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.
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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 Ordinance No. 13383 is hereby cancelled, repealed and rescinded in its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
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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.]
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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]
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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, 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?
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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?
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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