HomeMy Public PortalAbout13383ORDINANCE NO. 13382
AN ORDINANCE calling an election for June 5, 2012, in The Metropolitan St.
Louis Sewer District, for the purpose of submitting to the qualified voters of said District
Propositions to amend The Plan (Charter) of the District and authorizing the Election Authorities
of The City of St. Louis and St. Louis County to conduct said election; prescribing the form of
Propositions to be used and providing that notice of said election be given and said election be
held in accordance with all applicable Missouri Law.
WHEREAS, the Plan of The Metropolitan St. Louis Sewer District (as amended from
time to time, the “Plan”) was approved by a separate majority of the voters of the City of St.
Louis and those voters of St. Louis County residing within the District's boundaries voting
thereon at an election held for that purpose on February 9, 1954; and
WHEREAS, the Plan was subsequently amended by approval by a separate majority of
the voters of the City of St. Louis and those voters of St. Louis County residing within the
District's boundaries voting thereon at an election held for that purpose on November 7, 2000;
and
WHEREAS, Section 11.020 of the Plan provides that on January 20, 2010 and every ten
years thereafter, the Trustees of the District shall appoint members to a District Plan Amendment
Commission to review the Plan and to recommend proposed amendments, if any, to the Plan;
and
WHEREAS, the Trustees of the District, taking into consideration those
recommendations, have comprehensively reviewed the Plan and based on said review, have
determined to enact amendments to the Plan in order to better effect and carry out the purposes
for which the District was created.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
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METROPOLITAN ST. LOUIS SEWER DISTRICT, AS FOLLOWS:
Section 1: The amendments to the Plan are hereby proposed and submitted to the voters
of The Metropolitan St. Louis Sewer District as set forth in Exhibits A and B attached hereto
and made a part hereof. Exhibit A identifies changes to the Plan as follows: additions are
indicated by underscore, and deletions are indicated by strikeout. Exhibit B constitutes a clean
copy of the Plan with all additions and deletions incorporated therein. The amendments to the
Plan shall be voted on at an election to be held as hereinafter provided.
Section 2: An election is hereby ordered to be held on Tuesday, June 5, 2012, for the
purpose of submitting to the qualified voters of the District the propositions as set forth in the
form of Notice of Election attached hereto as Exhibit C and incorporated herein by reference.
Section 3: The Board of Election Commissioners for the City of St. Louis and the Board
of Election Commissioners of St. Louis County shall conduct the election called for herein. Not
later than 5:00 P.M. on the tenth Tuesday prior to the election (March 27, 2012), the Secretary-
Treasurer of the District is hereby directed to notify the Board of Election Commissioners for the
City of St. Louis and the Board of Election Commissioners of St. Louis County of the election.
The notice shall be in writing and shall specify the name of the officer or agency calling the
election and shall include a certified copy of the legal notice to be published in connection with
the election.
Section 4: Notice of the election shall be given by causing legal notice thereof to be
published in the manner required by applicable law, and particularly by Chapter 115, Revised
Statutes of Missouri, as amended, and by Section 10.010 of the Plan. The form of the Notice of
Election for said election, a copy of which is attached hereto as Exhibit C and made a part
hereof, is hereby approved.
Section 5: The election shall be held at the polling places for the City of St. Louis
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designated by the Board of Election Commissioners for the City of St. Louis and for St. Louis
County designated by the Board of Election Commissioners of St. Louis County, said polling
places to be set out in the final notice of said election published in accordance with the
provisions of Section 115.127, Revised Statutes of Missouri, or mailed in accordance with the
provisions of Section 115.129, Revised Statutes of Missouri.
Section 6: The election shall be held and conducted and the results thereof shall be
canvassed in all respects in conformity with the Constitution and the laws of the State of
Missouri. The judges of the election shall be selected and appointed by the Board of Election
Commissioners for the City of St. Louis and by the Board of Election Commissioners of St.
Louis County, in accordance with applicable law. The returns of the election shall be certified to
the District by the Board of Election Commissioners for the City of St. Louis and by the Board
of Election Commissioners of St. Louis County. Without limiting the generality of the foregoing
and notwithstanding anything contained in this Ordinance or any other ordinance of the District
to the contrary, the Secretary-Treasurer of the District and the Board of Election Commissioners
for the City of St. Louis and the Board of Election Commissioners of St. Louis County be and
hereby are authorized to take all action necessary or appropriate such that the election shall be
conducted in full compliance with the requirements of applicable law and particularly by Chapter
115, Revised Statutes of Missouri, as amended, and the Plan.
Section 7: The revisions and amendments to the Plan contained in this Ordinance shall
take effect when they have been submitted to the registered voters residing within the District at
a general or special election and approved by a majority of those voting on the propositions in
the portions of the District situated within the City of St. Louis and St. Louis County,
respectively.
Section 8: This Ordinance shall be governed by and construed and enforced in
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accordance with the laws of the State of Missouri and the Charter.
PASSED by the Board of Trustees of The Metropolitan St. Louis Sewer District this ____
day of ______________, 2012
THE METROPOLITAN ST. LOUIS
SEWER DISTRICT
By:
Chairman of the Board of Trustees
(SEAL)
ATTEST:
Secretary-Treasurer
APPROVED AS TO FORM:
Susan M. Myers, General Counsel
The foregoing Ordinance was adopted March 8, 2012.
