proposition to the qualified voters of the
District:
PROPOSITION 'Y'
To comply with federal and state clean water requirements, shall
The Metropolitan St. Louis Sewer District (MSD) issue its sewer
system revenue bonds in the amount of Two Hundred Seventy-five
Million Dollars ($275,000,000) for the purpose of designing,
constructing, improving, renovating, repairing, replacing and
equipping new and existing MSD sewer facilities and system,
including sewer disposal and treatment plants, sanitary and
combined sanitary and stormwater sewers, and acquisition of
easements and real property related thereto, the cost of operation
and maintenance of said sewer system and the principal of and
interest on said revenue bonds to be payable solely from the
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revenues derived by MSD from the operation of its sanitary sewer
system, including all future extensions and improvements thereto?
The authorization of said bonds will authorize the District to fix, establish, maintain and collect
rates and charges for the services provided by the District through its sanitary sewer system, including all
extensions and improvements thereto hereafter constructed or acquired by the District, in addition to the
other rates and charges for such services provided by law, as will produce income and revenues sufficient
to provide funds to pay the costs of operation and maintenance of said sewer system and the principal of
and interest on said bonds as they become due, and to provide for the establishment of reasonable reserves
therefor.
Section 3. The form of the Notice of Bond Election for said special election, a copy of
which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved.
Section 4. The Secretary-Treasurer of the Board of Trustees is hereby authorized and
directed to notify the Board of Election Commissioners of the City of St. Louis, Missouri and the Board
of Election Commissioners of St. Louis County, Missouri of the adoption of this Ordinance no later than
5:00 p.m. on May 27, 2008, and to include in said notification all of the terms and provisions required by
the Comprehensive Election Act, Chapter 115 of the Revised Statutes of Missouri, as amended, and by
Section 10.010 of the Plan.
Section 5. The election hereinabove ordered to be held on August 5, 2008 is necessary for
the issuance of revenue bonds to fund the District's Capital Investment and Replacement Plan in order to
preserve the public health and welfare and must proceed immediately, thus creating an emergency within
the meaning of the Plan. Accordingly, this ordinance shall take effect immediately upon its enactment.
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EXHIBIT A
NOTICE OF BOND ELECTION
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
Notice is hereby given to the qualified voters of The Metropolitan St. Louis Sewer District, that
the Board of Trustees of the District has called a special election to be held in the District on Tuesday,
August 5, 2008, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the
following sample ballot:
OFFICIAL BALLOT
SPECIAL BOND ELECTION
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
AUGUST 5, 2008
PROPOSITION 'Y'
To comply with federal and state clean water requirements, shall
The Metropolitan St. Louis Sewer District (MSD) issue its sewer
system revenue bonds in the amount of Two Hundred Seventy-five
Million Dollars ($275,000,000) for the purpose of designing,
constructing, improving, renovating, repairing, replacing and
equipping new and existing MSD sewer facilities and system,
including sewer disposal and treatment plants, sanitary and
combined sanitary and stormwater sewers, and acquisition of
easements and real property related thereto, the cost of operation
and maintenance of said sewer system and the principal of and
interest on said revenue bonds to be payable solely from the
revenues derived by MSD from the operation of its sanitary sewer
system, including all future extensions and improvements thereto?
YES
NO
INSTRUCTIONS TO VOTERS: If you are in favor of the proposition, place
an X in the box opposite "YES." If you are opposed to the proposition, place an X in the
box opposite "NO."
The authorization of said bonds will authorize the District to fix, establish, maintain and collect
rates and charges for the services provided by the District through its sanitary sewer system, including all
extensions and improvements thereto hereafter constructed or acquired by the District, in addition to the
other rates and charges for such services provided by law, as will produce income and revenues sufficient
to provide funds to pay the costs of operation and maintenance of said sewer system and the principal of
and interest on said bonds as they become due, and to provide for the establishment of reasonable reserves
therefor.
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The election will be held at the following polling places in The Metropolitan St. Louis Sewer
District:
PRECINCT POLLING PLACE
_________________________ ______________________
_________________________ ______________________
DATED THIS _____ DAY OF ____________, 2008.
BOARD OF ELECTION COMMISSIONERS
OF THE CITY OF ST. LOUIS, MISSOURI
By:
BOARD OF ELECTION COMMISSIONERS
OF ST. LOUIS COUNTY, MISSOURI
By:
The forgoing Ordinance was adopted May 23, 2008.