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HomeMy Public PortalAbout14311ORDINANCE NO. 14311 AN ORDINANCE, with an emergency clause, calling for a Stormwater Tax Election to be held on April 5, 2016 in The Metropolitan St. Louis Sewer District on the Proposition whether to impose a Stormwater Operations and Maintenance property tax upon all real and tangible personal property within the District at a rate of not more than Ten Cents ($0.10) per One Hundred Dollars ($100.00) assessed valuation for the purpose of providing revenue for the operations of the District’s stormwater utility, including stormwater system operation and maintenance, rehabilitation and limited construction of infrastructure and other capital improvements, and an operating reserve. 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 and amended on Tuesday, November 7, 2000, and further amended on Tuesday, June 5, 2012 (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 manmade 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, Ordinance No. 3753 adopted April 11, 1979 redefined the boundaries of that area of The Metropolitan St. Louis Sewer District where the District assumed the operation and maintenance of existing stormwater facilities; 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 currently levies and collects a stormwater operations and maintenance property tax of approximately Seven Cents ($0.07) per One Hundred Dollars ($100.00) assessed valuation on property within the Original Area and within the annexed areas described in MSD Ordinance No. 3753, as identified in the most recent tax Ordinance No. 14247 adopted September 29, 2015 (the “Existing Stormwater O&M Tax”); and WHEREAS, the District currently levies and collects an administrative property tax used for stormwater regulatory purposes of approximately Two Cents ($0.02) per One Hundred Dollars ($100.00) assessed valuation on all property within the District, as identified in the most recent tax Ordinance No. 14247 adopted September 29, 2015 (the “Stormwater Regulatory Tax”); and WHEREAS, the District currently imposes and collects a monthly 24-Cent or 18- Cent stormwater service charge on each MSD customer account, as identified in the most recent rate Ordinance No. 13938 adopted August 5, 2015 (the “Existing Stormwater Service Charge”); and WHEREAS, the District currently levies and collects a property tax at rates between $0.00 to $0.10 per One Hundred Dollars ($100.00) assessed valuation on property within each Operation, Maintenance, Construction and Improvement (“OMCI”) subdistrict, as identified in the most recent tax Ordinance No. 14247 adopted September 29, 2015 (the “OMCI Subdistrict Tax”); and WHEREAS, in order to establish a uniform districtwide stormwater revenue system for operations, maintenance, and limited capital improvements, if the new Stormwater Operations and Maintenance property tax described in the proposition set forth below is approved, the Board of Trustees will repeal the Existing Stormwater O&M Tax and the Existing Stormwater Service Charge, and intends to set the OMCI Subdistrict Tax rates at $0.00 for the tax year 2016; 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 but not limited to flooding, erosion, water pollution, creation of pest breeding areas, and traffic hazards caused by flooding; 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 Charter, issued its Rate Recommendation Report dated July 30, 2015 (the “Rate Commission Report”) recommending that the District submit for approval by the voters of the District a proposition authorizing a Stormwater Operations and Maintenance property tax upon all real and tangible personal property within the District at a rate of not more than Ten Cents ($0.10) per One Hundred Dollars ($100.00) assessed valuation; 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 April 5, 2016 on the proposition set forth below; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, AS FOLLOWS: Section One. The Board of Trustees of the District finds it necessary and hereby declares its intent to impose a Stormwater Operations and Maintenance property tax upon all real and tangible personal property within the District at a rate of not more than Ten Cents ($0.10) per One Hundred Dollars ($100.00) assessed valuation for the purpose of providing revenue for the operations of the District’s stormwater utility, including stormwater system operation and maintenance, rehabilitation and limited construction of infrastructure and other capital improvements, and an operating reserve. Section Two. An election is hereby ordered to be held in the District on Tuesday, April 5, 2016 for the purpose of submitting the following proposition to the qualified voters of the District: PROPOSITION ______ Shall the Metropolitan St. Louis Sewer District (MSD) impose a Stormwater Operations and Maintenance property tax upon all real and tangible personal property within the district at a rate of not more than Ten Cents ($0.10) per One Hundred Dollars ($100.00) assessed valuation for the purpose of providing revenue for the operations of the district’s stormwater utility, including stormwater system operation and maintenance, rehabilitation and limited construction of infrastructure and other capital improvements, and an operating reserve? If this proposition is approved, MSD will repeal (a) the existing stormwater operations and maintenance property tax of approximately Seven Cents ($0.07) per One Hundred Dollars ($100.00) assessed valuation that is imposed on property within the original boundaries of MSD, as defined in the MSD Charter, and within the annexed areas described in MSD Ordinance No. 3753, and (b) the existing monthly 24-Cent or 18-Cent stormwater service charge that is imposed on each MSD customer account. As a result, a uniform districtwide stormwater revenue system for operations, maintenance, and limited capital improvements will be in place. Section Three. The form of the Notice of Election for said election, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. Section Four. The Secretary-Treasurer of the District 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 January 26, 2016, 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 Charter. Section Five. Emergency Clause. This ballot language needs to be enacted without delay, thus creating an emergency within the meaning of the Charter, to support the election filing deadline with the City of St. Louis and St. Louis County Board of Election Commissioners. Section Six. This Ordinance shall be governed by and construed and enforced in accordance with the laws of the State of Missouri and the Charter. The foregoing ordinance was adopted on December 10, 2015. EXHIBIT A NOTICE OF 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 an election to be held in the District on Tuesday, April 5, 2016, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT ELECTION THE METROPOLITAN ST. LOUIS SEWER DISTRICT APRIL 5, 2016 PROPOSITION _____ Shall the Metropolitan St. Louis Sewer District (MSD) impose a Stormwater Operations and Maintenance property tax upon all real and tangible personal property within the district at a rate of not more than Ten Cents ($0.10) per One Hundred Dollars ($100.00) assessed valuation for the purpose of providing revenue for the operations of the district’s stormwater utility, including stormwater system operation and maintenance, rehabilitation and limited construction of infrastructure and other capital improvements, and an operating reserve? If this proposition is approved, MSD will repeal (a) the existing stormwater operations and maintenance property tax of approximately Seven Cents ($0.07) per One Hundred Dollars ($100.00) assessed valuation that is imposed on property within the original boundaries of MSD, as defined in the MSD Charter, and within the annexed areas described in MSD Ordinance No. 3753, and (b) the existing monthly 24-Cent or 18-Cent stormwater service charge that is imposed on each MSD customer account. As a result, a uniform districtwide stormwater revenue system for operations, maintenance, and limited capital improvements will be in place. 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 election will be held at the following polling places in The Metropolitan St. Louis Sewer District: PRECINCT POLLING PLACE _________________________ ______________________ _________________________ ______________________ DATED THIS _____ DAY OF ____________, 2016. BOARD OF ELECTION COMMISSIONERS OF THE CITY OF ST. LOUIS, MISSOURI By: BOARD OF ELECTION COMMISSIONERS OF ST. LOUIS COUNTY, MISSOURI By: