Loading...
HomeMy Public PortalAbout10799O R D I N A N C E NO. 10799 AN ORDINANCE submitting to the qualified voters of The Metropolitan St. Louis Sewer District a proposal to revise and amend the Proposed Plan of The Metropolitan St. Louis Sewer District (Plan) by revising and amending the Plan as set forth in attached Exhibit A and Exhibit B. WHEREAS, the Proposed Plan of The Metropolitan St. Louis Sewer District (Plan) was approved by 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 the 9th day of February, 1954; and WHEREAS, in 1977, the boundaries of the District were expanded to include most of St. Louis County; and WHEREAS, in the 46 years since the creation of the District and the adoption of its Plan, certain terms, designations, titles and references used in the Plan have become obsolete or meaningless; and WHEREAS, the Courts of the State have interpreted, nullified and held invalid certain provisions and powers of the District as set forth in the Plan; and WHEREAS, the Ad Hoc Citizens Working Group, the Confluence St. Louis Task Force and the MSD Conversion/Implementation Committee (appointed by Mayor Bosley and County Executive Westfall) have each issued reports recommending revisions and amendments to the Plan to enable the District to better perform its function of protecting the public health and welfare, providing adequate sewer and drainage facilities, and preventing or abating the pollution of water; 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 METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The revisions and amendments to the Proposed Plan of The Metropolitan St. Louis Sewer District are hereby proposed and submitted to the voters of The Metropolitan St. Louis Sewer District as set forth in Exhibit A and Exhibit B which are both attached hereto and made a part hereof. Exhibit A identifies changes to the Plan as follows: additions are indicated in bold, and deletions are indicated by strikeout. Exhibit B constitutes the Plan with all additions and deletions incorporated therein. The revisions and amendments to the Plan shall be voted on at an election to be held as hereinafter provided. Section Two. An election is hereby ordered to be held on Tuesday, November 7, 2000, for the purpose of submitting to the qualified voters of the District the following four propositions: Proposition ___ Shall Articles 3 and 7 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to fiscal oversight, financial matters, and the financing of projects and improvements, including (1) requiring the appointment of an internal auditor, requiring an independent management audit, and requiring an annual report describing current and proposed activities of the District to be made available to the ratepayers of the District, St. Louis County and the City of 3 St. Louis, (2) requiring the establishment of a Rate Commission to review and make recommendations to the District regarding all changes in wastewater rates, stormwater rates and tax rates, (3) changing the majority vote required to approve general obligation bonds and revenue bonds of the District to be consistent with the majority vote required by the Missouri Constitution for bonds of cities, school districts and other public bodies, (4) authorizing District-wide revenue bonds, (5) changing provisions relating to the method of sale of bonds, and (6) permitting the investment of District funds in the same manner as authorized by the Missouri Constitution for the investment of state funds? Proposition ___ Shall Article 5 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to the appointment and duties of the Board of Trustees of the District, including (1) imposing term limits on the appointment of Trustees, (2) establishing procedures to promote greater participation by ratepayers and residents in filling vacancies on the Board of Trustees, including giving notice of vacancies by publication, and (3) requiring the Board of Trustees to adopt a continuing five-year strategic and operating plan for the District? Proposition ___ Shall Article 8 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to District personnel, including (1) imposing term limits on the appointment of Civil Service Commissioners, and (2) changing certain classifications of employees who are subject to civil service rules? 4 Proposition ___ Shall Article 11 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to require the appointment every ten years of a Plan Amendment Commission to recommend amendments to the Plan of The Metropolitan St. Louis Sewer District? Section Three. 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, 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 Four. 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 legal notice shall be in substantially the following form: NOTICE OF ELECTION 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, November 7, 2000, commencing at 6:00 o'clock A.M. and closing at 7:00 o'clock P.M., on the propositions contained in the following sample ballot. 5 (SAMPLE BALLOT) OFFICIAL BALLOT ELECTION METROPOLITAN ST. LOUIS SEWER DISTRICT TUESDAY, NOVEMBER 7, 2000 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." 