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HomeMy Public PortalAboutExhibit MSD 11 - FY 2011 Operating Budget DocumentExhibit MSD 11 METROPOLITAN ST, LOUIS SEWER DISTRICT FISCAL YEAR 2011 REVISED BUDGET TABLE OF CONTENTS I. BUDGET MESSAGE • Governing Body 1 • MSD Organization Chart 2 • Executive Director's Message 3 II. BUDGET SUMMARY • Budget & Financial Policies 9 • MSD Flow of User Charge Funds 18 • Sources of Funding 19 • Allocated Positions 23 • Consolidated Statement of Changes in Fund Balances 24 • Projected User Charge Revenue Composite 26 o Wastewater Revenue Fund (306) 27 o Stormwater Revenue Fund (307) 29 • Statement of Change in General Fund Balance 31 • Construction Funds Consolidated 32 o Sanitary Replacement Fund (660) 33 o Stormwater Replacement Fund (700) „34 • OMCI Funds Consolidated 35 • Debt Services Funds Consolidated 36 • Special Funds Consolidated 37 o Improvement Fund (102) .38 o Real Property Fund (103) ,.39 o Water Backup Fund (I04) 40 o Emergency Fund (122) 41 ID. GENERAL FUND • General Fund Budget by Object Group 43 • General Fund Budget by Organization 47 IV. ORDINANCES • Budget Ordinance 75 • Tax Ordinance 79 • Wastewater User Charge Ordinance 86 • Stormwater User Charge Ordinance 100 2010.2011 BUDGET Governing Body Voters in 1954 established a six member Board of Trustees (Board) to be the governing body of the Metropolitan St. Louis Sewer District. Three members are appointed by the Mayor of the City of St. Louis and three members are appointed by the St. Louis County Executive. MSD's Board members are trustees of public property and public funds and are responsible to the customers they serve. Francis G. Slay Mayor — City of St. Louis St. Louis City Trustees Term Expires Charlie A. Dooley County Executive — St. Louis County St Louis County Trustees Term Expires John Goffstein, Chair 03115113 Eddie Ross, Jr. 03114/13 David Visintainer 03115112 Robert Berry, Vice Chair 03/14112 James H. Buford TBD Gerald Feldhaus TBD Management Staff Jeffrey Theerman Executive Director Randy E. Hayman General Counsel Karl J. Tyminski Secretary -Treasurer Jonathon Sprague Director of Operations Brian Hoelscher Director of Engineering Janice M. Zimmerman Director of Finance Barbara Mohn Director of Information Systems Vicki Taylor Edwards Director of Human Resources MSD 2011 ORGANIZATION CHART i Rate Commission Internal Auditor (General Counsel (Human Resources (Mayor/ County Exec, Board of Trustees /Executive Director (information Systems civil Service Commission (Secretary Treasurer 2 Metro'sWas St. Lmrls Sewer District s.1(101163103 MSD October 14, 2010 Board of Trustees Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103 Dear Trustees; The mission of the Metropolitan St. Louis Sewer District (MSD) is to protect the public's health, safety, and water environment by responsibly providing wastewater and stormwater management. In fulfilling our mission, we focus on delivering sound fiscal management and fostering a business -focused culture throughout the organization. SUBMISSION OF REVISED FISCAL YEAR 2011 BUDGET - In the spring of 2008, the District initiated an impervious charge for stormwater services. Subsequent to the initiation of these rates, MSD voluntarily rolled back all ad valorem taxes, both District -wide and in taxing subdistricts. The result of these voluntary rollbacks was the assessment of a zero percentage tax rate on all property since that time. In August of this year, the Board of Trustees suspended the impervious stormwater charge as the result of a circuit court ruling, which, in effect, nullified the user fee. At the same meeting, the Board approved the reinstatement of voter approved user fees and began the process of reintroducing the taxes that existed prior to the impervious charge. These actions were taken with the understanding that the reinstated fees and taxes would be inadequate to provide complete stormwater service and related infrastructure maintenance throughout MSD's service area. At present, these reinstated fees and taxes are simply the only practical revenue sources available to the District for stormwater activities. Staff first submitted a budget for fiscal year 2011 (the period covering July 1, 2010 through June 30, 2011) in May 2010. The Board subsequently adopted the submitted budget in June 2010, However, the circuit court ruling and the subsequent loss of impervious stormwater charge revenue require that staff submit a revised fiscal year 2011 budget to the Board. Thus, the document before you reflects the loss of impervious stormwater charge revenue, the reimplementation of voter approved fees and taxes, and the necessary budget revisions for MSD's activities through the remainder of fiscal year 2011. The taxes are being reinstated subject to and in accordance with Hancock Amendment limitations. Financial cuts have been made throughout the District by all departments. These cuts will result in the loss of $20,274,039 in funding versus the budget that was adopted in June 2010. Unfortunately, these cuts will entail corresponding cuts in stormwater service throughout MSD's service area. STRATEGIC BUSINESS AND OPERATING PLAN (SBOP) — The District's management is committed to running this utility like a business and making it accountable to our customers and community stakeholders. A key aspect of this effort is the District's Strategic Business and Operating Plan (SBOP). 3 The FY2011 Strategic Business and Operating Plan (SBOP) is a business -focused blueprint for serving our customers now and into the future. It is a plan that puts the customers and the St. Louis community first. The SBOP is tied to the budgeting process to ensure that initiatives are properly funded. Each department prepares a base budget that covers funding for its day-to-day operations, and an incremental budget for strategic activities that are to be implemented throughout the budget year. A detailed budget review process ensures an in-depth review of all budgetary requests. If fiscal constraints require reduced funding, the costs of strategic objectives are identified so that proper decisions can be made. WASTEWATER PROJECTS - Perhaps the most important part of MSD's mission today is the execution of the multi -billion dollar, multi -decade Capital Improvement and Replacement Program (CIRP). The long-term goals of the CIRP are to protect the health and safety of our St. Louis community through the renewal and expansion of the District's existing wastewater collection and treatment capabilities. As we continue our progress with the FY 2011 CIRP, more and more work will be done on the collection system itself. This work is reflected in new or continuing infrastructure projects, located throughout the District's service area, totaling $117.3 million. These projects are funded primarily from the Sanitary Replacement Fund, and represent a $2.3 million or 1.9% decrease from the budget previously adopted on June 10, 2010 STORMWATER - The Missouri Department of Natural Resources has issued a Phase II Stormwater permit to MSD, St. Louis County, and 59 county municipalities. Under the provisions of this permit, MSD is the St. Louis Coordinating Authority for our separate municipal stormwater sewer system. St. Louis County and the municipalities are co-permittees. Per the Phase II Storm Water Management Plan, MSD has again committed significant resources to this important effort. Not only does this work help us meet MSD's legal obligations as a stormwater permit holder and as the St, Louis Coordinating Authority, but it significantly reduces the overall compliance burden incurred by our co-permittees. Such an approach allows for a comprehensive and meaningful direction to our community's Phase II Stormwater efforts. The District has 2,980 miles of stormwater sewers that has received little to no maintenance. With the implementation of an impervious stormwater charge in 2008, MSD hired additional staff to adhere to a consistent maintenance level for our entire stormwater sewer system. Beyond basic maintenance of our stormwater system, there are a number of other stormwater issues that MSD does not currently cover — such as erosion, overland flooding, etc. — but it maybe in the best position to address on behalf of its customers and our St. Louis community. As the new impervious rate is fully implemented, MSD will work with the community and its customers to identify additional stormwater services. In the fiscal year 2011 budget previously adopted on June 10, 2010, the District tentatively planned 80 stormwater projects, totaling $29.9 million. Due to the loss of the impervious stormwater charge, the revised budget reflects $21.7 million in stormwater projects. This represents a $7.3 million or 25% reduction from that originally planned. These projects will now be primarily funded by property taxes previously eliminated upon the implementation of the stormwater impervious rate in March 2008. 4 ENTERPRISE SYSTEMS RETOOLING — Our business software applications help us do everything from generating payroll to managing customer calls to producing work orders and financial statements. For years now, we've dealt with a patchwork of systems that are not well -integrated, not good at sharing data and are often so old that finding software support is difficult —if not impossible. So, beginning in 2007, we launched the first phase of the Enterprise System (ES) Retooling project that will replace all our patchwork of software systems with a single, more efficient system. Step one required us to consolidate and upgrade our Geographic Information System (GIS) so that we could better integrate map data with other MSD databases. In 2009, the project continued in a big way as we tackled the software applications that run our core business activities: asset management and work order processing, including purchasing. In September and October, we trained 450 employees at three different training centers in these new processes. We successfully implemented the new system in November 2009. In spring 2010, we will continue implementation of systems, financials, our supply chain and project management. In the fall, we will adopt new systems in benefits, time reporting, payroll and learning management. By the time we are finished, we will have made changes in the handling of nearly all our businesses processes. This is an expensive undertaking: $12 to $13 million for acquisition and implementation, but we know our customers will benefit from this higher level of performance. We expect ES Retooling to pay for itself in six to eight years, while addressing MSD's business needs for years to come. CHARTER CHANGE COMMISSION — We are required to have a commission of citizens review our charter every 10 years and recommend changes to our Board of Trustees. If the Trustees agree, the potential changes are placed on the ballot in both St. Louis City and St. Louis County for voter approval. Each group of voters would have to approve changes before they would take effect. This budget incorporates funds to cover an election if that is necessary. Twelve citizens from St. Louis City and County have been appointed by our Board of Trustees to serve on the commission, and they are reviewing various chapters of the charter. In order to help them in their process, we have compiled a list of potential changes that have been raised by stakeholders, trustees and staff in the past. The list is not a staff recommendation nor is it intended to be all inclusive but it provides the commission issues that have been brought up before. COMMUNITY EDUCATION S OUTREACH — Green infrastructure is becoming more popular both across the country and in our St. Louis community. As part of its support for green initiatives, MSD launched its rain barrel program in 2009, selling over 1,500 rain barrels to customers. MSD is currently conducting another sale. We submitted to the EPA in August a long-term control plan for combined sewer overflows (CSOs). To develop the long- term control plan, we engaged the public through open houses, presentations to business, community, environmental and municipal groups, meetings with key stakeholders and much more. The plan we submitted reflected the feedback obtained from these stakeholders. The plan called for reducing CSO discharges to the Mississippi River tributaries and employing green infrastructure in the areas where CSOs discharge directly into the river. Green infrastructure includes green roofs, rain barrels, rain gardens and porous pavements. 5 We estimate the price tag for the entire CSO plan to be about $1.9 billion, Through our Community and Municipal Outreach Programs, we are reaching out to community stakeholders and addressing gaps in the public's knowledge of MSD. We are also reaching out via other outreach efforts — such as neighborhood project meetings and Phase II Stormwater activities. In fiscal year 2011, we will continue these efforts to educate and enlist the support of the public. DIVERSITY — Minority/Women Business Enterprise (MWBE) firms have had extensive participation in the District's Capital Improvement and Replacement Program (CIRP). In FY 2009, MWBE participation in construction projects was 42.3%, and MWBE participation in design and consulting projects was 24.4%. As evidenced by these numbers, MWBE participation in the CIRP has been an important part of our diversity efforts. In addition, MWBE participation in general purchasing transactions was 7.4°%. MSD was also the recipient of awards for excellence in minority and women business utilization from the St. Louis Minority Business Council (SLMBC) and the St. Louis Council of Construction Consumers (SLCCC). As MSD continues the important work we are doing to protect our environment, we will continue our efforts to ensure the District and our service providers are reflective of the diverse community we serve. EXCELLENCE IN MANAGEMENT — MSD received the Excellence in Management Recognition award from the National Association of Clean Water Agencies (NACWA), during a ceremony at NACWA's 2010 Winter Conference. The Excellence in Management Recognition Program recognizes public clean water utilities that implement progressive management initiatives and thereby advance the goals of the Clean Water Act. MSD received the Excellence in Management Recognition award based on its efforts in strategic planning, customer satisfaction, employee and leadership development, operational optimization, financial viability, and stakeholder understanding and support. This is MSD's second NACWA Excellence in Management Recognition award. MSD previously won in 2007. NACWA agencies are eligible to reapply for the award three years after winning. BUDGET SUMMARY — As the Executive Director of MSD, I affirm that rates and charges as currently implemented will generate sufficient revenues to meet all expenditures as proposed in the revised fiscal year 2011 budget and will provide adequate operating liquidity as directed in the District's Debt Management Policy. Furthermore, current rates and charges are adequate to ensure District compliance with all obligations as provided in the Master Bond Ordinance, adopted by the Trustees on April 22, 2004. The revised operating budget for fiscal year 2011 includes $150.0 million for day-to-day operations reflecting an $8.2 million or 5.0% decrease from the budget previously adopted on June 10, 2010, and $4.0 million for the District's Water Backup Program. The total revised operating budget for fiscal year 2011 is $155.1 million. Proposed expenditures for the fiscal year 2011 annual budget are separated into five main categories. The numbers projected in this fiscal year 2011 budget are based on the current rate schedule that was approved by the District's independent Rate Commission in 2007. We plan to ask the Rate Commission to examine another rate proposal in fiscal year 2011. That proposed rate increase is not reflected in this budget. 6 In fiscal year 2011, we pledge to continue to scrutinize our business practices, deliver sound fiscal management, and be fully accountable to the public for the ways in which we spend their money. We will continue to improve our customer service levels and our efforts to inform the community of our operations and needs. We will persist in addressing the health, safety, and environmental needs of our St. Louis community. In short, we will work to prepare the District, its customers, and our community for the challenges of the future. Sincerely, 2kc.. Jeffrey Theerman, Executive Director 7 2010.2011 BUDGET BUDGET & FINANCIAL POLICIES The Metropolitan St. Louis Sewer District's budget & financial policies set forth the basic framework for the District's overall management of operations taking into account changing circumstances and conditions. These policies assist the decision making process of The Board and provide guidelines for evaluating both current activities and proposals for future programs. Balanced Budget Policy Section 7.130 of the District's Charter requires a balanced budget be submitted to The Board for approval. In no event shall the total amount of proposed expenditures for the budget year from any fund exceed the estimated revenues to be actually received plus any unencumbered balance or less any deficit estimated for the beginning of the budget year. The Annual Budget must be balanced. All funds, Department operations and services, supported by the financial resources of the District, must function within the limits of these resources identified or available specifically to them. A balance must be struck between revenues and expenditures so that the public can realize the benefits of a strong and stable utility. By law, budgets cannot exceed available resources, defined as revenues generated in the current period added to balances carried forward from prior years. • Pursuant to the Metropolitan St. Louis Sewer District Charter, Section 7.130, not later than the fifteenth day of March in each year, the Executive Director will submit to The Board a budget for the ensuing fiscal year, an explanatory budget message, and a general appropriation ordinance conforming with such budget. The budget shall provide a financial plan for the budget year for all District and subdistrict funds. Operating Budget Policies • Historical levels of funding and expenditures shall be included in the budget to provide comparisons. Financial forecasting of future requirements shall be included to provide estimates of future financial and operating conditions. • Whenever approved by The Board, the Executive Director may transfer any unencumbered appropriation balances or portions from one classification of expenditure to another. • Per Section 7.160 for the Charter, at any time during the budget year, upon recommendation of the Executive Director, The Board may, by ordinance, make supplementary appropriations if (1) the Executive Director estimates that such appropriations will not result in a deficit at the end of the budget, or (2) The Board shall adopt an ordinance or ordinances consistent with the requirements in Section 7,140 providing additional revenues and the Executive Director estimates that the amount to be actually received there from during the budget year will equal or exceed the amount of such supplementary appropriations. 9 BUDGET & FINANCIAL POLICIES (continued) • The District will maintain a budgetary control system to ensure adherence to the budget and will prepare regular reports comparing actual revenues and expenditures to budgeted amounts. Basis of Budgeting • The Metropolitan St. Louis Sewer District is legally required to prepare its annual budget utilizing the encumbrance method of accounting. The recognition of an encumbrance occurs when a purchase order is issued to or a contract is signed with a vendor. Encumbrance accounting is the process of formally recording encumbrances in the ledger as reductions to the budgetary accounts to ensure that total actual expenditures plus related commitments do not exceed appropriations. The funds and accounts of the District are maintained on the encumbrance method to demonstrate compliance with finance related legal and contractual provisions. Revenues are recognized when they are obligated to the District (for example, wastewater user charges are recognized as revenue when bills are produced). Appropriations lapse at year-end only to the extent of the unencumbered balances. Open encumbrances at year end are reviewed and closed, if not associated with a specific contract, service or vendor. Revenue Policies • The District will seek to maintain a diversified and stable revenue system to minimize short -run fluctuations in any one revenue source. • The District will follow an aggressive policy of collecting revenues. • The District will establish wastewater and stormwater user charges, tax rates and fees at a level related to the full cost (operating, direct, indirect and capital) of providing the service. Voter approval is required to implement tax rate increases. • The District will review wastewater and stormwater user charges, and fees annually to determine if the revenues support the cost of the service. Rate increases to generate needed revenues are required, per Charter Section 7.040, to be submitted to the District's Rate Commission for review and recommendation to The Board. • The major revenue sources of the District include Wastewater User Charges, Stormwater User Charges, Revenue Bonds, Grant Income, Investment Income and Connection Fees. Investment Policies • The District will maximize the return on all cash available for investment without sacrifice of safety or necessary liquidity. • The Secretary -Treasurer will develop and maintain a comprehensive, well -documented investment reporting system. This system will provide The Board with appropriate investment performance information. 10 BUDGET & FINANCIAL POLICIES (continued) Debt Policies • The Board shall authorize and approve all debt issued for the purpose of financing portions of District's CIRP as well as debt that may be issued for the purpose of refunding any outstanding District debt. • The District will confine long-term borrowing to finance authorized capital improvement projects or to refund, on a current or advanced basis, outstanding debt obligations. • The District may issue long-term debt (general obligation or revenue bonds) where it is deemed that capital improvements should not be financed from current revenues. Long-term borrowing will not be used to finance current operations or normal maintenance. Long-term debt will be self-supporting and structured such that the weighted average maturity of the debt does not exceed the expected useful life of the capital project. • The District may issue (1) general obligation bonds to finance capital improvement projects that result in community -wide benefits (2) revenue bonds to finance capital improvement projects serviced from the net revenues from a particular enterprise, such as sewer service. • The weighted average maturity of the debt issue will not exceed the useful life of the projects to be financed. Final maturity of the bonds will not exceed 30 years from the date of issuance. • Issuance of general obligation bonds requires 57% approval of those voting at primary and general elections and a 67% approval at other elections. Issuance of revenue bonds requires simple majority approval of those voting. • No general obligation bonds shall be issued in an amount, which together with existing indebtedness of the District or a subdistrict exceeds in the aggregate 5% of the value of all taxable tangible property in the District and its subdistricts. • Any general obligation bonds issued under the District charter shall mature over a period not exceeding 20 years from the date contracted. • For the purpose of refunding, extending, or unifying the whole or any part of its valid bonded indebtedness, the District may issue refunding bonds not exceeding the principal amount of the outstanding indebtedness to be refunded and the accrued interest to the date of such refunding bonds. 11 BUDGET & FINANCIAL POLICIES (continued) Debt Policies (Continued) • Short-term borrowing may be utilized as authorized by District Charter, Section 3.020(13), for the temporary funding of capital projects or for operational cash flow deficits subject to the following policies: • District may issue short-term debt when there is a defined and adequate repayment source. • Lines of Credit may be considered as an alternative to other short-term borrowing options if it is determined to be more cost-effective. • Other short-term debt, including commercial paper notes, may be used when it provides an interest rate advantage or as interim financing until market conditions are more favorable for long-term debt issuance. • Per Charter Section 3.020, the District may use short-term debt to provide for the borrowing of money in anticipation of the collection of taxes and revenues for the fiscal year. The amount of such loans shall at no time exceed 90% of the estimated collectible taxes and revenues for the year yet uncollected. Reserve Policies • The operating reserve is a balance maintained in the General Fund and Special Funds combined to accommodate fluctuations in annual revenues and expenditures. The District currently maintains a minimum fund balance of 60 days or 16,4% of the next years annual operating expenditures for working capital. • The District will maintain a minimum of $4,000,000 in the Emergency Fund for any unexpected event. • Funds will be reserved to comply with the terms and conditions of the debt instruments used to finance capital improvement projects. • Property taxes levied by the District and other revenue received for construction in particular taxing subdistricts will be reserved for that use. 12 BUDGET & FINANCIAL POLICIES (continued) Capital Improvement and Replacement Policies • The District shall prepare a long-term plan for wastewater infrastructure projects to relieve backup complaints and/or for the correction of identified sanitary sewer capacity inadequacies and deficiencies and/or for the correction of bypasses and overflows. This plan shall include stormwater projects to prevent flooding and erosion threatening homes and property. This plan shall be used to develop a five year CIRP and make all capital improvements accordingly. This five year plan shall be updated annually. • The Board adopts the CIRP as a planning document, but does not appropriate the identified multi -year expenditures. These expenditures are legally authorized during the year at the time a fixed contract is awarded. • The District will maintain its physical assets at a level adequate to protect the District's capital investment and to minimize future maintenance and replacement costs. Financial and Accounting Policies • An independent audit shall be made of all accounts of the District at least annually by a certified public accounting firm that shall be engaged by The Board. • Monthly financial reports will be submitted to The Board and District Staff. • District financial information will be available through monthly financial statements, the Comprehensive Annual Financial Report (CAFR) and Annual Budget. • The District will produce annual financial reports in accordance with Generally Accepted Accounting Principles (GAAP) as outlined by the Governmental Accounting Standards Board (GASB). Basis of Accounting The Comprehensive Annual Financial Report (CAFR) shows the status of the District's finances on the basis of "generally accepted accounting principles" GAAP. In most cases, this conforms to the way the District prepares its budget. Exceptions are as follows: 1. Principal payments on long-term debt within the Enterprise Funds are applied to the outstanding liability on a GAAP basis, as opposed to being expended on a budget basis. 2. Capital Outlay within the Enterprise Funds are recorded as assets on a GAAP basis and expended on a budget basis. 3. Depreciation expense is recorded on a GAAP basis only. 13 BUDGET & FINANCIAL POLICIES (continued) Financial Structure The District's financial structure is organized on the basis of funds, each of which is considered a separate accounting entity with fund specific balancing accounts that comprise its assets, liabilities, fund balances, revenues and expenditures. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Governmental funds are those through which most governmental functions are financed. The acquisition, uses, and balances of the District's expendable financial resources and the related liabilities are accounted for through governmental funds. The measurement focus is on the determination of changes in financial position rather than upon net income. The following fund types are used by the District: General Fund The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. The General Funds consist of eleven operating departments: 1. Board of Trustees 2. Rate Commission 3. Civil Service Commission 4. Secretary -Treasurer 5. Executive Director 6. General Counsel 7. Human Resources 8. Finance 9. Information Systems 10. Engineering 11.Operations Revenue Funds The Revenue Funds account for all wastewater and stormwater user charges billed to customers. User Charge proceeds are recorded in the Revenue Funds and allocated to the various other funds to cover operation and maintenance costs and capital improvement expenditures. Operation, Maintenance and Construction Improvement Funds (0MCI) These funds account for the proceeds from past tax levies in the various subdistricts. These are primarily stormwater dedicated subdistrict assessments which fund projects specific to each subdistrict's geographic area. There are currently 23 subdistrict& 14 BUDGET & FINANCIAL POLICIES (continued) Construction Funds The Construction Funds are established to receive and disburse proceeds from revenue sources and restricted for construction of improvements to sewerage and drainage collection systems and treatment facilities. The District has two construction funds that support the majority of the CIRP:1) the Sanitary Replacement fund and, 2) the Stormwater Replacement Fund. Use of these funds is dedicated to sanitary and stormwater projects, respectively. Debt Service Funds The Debt Service Funds are established for bond issues sold by the District. These funds provide for the accounting of receipt and disbursement of monies designated for payment of principal and interest and redemption of outstanding bond issues. A distinct fund is established for each of the District's bond issues. Special Funds The Special Funds are established to account for specific revenues that are legally restricted to expenditures for particular purposes. The District's current Special Funds consist of the following: 1. Improvement Fund —to account for the cost of any improvements and special tax bills issued for any improvement. 