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HomeMy Public PortalAbout13384ORDINANCE NO. 13384 AN ORDINANCE REPEALING ORDINANCE NO. 13383 AND ENACTING IN LIEU THEREOF 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; and WHEREAS, on March 8, 2012, the Trustees of the District adopted Ordinance No. 13383 calling an election for the purpose of submitting to the voters of the District propositions to amend the Plan; and WHEREAS, the Trustees now desire to repeal Ordinance No. 13383 and enact this Ordinance in lieu thereof. -2- NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, AS FOLLOWS: Section 1. Ordinance No. 13383 is hereby cancelled, repealed and rescinded in its entirety and shall be of no further force and effect. Section 2. 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 3. 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 4. 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 5. 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 6. The election shall be held at the polling places for the City of St. Louis 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 7. 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 -3- 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 8. 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 9. The District hereby appropriates the amount of $850,000 from the General Fund to pay for the costs of the election. Section 10. Pursuant to the Charter, this Ordinance constitutes an appropriation ordinance and shall take effect immediately and be in full force after its passage by the Board of Trustees. Section 11. This Ordinance shall be governed by and construed and enforced in accordance with the laws of the State of Missouri and the Charter. [Remainder of Page Intentionally Left Blank.] -4- PASSED by the Board of Trustees of The Metropolitan St. Louis Sewer District this 22nd day of March, 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 22, 2012 by the following vote – Ayes – J. Goffstein, E. Ross, D. Visintainer, M. Yates, and R. Berry. Nays – None. Secretary-Treasurer 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] C-1 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, all subject to a vote of the property owners in the affected subdistricts? 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? C-2 PROPOSITION 4 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 5 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 6 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 7 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 8 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? C-3 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. 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