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HomeMy Public PortalAbout13125ORDINANCE NO. 13125 AN ORDINANCE suspending Ordinance No. 13022, adopted January 14, 2010, and enacting a new ordinance in lieu thereof to reinstitute the schedule of monthly 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Ordinance No. 12560 adopted December 13, 2007, previously established a new schedule of stormwater user charges and repealed and superseded Ordinance No. 9183, adopted January 12, 1994, Ordinance No. 9030, adopted June 16, 1993, and Ordinance No. 8657, adopted May 3, 1992; and WHEREAS, Ordinance No. 12789 adopted December 11, 2008, repealed and superseded Ordinance No. 12560 adopted December 13, 2007; Ordinance No. 12906 adopted June 11, 2009 repealed and superseded Ordinance No. 12789 adopted December 11, 2008; and Ordinance No. 13022 adopted January 14, 2010 repealed and superseded Ordinance No. 12906 adopted June 11, 2009; and WHEREAS, Zweig, et al vs. MSD, Cause No. 08SL-CC3051, was initially filed on July 18, 2008, concerning the MSD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 and until final resolution of the case, the District hereby suspends 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 public 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 maintain, operate, reconstruct and improve the same as a comprehensive 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 "Stormwater 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 maintained 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 regarding the Stormwater System in the Annexed Area which provided that the District would not assume immediate control of the Stormwater System in the Annexed Area, but would provide planning services and work with local 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 stormwater 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 WHEREAS, in connection with the suspension 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 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. "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, municipality, 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 mixed 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 Facilities" 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 activities described in Appendix I. "Stormwater System" means all man-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, 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 District 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 District's Stormwater System, provided that the District's final inspection report made prior to the 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 meets 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 maintenance 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 prioritize the use of monies from the Stormwater Service Charges and other available funds to meet 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 Stormwater 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 Regulations. In order to accomplish the purpose of this Ordinance to protect 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: (A) To prescribe the manner in which storm sewers, ditches, channels, and other Stormwater Facilities are to be 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 the 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 District 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 District’s convenience, all Stormwater Service 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 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 Payments. On or after July 1, 2009, any Stormwater 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 that the bill remains unpaid beyond the due date. Section Twelve. Stormwater Service Charges Constitute a Lien. The Stormwater 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 amount of the delinquent Stormwater Service Charges, 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 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 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 closed. 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 Stormwater 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 Stormwater 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 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 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 is unpaid after ninety days from the date the bill for such charges was rendered, then the amount overdue may be collected by any or all of three procedures: (A) by assignment to a collection agency; 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 and enforcement of such lien and the prosecution and collection of such charges including court costs, 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 than $50.00 nor more than $500.00, and each day's violation shall constitute a separate offense. 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 Stormwater Service Charges. Section Seventeen. Stormwater Service Charge Review. The Board shall regularly review the Stormwater Service needs of the District and Stormwater 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 Owners 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 maintained 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 determination. The determination by the Executive Director 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. 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. 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, 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 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 monthly basis. 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-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 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. The foregoing Ordinance was adopted August 12, 2010. 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 channel. The structural integrity of the channel bottoms and sides shall be maintained. C. Storm Sewers (Enclosed Systems) The District will clean and maintain 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 individual 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 maintain any storm sewers located on State Highway right-of-way, unless they are an integral part of an accepted storm system. 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 not maintain roadside ditches or gutters. This responsibility belongs to the agency or 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 maintained, 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 may appeal such decision in the manner provided for in Section 12.110 of the District's plan. APPENDIX II Charge Beginning August 1, 2010 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