2. Real Property Improvements and Alterations Fund —to account for the repair, renovation, expansion, improvement and alteration of the District's real property. 3. Water Backup Insurance and Reimbursement Fund — to account for customer water backup insurance claims resulting from over charged lines or blocked mains. 4. Emergency Fund —to account for monies needed to address emergencies. Such emergencies require immediate District response. Examples are sewer repairs and replacements to immediately address severe disruption in the operations and maintenance of the District, weather related disruption of District operations, and other disruptions of District services caused by dramatic unforeseen events. 15 BUDGET PROCESS The District's Strategic Business and Operating Plan (SBOP) is the key to the development of the Annual Budget. The SBOP process begins in July when all Departments are given the opportunity to reassess goals, strategies and objectives and the means for accomplishing them. The budget serves as the tool to communicate the District's long-term plans and policies to the public, details the costs of services and programs and becomes the plan to accomplish the District's goals and objectives during the next fiscal year. The budget process begins in early October with the projection of revenues (wastewater and stormwater user charges, investment & other income). District -wide imperatives and budgetary parameters are established by Executive Management and The Board of Trustees ("The Board"). The imperatives for this fiscal year include: 1. Evaluate and reduce minimize growth of the operating budget, as regulatory programs will drive budget increases in coming years. 2. Execution of wastewater and stormwater user fees as described in the rate change ordinances. 3. Execution of the Capital Improvement & Replacement Program as described in the January 2008 wastewater rate proposal. 4. Address litigation in the best interest of the St. Louis Community including environmental protection, safety and health, and economic realities 5. Continue to seek improvements in collection of past due service charges. 6. Position the District to maintain institutional knowledge as staff transitions through personnel retirement. 7. Continued emphasis on employee and leadership development. 8. Manage funding needs to support the District's Water Backup Insurance Program, 9. Continue community outreach and education initiatives to inform ratepayers about the St. Louis area's wastewater and stormwater infrastructure needs and the role that the community can take in ensuring a safe and healthy water environment. Department Directors and Managers begin budget development by providing an updated expenditure forecast for the remainder of FY10. A two step, zero -based budgeting method is used to develop the FY11 budget. This method requires written justification as to need and purpose for all expenditures. The first step is the preparation of a base budget that reflects the ongoing day-to-day operations of each Department. The second step is the preparation of an incremental budget, which reflects costs associated with initiatives outlined in the SBOP. Through out the budget development process, Departmental Staff is required to evaluate programs and identify possible changes in services and Staff positions. The Department Directors forward their proposed base budgets to the Director of Finance for analysis. Cost benefit business cases to support incremental budgets are submitted to the Executive Director for review. The base budgets and requests for incremental funding are then compiled and further analyzed to ensure the preliminary budget meets the District's needs, priorities, goals and objectives without exceeding forecasted resources, Results toward FY2010 performance measures and accomplishments are also provided for inclusion in the District budget documents. Any unresolved issues are presented to the Executive Director for a final decision. The recommended budget reductions and adjustments are then incorporated. Per Charter a preliminary budget is delivered to The Board of Trustees ("The Board") for review by the March 15T A series of budget presentations are given to The Board's Finance Committee to allow for more in-depth review by the Trustees. The Board's recommended budget adjustments are then incorporated into a final budget document. A proposed financial plan and an Executive Summary of the Budget are communicated to the general public in the form of a public hearing. The public hearing is advertised in the newspapers at least three weeks before the scheduled hearing in order to allow sufficient time for the public to review and ask questions. The Board is then required to adopt the budget, tax and rate ordinances (if applicable) consistent with the District's Charter and State Law. 16 BUDGET PROCESS (continued) The District's fiscal year begins on July 1st. Departments are accountable for budgetary control throughout the fiscal year. Expenditure patterns are examined and compared to budget plans with variances reported. Written responses to significant variances are required quarterly from each Department and reviewed by the Director of Finance. Budget status is reported to The Board at its monthly Finance Committee meeting, The Director of Finance reviews the District's monthly financial statements and budget variance report ensuring the District's actual revenue is sufficient to support budgeted expenditures. Forecasted expenses are also compared to budget. The District's operating budget is adopted at the Department level as detailed in the District's Budget Ordinance. Any transfers between Departments or Funds require Board approval. Budget transfers are made on an as needed basis. Expenditures for the Capital Improvement and Repairs Program ("CIRP") are presented on an appropriated basis as opposed to a cash flow basis. Governmental accounting procedures require an adequate budget to pay for an entire contract to be available and appropriated in the period in which a contract is entered. All outstanding CIRP encumbrances remain open until a project is completed. A budget is developed for both revenues and expenses: 1. Revenue expectations are developed from trend analysis, incorporating upcoming rate increases and significant economic and policy factors. • FY2011 Total Revenues are budgeted at: Wastewater User Charges: $213.6 Stormwater User Charges: 4.8 Taxes 26.5 Revenue Bonds: 89.0 Investment and Other Income 5.6 Use of Fund balances .22.91 TOTAL REVENUE $336.6 2. Operating Expenses are developed using a zero based budgeting method with written justification for all expenditures. The CIRP is developed by the District's Engineering Department based on the revenues forecasted for the coming year. Projects prioritized for the coming year are outlined in a supplemental report in conjunction with the Operating Budget. Debt service for the District's existing and forecasted use of bonds is developed by the District's Treasury Department and also incorporated into the Operating Budget. • FY2011 Operating Expense: Operations $155.1 CIRP 139.3 Debt Service 42.2 TOTAL EXPENSES $336.6 17 $ 500,000 EMERGENCY K.F,UND $3,000,000 WATER BACK-UP INSUR. & REIMB, FUND MSD Flow of User Charge Wastewater Revenue Fund $213,840,000 $43,686,000 SANITARY REPLACEMENT FUND $1,269,000 $41,965,000 DEBT SERVICE FUND $1,269,000 IMPROVEMENT FUND MSD's GENERAL FUND $128,330,000 Stormwater Revenue Fund $4,910,000 $0 STORMWATER REPLACEMENT FUND i ,s Sources of Funding Fiscal Year YOfl Capital Operations Debt Improvement & TOTAL Service Replacement Program Wastewater User Charges Stormwater User Charges Revenue Bonds Taxes Investment Income & Other Anticipated Grants Fund Balances TOTAL $126.2 4,8 0,0 14.8 2,6 0,0 5.7 $154.1 $42.0 0.0 0.0 0.0 0,3 0,0 (0.0) 42.2 $45.5 0.0 89.0 11.6 2.7 0.0 (8,5) $140.3 $213.6 4.8 89.0 26.5 5.6 0,0 (2,9) $336.6 19 SOURCES OF FUNDING USER CHARGES The District has two types of user charges, a wastewater user charge and a stormwater user charge. All user charge revenue is recorded in the associated Revenue Fund. A portion of the revenue is transferred to the General Fund to cover daily operating, maintenance and replacement costs; a portion is allocated to the Water Backup Insurance and Reimbursement Fund to provide assistance to homeowners with damages resulting from blocked main and basement backups, and a portion is allocated to the Debt Service Funds to retire outstanding bonds issued for capital improvements. The remainder of the revenue is transferred to the Capital Improvement and Replacement Funds for construction projects and emergencies. A chart detailing the flow offunds is also included in the succeeding pages of the Budget Summary section. Wastewater: Residential customers with metered water service vdl pay a billing and collection charge, a system availability charge and a volume charge based on the most recent winter quarter's water usage. Unmetered customers will pay the same charges with the exception a volume charge. Unmetered volume is based on housing attributes such as the number of rooms and plumbing