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
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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.
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(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."
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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
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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.
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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.
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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