6 Proposition ___ Shall Articles 3 and 7 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to fiscal oversight, financial matters, and the financing of projects and improvements, including (1) requiring the appointment of an internal auditor, requiring an independent management audit, and requiring an annual report describing current and proposed activities of the District to be made available to the ratepayers of the District, St. Louis County and the City of St. Louis, (2) requiring the establishment of a Rate Commission to review and make recommendations to the District regarding all changes in wastewater rates, stormwater rates and tax rates, (3) changing the majority vote required to approve general obligation bonds and revenue bonds of the District to be consistent with the majority vote required by the Missouri Constitution for bonds of cities, school districts and other public bodies, (4) authorizing District-wide revenue bonds, (5) changing provisions relating to the method of sale of bonds, and (6) permitting the investment of District funds in the same manner as authorized by the Missouri Constitution for the investment of state funds? Yes No Proposition ___ Shall Article 5 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to the appointment and duties of the Board of Trustees of the District, including (1) imposing term limits on the appointment of Trustees, (2) establishing 7 procedures to promote greater participation by ratepayers and residents in filling vacancies on the Board of Trustees, including giving notice of vacancies by publication, and (3) requiring the Board of Trustees to adopt a continuing five-year strategic and operating plan for the District? Yes No 8 Proposition ___ Shall Article 8 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to District personnel, including (1) imposing term limits on the appointment of Civil Service Commissioners, and (2) changing certain classifications of employees who are subject to civil service rules? Yes No Proposition ___ Shall Article 11 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to require the appointment every ten years of a Plan Amendment Commission to recommend amendments to the Plan of The Metropolitan St. Louis Sewer District? Yes 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 place 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. 9 DATED THIS _______ DAY OF ________________, 2000. BOARD OF ELECTION COMMISSIONERS FOR THE CITY OF ST. LOUIS By BOARD OF ELECTION COMMISSIONERS OF ST. LOUIS COUNTY By Section Five. The ballot to be used at the election called for herein shall be in substantially the following form, with such changes therein as shall be appropriate in the event other propositions shall be submitted at the election: OFFICIAL BALLOT ELECTION METROPOLITAN ST. LOUIS SEWER DISTRICT TUESDAY, NOVEMBER 7, 2000 10 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." Proposition ___ Shall Articles 3 and 7 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to fiscal oversight, financial matters, and the financing of projects and improvements, including (1) requiring the appointment of an internal auditor, requiring an independent management audit, and requiring an annual report describing current and proposed activities of the District to be made available to the ratepayers of the District, St. Louis County and the City of St. Louis, (2) requiring the establishment of a Rate Commission to review and make recommendations to the District regarding all changes in wastewater rates, stormwater rates and tax rates, (3) changing the majority vote required to approve general obligation bonds and revenue bonds of the District to be consistent with the majority vote required by the Missouri Constitution for bonds of cities, school districts and other public bodies, (4) authorizing District-wide revenue bonds, (5) changing provisions relating to the method of sale of bonds, and (6) permitting the investment of District funds in the same manner as authorized by the Missouri Constitution for the investment of state funds? Yes No 11 Proposition ___ Shall Article 5 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to the appointment and duties of the Board of Trustees of the District, including (1) imposing term limits on the appointment of Trustees, (2) establishing procedures to promote greater participation by ratepayers and residents in filling vacancies on the Board of Trustees, including giving notice of vacancies by publication, and (3) requiring the Board of Trustees to adopt a continuing five-year strategic and operating plan for the District? Yes No Proposition ___ Shall Article 8 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to change certain provisions relating to District personnel, including (1) imposing term limits on the appointment of Civil Service Commissioners, and (2) changing certain classifications of employees who are subject to civil service rules? Yes No 12 Proposition ___ Shall Article 11 of the Plan of The Metropolitan St. Louis Sewer District be revised and amended to require the appointment every ten years of a Plan Amendment Commission to recommend amendments to the Plan of The Metropolitan St. Louis Sewer District? Yes No Section Six. 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 Seven. 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. 13 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 Eight. 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. The foregoing Ordinance was adopted July 20, 2000 by the following vote – Ayes – T.W. Purcell, P.P. Finn, C.D. Seward, J.W. Siscel, M.G. Reichert, and M.C. Williams. Nays – None. Secretary-Treasurer