fixtures. Non-residential customers will pay the same charges plus an additional compliance charge. Some non- residential customers will pay extra strength surcharges for the treatment of wastes containing suspended solids, biochemical oxygen demand or chemical oxygen demand exceeding normal wastewater strengths. The Wastewater User Charge revenue for FY2011 is estimated at $213,840,455. Stormwater: On March 1, 2008 the District changed its stormwater rate methodology from a flat rate basis to a stormwater impervious area based user charge. This stormwater user charge applied to all single family, multi -family and commercial accounts. The previous stormwater rate methodology did not provide sufficient funding for rehabilitation and preventative maintenance of the stormwater infrastructure within the District's boundaries. An impervious based user charge designed to provide adequate funding for the District's stormwater program was implemented in March 2008. A July 2010 circuit court ruling nullified the impervious based charge. In response, the MSD Board of Trustees suspended the impervious stormwater charge and reinstated a voter approved user charge. This charge is 240 a month per each Residential and Commercial account and 180 per each multi -family unit. This user charge revenue is estimated to be $1,167,936 for FY11. The District is entitled to revenue generated from the impervious charge prior to the court ruling. This revenue is estimated to be $3,742,500 in FY11. Total estimated stormwater user charge revenue for FY11 is $4,910,436. Other User Charges: Other User Charge revenue such as Late Fees, Lien Interest, Refunds and Account Adjustments are estimated to be ($320,965). This amount is net of stormwater charge credits resulting from the District's stormwater customer appeal process and a provision to recognized delinquent customer bills. TOTAL REVENUE: The District's total FY2011 User Charge revenue is estimated to be $218,429,926. 20 The District also provides a low income assistance program. Those customers who are eligible will receive a low income credit equal to 50% of their sewer service charge bill. A composite schedule of the budgeted Wastewater and Stormwater user charge revenue by customer class can be found in the succeeding pages of the Summary Section. More detailed schedules can be found in the Revenue Funds section. REVENUE BONDS The District will issue approximately $89 million in bonds in FY2011 to be used for capital improvement projects, and anticipates issuing an additional $51 million next year; totaling $140 million over two years. Prior to a November 2000 Charter change, the District was unable to issue revenue bonds as a source of funding its Capital Improvement and Replacement Program (°CIRP"). Almost all of the District's capital expenditures were funded from annual cash flow, known as Pay - As -You -Go (PAYGO) funding. Continuation of a PAYGO approach as the District's sole funding option would have required significant rate increases to generate the necessary annual capital funding. PAYGO is the lowest cost funding source due to it's avoidance of the financing and interest costs associated with long term debt. The primary negatives associated with PAYGO funding include 1) The short-term impact on customer rates, and 2) The mismatch between the cost and benefit of the Districts capital infrastructure to the users. In the case of capital projects that have a long life expectancy, PAYGO funding causes today's customers to pay for an asset that will be used by tomorrow's customers for many years. Financing a portion of the capital program with bonds is an excellent way to distribute the cost of long-term assets to the future customers who will benefit from the use of the assets and lessen the impact of short-term rate increases. It is typically considered good public policy to allocate a portion of the cost of long-term assets to future users by the use of debt. At the same time, prudent fiscal policy would not allow 100% debt financing. The goal is to strike the correct balance between the distribution of the cost of long-term assets to the users that benefit from them and maintaining healthy financial ratios. AD VALOREM TAXES Prior to calendar year 2008, all taxpayers within the District's boundaries were assessed 2¢ (two cents) levy per $100 of assessed valuation to pay for a portion of the District's General Administration. All taxpayers within the District's original boundaries were assessed a 50 (five cents) levy per $100 of assessed valuation to pay for a portion of the District's stormwater operation and maintenance costs. These prior taxes were replaced with stormwater revenue generated by an impervious area associated with each customers property. In July 2010, a circuit court ruling nullified the impervious based stormwater charge. In response, the MSD Board of Trustees reinstated the use of ad valorem property taxes. This tax revenue is recorded in the General Fund of the District and estimated to be $14,814,860 for FY11. Property tax levies assessed for all twenty-three taxing subdistricts within the District's boundaries have also been reinstated during FY2011. All subdistrict taxes collected within these boundaries are held in the Operation, Maintenance and Construction Improvement (OMCI) funds and must be used primarily for stormwater related capital improvements within the specific subdistrict boundaries in which the taxes are collected. This tax revenue is estimated to be $11,647,056 for FY11. 21 INVESTMENT INCOME & OTHER Investment Income and Other Fees will fund $5.6 million of the Budget. An investment retum of 0.75% is assumed on all beginning fund balances. $3.1 million is expected to be generated from connection fees that are based on a flat rate per connection to the sanitary system. These revenue estimates are based on previous experience, current economic conditions and anticipated new home construction. Rental income from tenants at the 2350 Market building is expected to generate $264,000. Miscellaneous Income comprised of refunds of court costs and attorney fees is estimated at $310,000. GRANT INCOME Anticipated Grants will fund $3,000 of the FY2011 Budget. All grant amounts are based on commitments made by the Federal, State, and Local governments. Stormwater projects include State grants from the State stormwater program, which are limited to one third of a project's eligible cost. Also included are Local grants for one third of a project's cost from municipalities that have made commitments. In the past, large Federal grants were available to help defray the cost of major clean water projects. Currently, however, the Federal govemment has decided to leave the funding of these projects to the local users of the system. The District will continue to aggressively pursue all possible grant opportunities. FUND BALANCES These sources of funding will result in a fund balance increase of $2.9 million during FY 2011. 22 DEPARTMENT Secretary - Treasurer Executive Director General Counsel Human Resources Finance Information Systems Engineering Operations Total FTE's Total Positions Metropolitan St. Louis Sewer District ALLOCATED POSITIONS Original FY 2011 Funded # / 7 $ 659,819 Unfunded # / 0 $ - 4 508,732 0 0 7 776,642 0 0 25 2,761,369 70 4,689,765 42 4,339,835 234 20,332,035 577 43,747,569 0 0 15 980,784 966 $ 77,815,766 15 $ 980,784 # 6$ Revised FY 2011 Funded Unfunded / # $ 565,463 1 $ 108,240 4 508,732 0 0 7 776,642 0 0 24 2,697,095 1 72,422 64 4,372,224 6 361,481 39 4,063,356 3 315,683 229 20,046,270 5 325,713 563 42,999,783 29 1,832,490 936 $ 76,029,565 45 $ 3,016,029 981 981 23 Metropolitan St. Louis Sewer District Changes in Total Fund Balance STATEMENT OF CHANGES IN FUND BALANCE CONSOLIDATED ($ 000) BUDGET ORIGINAL REVISED $ FY 2011 FY 2011 CHANGE CHANGE FUND BALANCE B.O.P. $183,893 201,553 17,660 9.6% Revenues: Revenue Bonds 78,000 89,000 11,000 14.1% Capital Improvement Surcharge Refund 0 0 0 NIA Wastewater User Charges 218,876 213,599 (5,277) (2.4%) Stormwater User Charges 48,274 4,830 (43,444) (90.0%) Taxes 0 26,461 26,461 NIA Tax Revenue Anticipation Notes 0 0 0 NIA Stormwater Maintenance Reimbursemen1 0 0 0 NIA Interest on Investments 1,393 1,900 507 36.4°% Grant Income 44 3 (41) (93.2°%) Connection and Other Fees 3,280 3,084 (196) (6.0%) Proceeds from Sale of Property 0 0 0 NIA Rental Income 250 264 14 5.6% Miscellaneous 1,810 310 (1,500) (82.9°%) Total Revenues $351,927 $339,452 (12,476) (3.5°%) Expenditures: Personnel Services $87,937 85,485 (2,452) (2.8%) Supplies 12,847 12,057 (790) (6.2°%) Utilities 14,390 14,280 (110) (0.8%) Contractual Services 44,532 40,129 (4,403) (9.9%) Capital Outlay 3,544 3,116 (429) (12.1%) Construction and Engineering 150,917 141,614 (9,303) (6.2°%) Principal Payments 17,053 17,053 0 0.0% Interest Payments 24,944 25,164 220 0.9% Other (1,950) (2,325) (375) 19.2°/° Total Expenditures $354,214 $336,574 17,640 5.0% Net Operating Income (Loss) (2,287) 2,878 5,165 (225.8%) 0 & M Alloabon from Other Funds 0 & M Allocation to General Fund 155,641 128,330 (27,310) (17.5%) (155,641) (128,330) 27,310 (17.5%) Interfund Transfers 0 0 0 N/A Increase (Decrease) in Fund Bal. (2,287) 2,878 5,165 (225.8%) FUND BALANCE E.O.P. $181,607 $204,431 22,824 12.6°% 24 FUND BALANCE B.O.P. Metropolitan Si. Louis Sewer District Changes in Fund Balance REVENUE FUNDS CONSOLIDATED ($ 000) BUDGET ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE $0 0 0 NIA Revenues: Wastewater User Charges 219,117 213,840 (5,277) (2.4%) Stormwater User Charges 48,354 4,910 (43,444) (89.8°%) Interest on Investments 0 0 0 NIA Connection and Other Fees 0 0 0 NIA Miscellaneous 0 0 0 NIA Total Revenues 267,471 218,750 (48,721) (18.2%) Expenditures: 0 & M Allocation to General Fund 155,641 128,330 (27,310) (17.5%) Construction & Engineering 0 0 0 NIA Other 0 0 0 NIA Total Expenditures 155,641 128,330 (27,310) (17.5%) Net Operating Income (Loss) 111,830 90,420 (21,410) (19.1%) Transfers From (To) (111,830) (90,420) 21,410 (19.1°%) Increase (Decrease) in Fund Bal. 0 0 (0) (3.2°%) FUND BALANCE E.O.P. $0 0 0 NIA 25 Projected User Charge Revenue COMPOSITE FY 2011 BUDGET WASTEWATER USER CHARGE Metered Single Family Unmetered Single Family Metered Multi -Family Unmetered Multi -Family Non -Residential Extra Strength Surcharges Less: Low Income Assistance Credits Subtotal WASTEWATER USER CHARGE STORMWATER USER CHARGE Single Family Multi -Family Non -Residential Less: Low Income Assistance Credits Less: Levee District Credits Subtotal STORMWATER USER CHARGE USER CHARGE REVENUE Bad Debt Prov., Adjustments, Late Charges & Refunds TOTAL USER CHARGE REVENUE BUDGET ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE $91,579,400 91,487,300 (92,100) (0,1%) 23,028,100 22,918,800 (109,300) (0.5%) 21,182,500 20,696,400 (486,100) (2.3%) 12,541,200 12,516,400 (24,800) (0.2%) 64,516,800 59,920,000 (4,596,800) (7.1%) 6,531,500 6,569,100 37,600 0.6% (262,200) (267,545) (5,345) 2.0% $219,117,300 213,840,455 (5,276,845) (2.4%) $26,492,400 2,975,199 (23,517,201) (88,8%) 4,021,300 408,676 (3,612,624) (89.8%) 19,684,400 1,534,858 (18,149,542) (92.2%) (31,409) (8,297) 23,112 (73.6°%) (1,812,800) 0 1,812,800 (100.0%) $48,353,891 $4,910,436 ($43,443,455) (89.8%) S267,471,191 $218,750,891 ($48,720,300) (18,2%) ($320,965) ($320,965) 0 0.0°% ($320,965) ($320,965) 0 0.0% $267,150,226 $216,429,926 ($48,720,300) (18.2%) 26 FUND BALANCE B.O.P. Metropolitan St. Louis Sewer District Changes in Fund Balance REVENUE FUNDS WASTEWATER REVENUE FUND - FUND 306 ($ 000) BUDGET ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE $0 0 0 NIA Revenues: Wastewater User Charges 219,117 213,840 (5,277) (0.02) WW User Charges - Adjustments 0 0 0 NIA Interest on Investments 0 0 0 NIA Connection and Other Fees 0 0 0 NIA Miscellaneous 0 0 0 NIA Total Revenues 219,117 213,840 (5,277) (0.02) Expenditures: 0 & M Allocation to General Fund 119,222 123,420 4,198 0.04 Construction & Engineering 0 0 0 NIA Other 0 0 0 N/A Total Expenditures 119,222 123,420 4,198 0.04 Net Operating Income (Loss) 99,895 90,420 (9,474) (0.09) Interfund Transfers From (To): Emergency Fund (122) (500) (500) 0 0.00 Water Backup Insurance & Reimb. (104) (3,000) (3,000) 0 0.00 WW Revenue Bond Service Fund (681) (33,741) (33,741) 0 0.00 WW Revenue Bond Service Fund (683) (2,902) (2,902) 0 0.00 WW Revenue Bond Service Fund (684) (344) (344) 0 (0.00) WW Revenue Bond Service Fund (686) (4,978) (4,978) (0) 0.00 Sanitary Replacement Fund (660) (52,586) (43,686) 8,900 (0.17) Improvement Fund (102) (1,844) (1,269) 575 (0.31) Real Property Fund (103) 0 0 0 NIA Total Interfund Transfers (99,895) (90,420) 9,475 (0.09) Increase (Decrease) in Fund Bal. (0) 0 1 (4.48) FUND BALANCE E.O.P. ($0) 0 1 (4.48) 27 Metropolitan St. Louis Sewer District Projected User Charge Revenue WASTEWATER REVENUE FUND (306) REVISED FY 2011 BUDGET Number of Accounts Projected Billed Annual jAnnualized) Volume Proposed Char es Base Compliance Volume $/service $!service $/unit RESIDENTIAL Metered Single Family 3,627,108 24,820,920 Ccfs 11.40 Less: Low Income Assistance Credits 12,755 80,006 5.70 Projected Percent Revenue of Total 2.02 91,487,300 1.01 (153,500) Unmetered Single Family 688,900 11.40 7,853,500 Rooms 4,749,588 1.32 6,269,500 Water Closets 1,010,547 4.93 4,982,000 Baths 790,002 4,11 3,246,900 Separate Showers 137,941 4.11 566,900 Less: Low Income Assistance Credits 6,876 66,755 5.70 1.12 (114,045) Metered Multifamily 249,237 8,839,180 Ccfs 11.40 2.02 20,696,400 Unmetered Multifamily Rooms Water Closets Baths Separate Showers Subtotal RESIDENTIAL 240,429 11.40 2,740,900 2,747,265 1.32 3,626,400 688,896 4.93 3,396,300 641,744 4.11 2,637,600 28,032 4.11 115,200 $147,351,355 68.9% NON-RESIDENTIAL Non-residential 300,859 23,370,639 Ccfs 11.40 30.85 2.02 59,920,000 Extra Strength Surcharges Suspended Solids over 300 ppm 8,102 Tons 222.62 1,803,600 BOD's over 300 ppm 6,735 Tons 596.72 4,018,700 COD's over 600 ppm 2,503 Tons 298.36 746,800 Subtotal NON-RESIDENTIAL $66,489,100 31.1°% TOTAL WASTEWATER USER CHARGE REVENUE $213,840,455 100.0% 28 FUND BALANCE B.O.P. Metropolitan Si. Louis Sewer District Changes in Fund Balance REVENUE FUNDS STORMWATER REVENUE FUND • FUND 307 ($ 000) BUDGET ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE $0 0 0 NIA Revenues: Slormwater User Charges 50,167 4,910 (45,257) (90.2%) SW User Charge Credits (1,813) 0 1,813 (100.0%) SW User Charge Adjustments 0 0 0 NIA Interest on Investments 0 0 0 NIA Connection and Other Fees 0 0 0 NIA Miscellaneous 0 0 0 NIA Total Revenues 48,354 4,910 (43,444) (89.8%) Expenditures: 0 8 M Allocation to General Fund 36,418 4,910 (31,508) (86.5°%) Construction 8 Engineering 0 0 0 NIA Other 0 0 0 NIA Total Expenditures 36,418 4,910 (31,508) (86.5%) Net Operating Income (Loss) 11,936 0 (11,936) (100.0%) Intedund Transfers From (To/From): Improvement Fund (102) (1,306) 0 1,306 (100.0°%) Stormwater Replacement Fund (700) (10,630) 0 10,630 (100.0%) Total lnterfundTransfers (11,936) 0 11,936 (100.0°%) Increase (Decrease) in Fund Bal. 0 0 0 NIA FUND BALANCE E.O.P. $0 $0 0 NIA 29 Metropolitan St. Louis Sewer District Projected User Charge Revenue STORMWATER REVENUE FUND (307) REVISED FY 11 BUDGET ORIGINAL JULY AUG-JUNE REVISED PROJECTED @IMPERVIOUS @ FLAT PROJECTED $ REVENUE RATE RATE REVENUE CHANGE CHANGE RESIDENTIAL Single Family Impervious Area (July • December) 11,964,300 1,965,420 0 1,965,420 (9,998,880) (83.6%) Single Family Impervious Area (January- June) 14,528,100 0 0 0 (14,528,100) (100.0%) Single Family Flat Rate 0 0 1,009,779 1,009,779 1,009,779 NIA Less: Low Income Assistance Credits (31,409) (3,120) (5,177) (8,297) 23,112 (73.6%) Multi Family Impervious Area(July- December) 1,816,100 302,390 0 302,390 (1,513,710) (83,3%) Multi Family Impervious Area (January • June) 2,205,200 0 0 0 (2,205,200) (100,0%) Multi Family Flat Rate 0 0 106,286 106,286 106,286 NIA Subtotal RESIDENTIAL $30,482,291 $2,264,690 $1,110,888 $3,375,578 (27,106,713) (88.9%) NON-RESIDENTIAL Commercial Impervious Area(July- December) 8,889,700 1,477,810 0 1,477,810 (7,411,890) (83.4%) Commercial Impervious Area(January-June) 10,794,700 0 0 0 (10,794,700) (100.0%) Commercial Flat Rate 0 0 57,048 57,048 57,048 NIA Subtotal NON-RESIDENTIAL $19,684,400 $1,477,810 $57,048 $1,534,858 (18,149,542) (92.2%) LEVEE DISTRICT CREDIT Impervious Area (818,700) 0 0 0 818,700 (100.0%) Impervious Area (994,100) 0 0 0 994,100 (100.0%) ($1,812,800) 0 0 0 1,812,800 (100.0%) TOTAL STORMWATER USER CHARGE REVENUE $48,353,891 3,742,500 1,167,936 4,910,436 (43,443,455) (89.8%) 30 Metropolitan St. Louis Sewer District Changes in Fund Balance General Fund GENERAL FUND• FUND* ($ 000) BUDGET ORIGINAL REVISED $ °k FY2011 FY2011 CHANGE CHANGE FUND BALANCE B.O.P. $14,061 14,303 242 11°% Revenues: 0 8 M Allocation from Other Funds 155,641 128,330 (27,310) (17.5%) Bond Proceeds 0 0 0 NIA WaslewalerUser Charges (241) (241) 0 0.0% Stormwater User Charges (80) (80) 0 0.0% Tax Revenue 0 14,815 14,815 NIA Stormwater Maintenance Reimbursement 0 0 0 NIA Interest on Investments 79 104 25 31.6% Grant Income 0 0 0 NIA Connection and Other Fees 2,280 2,084 (196) (8.6%) Miscellaneous 1,505 5 (1,500) (99.7%) Total Revenues $159,184 145,017 (14,167) (8.9%) Expenditures: Personnel Services 87,937 85,485 (2,452) (2.8%) Supplies 12,804 12,014 (790) (6.2%) Utilities 14,145 14,035 (110) (0.8%) Contactual Services 39,951 35,548 (4,403) (11.0%) Capital Outlay 3,332 2,904 (429) (12.9%) Construction 8 Engineering 0 0 0 NIA Principal Payments 0 0 0 NIA Interest 8 Fiscal Agents' Fees 0 0 0 NIA Change in Landfill Closure Costs 0 0 0 NIA Oper R Mtce Exp Allocations 0 0 0 NIA Payments to Refunded Loan 0 0 0 NIA Total Expenditures $158,169 149,986 (8,183) (5.2%) Net Operating Income (Loss) $1,015 (4,969) (5,983) (589.8%) Interfund Transfers From (To): Mississippi River Principal & Interest (205) $0 0 0 NIA Emergency Fund (122) 0 1,000 1,000 NIA Improvement Fund (102) 0 1,000 1,000 NIA Real Property Imp. and At. Fund (103) 0 0 0 NIA Water Backup Insurance Fund (104) 0 1,000 1,000 NIA Capital Improvement Trust Fund (650) 0 0 0 NIA Sanitary Replacement Fund (660) 0 0 0 NIA Total lnterfundTransfers 0 3,000 3,000 NIA Increase (Decrease) in Fund Bal. 1,015 (1,969) (2,983) (294.1%) FUND BALANCE E.O.P. $15,075 12,334 (2,740) (18.2%) 31 Metropolitan St. Louis Sewer District Changes in Fund Balance CONSTRUCTION FUNDS CONSOLIDATED ($000) BUDGET ORIGINAL REVISED $ FY 2011 FY 2011 CHANGE CHANGE FUND BALANCE B.O.P. $83,354 96,161 12,807 15.4% Revenues: Capital Improvement Surcharge Refund 0 0 0 NIA Revenue Bonds & Notes 78,000 89,000 11,000 14.1 % Lease Hold Revenue Bonds 0 0 0 NIA Interest on Investments 642 910 268 41.8% Grant Income 44 3 (41) (93.2°%) Connection and Other Fees 250 250 0 0,0°% Miscellaneous 300 300 0 0.0% Total Revenues 79,236 90,463 11,227 14.2% Expenditures: Construction & Engineering 132,617 125,199 (7,418) (5.6%) Other (2,000) (2,000) 0 0.0% Total Expenditures 130,617 123,199 (7,418) (5.7%) Net Operating Income (Loss) (51,381) (32,736) 18,645 (36.3°%) Transfers From (To) 63,216 43,686 (19,530) (30.9°%) Increase (Decrease) in Fund Bal. 11,835 10,950 (884) (7.5%) FUND BALANCE E.O.P. $95,188 107,111 11,923 12.5% 32 Metropolitan St. Louis Sewer District Changes in Fund Balance CONSTRUCTION FUNDS SANITARY REPLACEMENT FUND • FUND 660 ($ 000) BUDGET ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE FUND BALANCE B.O.P. $75,430 86,718 11,288 15.0°% Revenues: Proceeds from Revenue Bonds 78,000 89,000 11,000 14A% Lease Hold Revenue Bonds D 0 0 NIA Interest on Investments 566 805 239 42.2% Grant Income 44 3 (41) (93,2%) Connection and Other Fees 0 0 0 NIA Miscellaneous 300 300 0 0.0% Total Revenues 78,910 90,108 11,198 14.2% Expenditures: Construction & Engineering 119,472 118,122 (1,350) (1.1%) Other (2,000) (2,000) 0 0.0% Total Expenditures 117,472 116,122 (1,350) (1.1%) Net Operating Income (Loss) (38,562) (26,014) 12,548 (32.5%) Interfund Transfers From (To): Wastewater Revenue Fund (306) 52,586 43,686 (8,900) (16.9%) General Fund (101) 0 0 0 NIA Waterbackup (104) 0 0 0 NIA