EXHIBIT A
RED-LINED DRAFT OF MSD’S PLAN (CHARTER)
(reflecting proposed amendments)
[On file in the Office of the Secretary-Treasurer of MSD]
EXHIBIT B
CLEAN DRAFT OF MSD’S PLAN (CHARTER)
(reflecting proposed amendments)
[On file in the Office of the Secretary-Treasurer of MSD]
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EXHIBIT C
NOTICE OF ELECTION
Notice is hereby given to the qualified voters of The Metropolitan St. Louis Sewer
District (the “District”) that the Board of Trustees of the District has called an election
to be held in the District on Tuesday, June 5, 2012, commencing at 6:00 A.M. and
closing at 7:00 P.M., on the propositions contained in the following sample ballot.
OFFICIAL BALLOT
SPECIAL ELECTION
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
TUESDAY, JUNE 5, 2012
PROPOSITION 1
Shall Article 2 of the Plan (Charter) of The Metropolitan St. Louis Sewer
District be amended to provide that the portion of the District’s boundaries that
are located within St. Louis County shall be as described in records kept in the
office of the Secretary-Treasurer of the District and no longer required to be
contained in the text of the Plan?
PROPOSITION 2
Shall Articles 3 and 9 of the Plan (Charter) of The Metropolitan St. Louis Sewer
District be amended to (a) establish procedural requirements relating to the
formation of subdistricts within the District and the design, construction and
funding of improvements in such subdistricts, and (b) establish the method for
levying special benefit assessments?
PROPOSITION 3
Shall Article 3 of the Plan (Charter) of The Metropolitan St. Louis Sewer
District relating to powers of the District be amended to (a) permit the District to
establish environmentally sustainable standards and practices, and (b) clarify the
existing authority of the District to enter into contracts pertaining to stormwater
facilities?
PROPOSITION 4
Shall Article 3 of the Plan (Charter) of The Metropolitan St. Louis Sewer
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District be amended to provide that the levy, assessment and collection of taxes
on property in the District shall be consistent with Article X, Section 22 of the
Missouri Constitution (sometimes referred to as the Hancock Amendment) and
other applicable provisions of the Missouri Constitution?
PROPOSITION 5
Shall Articles 5, 7 and 10 of the Plan (Charter) of The Metropolitan St. Louis
Sewer District be amended to provide that notice of the expiration of a
Director’s term, notice of tax levy hearings, notice of proposed rate changes,
and notice of elections under the Plan (Charter) shall be given by mail,
publication or electronic media, or such other form of communication as may be
permitted by Missouri law?
PROPOSITION 6
Shall Article 5 of the Plan (Charter) of The Metropolitan St. Louis Sewer
District relating to the Board of Trustees of the District be amended to provide
that compensation of a Trustee shall be $25 for each day of attendance at a
Board of Trustee meeting or any meeting of a committee of the Board of
Trustees which is a public meeting under Missouri law, but not to exceed an
aggregate amount of $100 per calendar month?
PROPOSITION 7
Shall Articles 7 and 9 of the Plan (Charter) of The Metropolitan St. Louis Sewer
District relating to budget and finance be amended to (a) require the District’s
budget to include a list of capital projects, (b) require a public hearing at least
21 days prior to adoption of the budget, and (c) provide that proceedings to
make certain improvements shall be initiated by approval of a list of capital
projects and a general appropriation ordinance rather than by resolution?
PROPOSITION 8
Shall Article 7 of the Plan (Charter) of The Metropolitan St. Louis Sewer
District be amended to provide that (a) the term of a Rate Commission
Representative Organization shall continue until its successor is appointed and
qualified, (b) the meeting of the Board of Trustees at which a Rate Commission
Report is delivered shall not count as one of the two meetings for consideration
of such Report, and (c) if the Board of Trustees is deemed to have accepted a
Rate Commission Report under the conditions set forth in the Plan, then an
ordinance implementing such Report shall be deemed summarily approved by
the Board of Trustees without further action?
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PROPOSITION 9
Shall Article 9 of the Plan (Charter) of The Metropolitan St. Louis Sewer
District be amended to permit the District to use design-build and other
alternative delivery methods to make improvements, as permitted by Missouri
law?
PROPOSITION 10
Shall Article 11 of the Plan (Charter) of The Metropolitan St. Louis Sewer
District be amended to provided that a District Plan Amendment Commission
shall be appointed on or before July 1, 2019 and every ten years thereafter?
PROPOSITION 11
Shall the Plan (Charter) of The Metropolitan St. Louis Sewer District be
amended to (a) make various typographical, grammatical and stylistic revisions
to the text thereof, (b) correct outdated statutory citations and references, (c)
change gender specific language to gender neutral language, and (d) eliminate
the requirement that records of the Board of Trustees maintained by the
Secretary-Treasurer be kept in bound or book form?
INSTRUCTIONS TO VOTERS:
To vote in favor of a proposition submitted upon this ballot place a cross
(X) mark in the square opposite the word "YES"; and to vote against a
proposition submitted upon this ballot, place a cross (X) mark in the
square opposite the word "NO."
The election will be held and conducted by the Board of Election Commissioners for the
City of St. Louis and by the Board of Election Commissioners of St. Louis County under
the general election laws governing the District and said election will be held in each
voting precinct in the District and at the places designated therein by the Board of
Election Commissioners for the City of St. Louis and by the Board of Election
Commissioners of St. Louis County.
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DATED THIS _______ DAY OF ________________, 2012.
BOARD OF ELECTION COMMISSIONERS FOR
THE CITY OF ST. LOUIS
By
BOARD OF ELECTION COMMISSIONERS OF
ST. LOUIS COUNTY
By