Real Property (103) 0 0 0 NIA Total lnterfundTransfers 52,586 43,686 (8,900) (16.9%) Increase (Decrease) in Fund Bal. 14,024 17,672 3,648 26.0°% FUND BALANCE E.O.P. $89,454 104,390 14,936 16.7% 33 Metropolitan St. Louis Sewer District Changes in Fund Balance CONSTRUCTION FUNDS STORMWATER REPLACEMENT FUND - FUND 700 ($ 000) BUDGET ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE FUND BALANCE B.O.P. $6,606 7,589 983 14.9% Revenues: Revenue Bonds & Notes 0 0 0 NIA Interest on Investments 66 87 21 31.8°% Grant Income 0 0 0 NIA Connection and Other Fees 0 0 0 NIA Miscellaneous 0 0 0 NIA Total Revenues 66 87 21 31.8% Expenditures: Construction & Engineering 12,845 6,777 (6,068) (47.2%) Other 0 0 0 NIA Total Expenditures 12,845 6,777 (6,068) (47.2%) Net Operating Income (Loss) (12,779) (6,690) 6,089 (47.6%) Transfers From (To) -SW Revenue Fund (307) 10,630 0 (10,630) (100.0%) Transfers From (To) -Various OMCI Funds 0 0 0 NIA Total lnterfundTransfers 10,630 0 (10,630) (100.0%) Increase (Decrease) in Fund Bal. (2,149) (6,690) (4,541) 211.3% FUND BALANCE E.O.P. $4,457 899 (3,558) (79.8%) 34 Metropolitan St. Louis Sewer District Changes in Fund Balance OPERATION, MAINTENANCE AND CONSTRUCTION IMPROVEMENT FUNDS CONSOLIDATED ($ 000) FUND BALANCE B.O.P. Revenues: Taxes Tax Revenue Anticipation Notes Proceeds from Bonds and Notes Interest on Investments Grant Income Miscellaneous Expenditures: Construction & Engineering Other BUDGET Total Revenues Total Expenditures Net Operating Income (loss) Transfer from Stormwaler Replacement Fund Increase (Decrease) in Fund Bal. ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE $40,235 41,815 1,580 3.9°% 0 11,646 11,646 N/A 0 0 0 N/A 0 0 0 NIA 321 423 102 31.8% 0 0 0 NIA 0 0 0 N1A 321 12,069 11,748 3659.8% 14,900 14,900 0 NIA 0 0 0 NIA 14,900 14,900 0 0.0% (14,579) (2,831) 11,748 (80,6%) 0 0 0 NIA (14,579) (2,831) 11,748 (80.6%) FUND BALANCE E.O.P. $25,656 38,984 13,328 51.9% 35 Metropolitan St. Louis Sewer District Changes in Fund Balance DEBT SERVICE FUNDS CONSOLIDATED ($ 000) BUDGET ORIGINAL REVISED $ FY 2011 FY 2011 CHANGE CHANGE FUND BALANCE B.O.P. 29,485 29,946 461 1.6% Revenues; Revenue Bond Proceeds Placed in Reserve 0 0 0 N/A Taxes 0 0 0 NIA Interest on Investments 221 291 70 31.7°% Miscellaneous 0 0 0 N/A Total Revenues 221 291 70 31.7% Expenditures: Principal Payment 17,023 17,023 0 0.0% Interest Payment 24,941 25,161 220 0.9% Other 50 50 0 0.0% Total Expenditures 42,015 42,234 219 0.5% Net Operating Income (Loss) (41,793) (41,943) (150) OA% Transfers From (To) 41,965 41,965 0 0.0% Increase (Decrease) in Fund Bal. 171 22 (149) (87.4°%) FUND BALANCE E.O.P. 29,656 29,968 312 1.1% 36 Metropolitan St. Louis Sewer District Changes in Fund Balance SPECIAL FUNDS CONSOLIDATED ($ 000) BUDGET ORIGINAL REVISED $ FY 2011 FY 2011 CHANGE CHANGE FUND BALANCE B.O.P. $16,759 19,328 2,569 15.3% Revenues: Interest on Investments 130 171 41 31.8% Grant Income 0 0 0 NIA Connection & Other Fees 750 750 0 0.0% Proceeds from Sale of Property 0 0 0 NIA Rental Income 250 264 14 5.6°% Proceeds from Notes 0 0 0 NIA Miscellaneous 5 5 0 0.0% Total Revenues 1,135 1,190 55 4.9% Expenditures: Supplies 43 43 0 0.0% Utilities 245 245 0 0.0% Contractual Services 4,581 4,581 0 0.0% Capital Outlay 212 212 0 0,0% Construction & Engineering 3,400 1,515 (1,885) (55.00) Principal Payments 30 30 0 0.7°% Interest Payments 3 3 (0) (14.7%) Other 0 (375) (375) NIA Total Expenditures 8,514 6,254 (2,260) (26.5%) Net Operating Income (Loss) (7,379) (5,064) 2,315 (31.4%) Transfers From (To) 6,650 1,769 (4,881) (73.4°%) Increase (Decrease) in Fund Bal. (729) (3,295) (2,566) 352.1°% FUND BALANCE E.O.P. $16,030 16,033 3 0.0°% 37 Metropolitan St. Louis Sewer District Changes in Fund Balance SPECIAL FUNDS IMPROVEMENT• FUND102 ($ 000) BUDGET J ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE FUND BALANCE B.O.P. $602 352 (250) (41.5%) Revenues: Interest on Investments 8 11 3 31.8% Grant Income 0 0 0 N/A Connection & Other Fees 750 750 0 0.0°% Proceeds from Sale of Property 0 0 0 NIA Miscellaneous 5 5 0 0.0% Total Revenues 763 766 3 0.3% Expenditures: Construction & Engineering 3,150 1,265 (1,885) (59.8%) Principal Payments 30 30 1 2.4% Interest Payments 3 3 0 0.0% Other 0 (375) (375) NIA Total Expenditures 3,182 923 (2,259) (71.0%) Net Operating Income (Loss) (2,419) (157) 2,262 (93.5%) Transfers From (To) / From 306 1,844 1,269 (575) (31.2%) Transfers From (To) / From 307 1,306 0 (1,306) (100.0°%) Total lnterfundTransfers 3,150 1,269 (1,881) (59.7%) Increase (Decrease) in Fund Bal. 731 1,112 381 52.1% FUND BALANCE E.O.P. $1,333 1,464 131 9.8% 38 Metropolitan St. Louis Sewer District Changes in Fund Balance SPECIAL FUNDS REAL PROPERTY IMPROVEMENTS AND ALTERATIONS - FUND 103 ($ 000) BUDGET ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE FUND BALANCE B.O.P. $1,992 2,608 616 30.9% Revenues: Interest on Investments 16 21 5 31,8% Grant Income 0 0 0 NIA Connection 8 Other Fees 0 0 0 NIA Proceeds from Sale of Property 0 0 0 NIA Rentallncome 250 264 14 5.6% Miscellaneous 0 0 0 NIA Total Revenues 266 285 19 7.2% Expenditures: Supplies 43 43 (0) (0.1°%) Utilities 245 245 0 0.2% Contractual Services 581 581 0 0.0% Capital Outlay 212 212 0 0.0% Construction 8 Engineering 0 0 0 NIA Total Expenditures 1,081 1,081 0 0.0% Net Operating Income (Loss) (815) (796) 19 (2.3°%) Transfers From(To) Revenue Fund (306) 0 0 0 NIA Improvement Fund (102) 0 (1,000) (1,000) NIA Transfers To 660 0 0 0 NIA Total Interfund Transfer 0 (1,000) (1,000) NIA Increase (Decrease) in Fund Bal. (815) (1,796) (981) 120.5°% FUND BALANCE E.O.P. $1,178 812 (366) (31.1%) 39 Metropolitan St. Louis Sewer District Changes in Fund Balance SPECIAL FUNDS WATER BACKUP INSURANCE & REIMBURSEMENT FUND • FUND 104 ($ 000) BUDGET ORIGINAL REVISED $ FY2011 FY2011 CHANGE CHANGE FUND BALANCE B.O.P. $9,640 10,295 655 6.8% Revenues: Interest on Investments 12 95 23 31.8% Grant Income 0 0 0 NIA Connection & Other Fees 0 0 0 NIA Miscellaneous 0 0 0 NIA Total Revenues 72 95 23 31.8% Expenditures: Contractual Services 4,000 4,000 0 0.0% Construction & Engineering 0 0 0 NIA Total Expenditures 4,000 4,000 0 0.0% Net Operating Income (Loss) (3,928) (3,905) 23 (0.6°%) Interfund Transfers From (To): Sanitary Replacement (660) 0 0 0 N/A Wastewater Revenue (306) 3,000 3,000 0 0.0% Water Backup Insurance & Reimbursement (104) 0 (1,000) (1,000) Total Intedund Transfers 3,000 2,000 (1,000) (33.3%) Increase (Decrease) in Fund Bal. (928) (1,905) (977) 105.3% FUND BALANCE E.O.P. $8,712 8,390 (322) (3.7%) 40 Metropolitan St. Louis Sewer District Changes in fund Balance SPECIAL FUNDS EMERGENCY• FUND122 ($ 000) BUDGET ORIGINAL REVISED $ FY 2011 FY 2011 CHANGE CHANGE FUND BALANCE B4O.P. $4,524 6,073 1,549 34.2% Revenues: Interest on Investments 34 45 11 31.8% Grant Income 0 0 0 NIA Connection & Other Fees 0 0 0 NIA Miscellaneous 0 0 0 NIA Total Revenues 34 45 11 31.8% Expenditures: Supplies 0 0 0 NIA Contractual Services 0 0 0 NIA Construction & Engineering 250 250 0 0.0% Total Expenditures 250 250 0 0.0% Net Operating Income (Loss) (216) (205) 11 (5.0%) Interfund Transfers From (To): General Fund (101) 0 0 0 NIA Wastewater Revenue Fund (306) 500 500 0 0.0% Stormwater Revenue Fund (307) 0 0 0 NIA Emergency Fund (122) 0 (1,000) (1,000) NIA Total lnterfundTransfers 500 (500) (1,000) (200.0%) Increase (Decrease) in Fund Bal. 284 (705) (989) (348.3%) FUND BALANCE E.O.P. $4,808 5,368 560 11.6% 41 2010.2011 BUDGET 42 Metropolitan St. Louis Sewer District Fiscal 2011 Revised General Fund Budaet 0101 Salaries & Wages 0102 Overtime 0103 Compensatory pay accrual 0104 Retiree Sick leave accrual 0105 Vacation accrual 0106 Worker's Compensation Pay 0107 Board Member Fees 0108 Floating Holiday Accrual 0109 Civil Service Commission Fees 0110 Employee Service & Incentive Award 0111 Workers' Compensation Settlements 0112 Membership & Licensing Fees 0113 Education Assistance Program 0121 FICA Taxes 0122 Group Insurance 0123 Pension Contribution 0124 Unemployment Insurance 0125 Second Injury InsurancelTax 0130 OPEB 0151 Temporary Help 0199 Accrued Salaries-Incr,/Oecr, Total Personnel Services 0201 Fuels, Lubricants, Gases 0202 Motor Vehicle Parts & Equipment 0203 Machinery & Equipment Parts 0204 Non -Capital Auxiliary Equipment 0205 Construction & Building Supplies 0207 Hardware Original FY 2011 Budget $56,008,829 2,718,818 48,000 825,000 600,000 0 2,700 24,000 2,750 161,219 480,000 274,976 301,000 4,504,138 7,940,891 9,361,908 30,000 120,000 1,381,600 3,150,797 0 $87,936,626 $1,154,077 340,460 2,601,221 36,650 2,274,410 95,742 REVISED FY 2011 BUDGET $54,538,733 2,234,150 48,000 825,000 600,000 0 2,700 24,000 2,750 79,399 480,000 274,976 301,000 4,391,746 7,737,178 9,361,908 30,000 120,000 1,381,600 3,051,734 0 $85,484,874 $1,075,077 315,460 2,578,721 36,650 2,014,410 95,742 $ Change % Change ($1,470,096) (2.62%) (484,668) (17.83%) 0 0.00% 0 0,00% 0 0.00% 0 0.00% 0 0.00°% 0 0,00% 0 0.00% (81,820) (50.75%) 0 0,00% 0 0.00% 0 0.00% (112,392) (2.50%) (203,713) (2,57%) 0 0.00% 0 0.00% 0 0,00% 0 0.00% (99,063) (3.14%) 0 0.00% ($2,451,752) (2.79%) ($79,000) (6.85%) (25,000) (7.34°%) (22,500) (0.86%) 0 0.00% (260,000) (11.43%) 0 0.00% 43 Metropolitan St. Louis Sewer District Fiscal 2011 Revised General Fund Budaet 0208 Hose & Rubber Supplies 0209 Electrical Supplies 0210 Instrument Supplies 0211 Chemical Supplies 0212 Laboratory Supplies 0213 Engineering & Drafting Supplies 0215 Plumbing Supplies 0216 Paint Supplies 0217 Safety Supplies 0222 Janitorial Supplies 0224 Hand Tools 0228 Uniforms 0230 Safety Shoes 0231 Telephone/Comm. Equip.& Supplies 0232 Office Supplies 0233 Computer Supplies 0234 Non -Capital Computer Equipment 0236 Grounds Supplies 0237 Photo & Video Supplies 0238 Publications & Training Supplies 0239 Administrative Supplies 0240 Non -Capital Office Equipment Total Supplies 0306 Electric Usage 0307 Natural Gas Usage 0308 Water Usage 0327 Telephone Usage Total Utilities Original FY 2011 Budget 234,810 735,127 748,541 1,945,752 137,552 4,750 442,134 46,668 351,138 139,492 337,200 325,014 130,035 25,244 183,998 273,949 16,799 26,100 7,710 134,820 48,012 6,950 $12,804,355 $9,807,580 2,933,639 485,826 918,096 $14,145,141 1 REVISED FY 2011 BUDGET 210,810 748,127 740,541 1,882,752 137,552 4,750 269,634 46,668 317,838 139,267 313,700 323,014 130,035 25,244 183,998 199,029 16,799 25,100 7,710 120,370 48,012 6,950 $12,013,960 $9,787,580 2,898,639 481,826 867,096 $14,035,141 i $ Change % Change (24,000) (10,22%) 13,000 1.77% (8,000) (1.07%) (63,000) (3,24%) 0 0,00% 0 0.00% (172,500) (39.02%) 0 0,00% (33,300) (9,48%) (225) (0.16%) (23,500) (6.97°%) (2,000) (0.62%) 0 0.00°% 0 0.00% 0 0.00% (74,920) (27.35%) 0 0.00% (1,000) (3.83%) 0 0,00% (14,450) (10,72%) 0 0.00% 0 0.00% ($790,395) (6.17%) ($20,000) (0.20%) (35,000) (1.19%) (4,000) (0.82%) (51,000) (5.55%) 4110,000) (0.78%) 44 Metropolitan St. Louis Sewer District Fiscal 2011 Revised General Fund Budaet Original FY 2011 Budget 0401 Postage $2,116,688 0405 Office System Services 2,592,443 0406 Printing Services 459,121 0408 Advertising Services 339,291 0410 Travel Expenses 363,218 0412 Photo Services 17,310 0413 Bond & Liability Insurance 3,035,351 0414 Training Programs & Seminar Fees 635,329 0416 Data Imaging Services 105,110 0418 Courier and Freight 141,879 0419 Property & Other Space Rental 182,998 0434 Other Contractual Services 0 0435 Lock Box Services 711,996 0436 Banking Services 183,950 0437 Board of Election Commissioners 0 0439 Hospital and Medical Services 565,709 0440 Judgments & Claims Settlements 880,000 0441 Judgments & Claims Accural 0 0442 Court Costs & Lien Fees 2,143,152 0444 Easement Acquisition Fees 10,000 0445 Collection Services 4,251,552 0447 Water Agency Data Services 482,520 0452 Professional Services 9,681,531 0453 Building Repairs & Services 1,167,954 0454 Janitorial Services 1,193,420 0455 Grounds Services 554,887 0456 Motor Vehicle Services 250,050 0457 Machinery & Equipment Services 1,866,244 0458 Equipment Rental 336,332 REVISED FY 2011 BUDGET $1,890,149 2,201,443 431,641 300,691 342,643 17,310 2,835,351 455,204 105,110 136,879 120,998 0 678,845 163,950 0 565,709 580,000 0 416,716 10,000 4,058,824 482,520 8,786,374 1,097,954 1,178,420 544,887 230,050 1,791,244 276,332 $ Change % Change ($226,539) (10.70%) (391,000) (15.08%) (27,480) (5,99%) (38,600) (11.38%) (20,575) (5.66%) 0 0,00% (200,000) (6.59%) (180,125) (28.35%) 0 0.00% (5,000) (3.52%) (62,000) (33.88%) 0 0.00% (33,151) (4.66%) (20,000) (10,87%) 0 0.00% 0 0.00% (300,000) (34,09%) 0 0.00% (1,726,436) (80.56%) 0 0.00% (192,728) (4.53%) 0 0.00% (895,157) (9.25%) (70,000) (5.99°%) (15,000) (1.26%) (10,000) (1.80%) (20,000) (8.00%) (75,000) (4.02%) (60,000) (17.84%) 45 Metropolitan St. Louis Sewer District Fiscal 2011 Revised General Fund Budaet 0459 Sewer Repair and Structure Cleaninc 0460 Electrical Repair Services 0461 Instrument Repair Services 0462 Plumbing Services 0463 HVAC Services 0464 Damage Repairs and Services 0465 Waste Hauling 0466 Ash Hauling 0467 Other Governmental Fees 0468 Laboratory Testing Services 0469 Safety Services 0470 Asbestos Removal Services 0471 Community Outreach Programs 0472 Tree RemovallWeed Spraying 0480 Worker Comp Accrual Total Contractual Services 0502 Buildings Purchases 0503 Structural Improvements 0504 Processing Equipment 0505 Auxiliary Equipment 0506 Motor Vehicles 0507 Machinery & Implements 0508 Instruments & Apparatus 0509 Furniture & Office Equipment 0511 Computer Equipment Total Capital Outlay Total General Fund Expenses Original FY 2011 Budget 942,820 426,427 316,526 117,940 414,940 27,900 1,842,634 448,000 667,431 30,350 74,800 11,000 49,600 312,600 0 $39,951,003 $0 100,000 419,600 15,000 1,430,000 716,500 162,600 28,680 459,880 $3,332,260 $158,169,385 REVISED FY 2011 BUDGET 1,308,820 419,427 316,526 115,440 399,040 27,900 1,752,634 448,000 657,431 30,350 74,800 11,000 34,600 252,600 0 $35,547,812 $0 100,000 419,600 15,000 1,110,000 786,500 162,600 18,780 292,180 $2,904,660 $149,986,447 L J $ Change To Change 366,000 38.82% (7,000) (1.64%) 0 0.00°A (2,500) (2.12%) (15,900) (3.83%) 0 0.00% (90,000) (4.88%) 0 0.00% (10,000) (1.50%) 0 0.00°A 0 0.00% 0 0,00% (15,000) (30.24%) (60,000) (19.19%) 0 0.00°% ($4,403,191) (11.02%) $0 0.00% 0 0.00% 0 0.00% 0 0,00% (320,000) (22.38%) 70,000 9.77% 0 0,00% (9,900) (34.52%) (167,700) (36.47%) ($427,600) (12.83%) ($8,182,938) (5.17%) 46 Metropolitan St, Louis Sewer District General Fund Budget Revisions by Department FY 2011 Budget Original Budget Revised Budget $ Change % Change DEPARTMENT Board of Trustees $ 2,800 $ 2,800 $ 0% Rate Commission 461,150 461,150 0 0% Secretary -Treasurer 1,954,750 1.811,994 (142,756) -7% Civil Service Commission 8,750 8,750 0 0% Executive Director 1,062,357 832,357 (230,000) -22% General Counsel 5,148,937 4,548,937 (600,000) -12% Human Resources 11,879,843 11,308,719 (571,124) -5% Finance 18,872,278 15,890,590 (2,981,688) -16°% Information Systems 11,121,133 10,077,934 (1,043,199) -9% Engineering 22,169,875 21,735,310 (434,565) -2% Operations 85,487,512 83,307,906 (2,179,606) -3% Total General Fund Budget $ 158,169,385 $ 149,986,447 $ (8,182,938) -5% 47 BOARD OF TRUSTEES Rate Commission Internal Auditor Board of Trustees Civil Service Commission Secretary -Treasurer Executive Director j---General Counsel Board of Trustees Human Resources Finance Information Systems Engineering Operations 48 Metropolitan St, Louis Sewer District Fiscal 2011 Budget 010 Board of Trustees 0107 Board Member Fees Total Personnel Services Original Budget FY 2010 2,700 $2,700 Total Supplies $0 0418 Courier and Freight Total Contractual Services 100 $100 Total Board of Trustees $2,800 REVISED \ BUDGET FY 2011 2,700 $2,700 $0 100 $100 $2,800 J SChange %Change 0 0.00% $0 0.00% $0 0.00°% 0 0.00% $0 0.00% $0 0.00% 49 CofBoard Trust:, Rate Commission ast Internal Auditor Civil Service Commission Executive Director General Counsel Secretary -Treasurer I Human Resources Finance Information Systems Engineering RATE COMMISSION Operations Rate Commission 50 Metropolitan St Louis Sewer District Fiscal 2011 Budget 014 Rate Commission 0232 Office Supplies 0239 Administrative Supplies Total Supplies 0405 Office System Services 0406 Printing Services 0408 Advertising Services 0410 Travel Expenses 0418 Courier and Freight 0419 Property & Other Space Rental 0452 Professional Services Total Contractual Services Total Rate Commission Original Budget FY 2010 150 550 $700 32,000 1,000 125,000 1,025 400 1,025 300,000 $460,450 $461,150 REVISED BUDGET FY 2011 150 550 $700 32,000 1,000 125,000 1,025 400 1,025 300,000 $460,450 $461,150 J $ Change % Change 0 0.00% 0 0.00% $0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0,00% $0 0.90% $0 0.00% 51 Rate Commission Internal Auditor Board \ of Trustees , Civil Service Commission Secretary -Treasurer Executive Director General Counsel Human Resources Finance Information Systems Engineering Elections SECRETARY - TREASURER Operations Secretary -Treasurer District Secretary Treasurer Audit Work 52 Metropolitan St Louis Sewer District Fiscal 2011 Budget Original 011 Secretary -Treasurer Budget FY 2010 0101 Salaries & Wages 488,544 0112 Membership & Licensing Fees 1,370 0121 FICA Taxes 34,834 0122 Group Insurance 53,641 0123 Pension Contribution 82,800 Total Personnel Services $661,189 0232 Office Supplies 4,297 0238 Publications & Training Supplies 3,195 0239 Administrative Supplies 2,761 Total Supplies $10,253 0327 Telephone Usage Total Utilities 1,356 $1,356 0401 Postage 164 0405 Office System Services 30,940 0406 Printing Services 500 0408 Advertising Services 15,503 0410 Travel Expenses 5,830 0414 Training Programs & Seminar Fees 7,870 0416 Data Imaging Services 2,500 0418 Courier and Freight 3,332 0419 Property & Other Space Rental 6,365 0436 Banking Services 183,950 0452 Professional Services 1,014,013 0467 Other Govemmental Fees 5,305 Total Contractual Services $1,276,272 0509 Furniture & Office Equipment 3,530 0511 Computer Equipment 2,150 Total Capital Outlay $5,680 Total Secretary•Treasurer $1,954,750 REVISED 1 BUDGET FY 2011 406,596 1,370 28,570 47,497 82,800 $566,833 4,297 3,195 2,761 $10,253 1,356 $1,356 164 30,940 500 20,503 3,930 6,370 2,500 3,332 6,365 163,950 984,013 5,305 81,227,872 3,530 2,150 $5,680 $1,811,994 $Change %Change ($81,948) (16.77%) 0 0.00% (6,264) (17.98%) (6,144) (11.45%) 0 0.00% ($94,356) (14.27%) 0 0.00% 0 0.00% 0 0.00% $0 0.00% 0 0.00% $0 0.00% $0 0.00% 0 0.00% 0 0.00% 5,000 32.25% (1,900) (32.59%) (1,500) (19.06%) 0 0.00% 0 0.00% 0 0.00% (20,000) (10.87%) (30,000) (2.96%) 0 0.00% ($48,400) (3.79%) 0 0.00% 0 0.00% $0 0.00% ($142,756) (7,30%) 53 Board �of Trustees / Rate Commission Internal Auditor General Counsel Civil Service Commission Secretary -Treasurer Executive Director Human Resources Finance Information Systems Engineering CIVIL SERVICE Operations Civil Service Commission Metropolitan St Louis Sewer District Fiscal 2011 Budget 020 Civil Service Commission Origrial Budget FY 2010 0109 Civil Service Commission Fees 2,750 Total Personnel Services $2,750 0452 Professional Services Total Contractual Services 6,000 $6,000 Total Civil Service Commission $8,750 REVISED \ BUDGET FY 2011 2,750 $2,750 6,000 $6,000 $8,750 i $Change %Change 0 0.00% $0 0.00% 0 0.00% $0 0.00% $0 0.00% 55 Human Resources Rate Commission Internal Auditor Board of Trustees Civil Service Commission General Counsel Finance Executive Director Secretary -Treasurer Information Systems Engineering EXEC T VL DIRECTOR Operations Executive Director District Administration Public Information 56 Metropolitan St Louis Sewer District Fiscal 2011 Budget Original 030 Executive Director Budget FY 2010 0101 Salaries & Wages 390,960 0110 Employee Service & Incentive Awards 11,750 0112 Membership & Licensing Fees 85,785 0121 FICA Taxes 24,070 0122 Group Insurance 27,426 0123 Pension Contribution 66,276 0151 Temporary Help 35,490 Total Personnel Services $641,757 0215 Plumbing Supplies 160,000 0232 Office Supplies 1,700 0233 Computer Supplies 250 0237 Photo & Video Supplies 1,000 0238 Publications & Training Supplies 1,500 0239 Administrative Supplies 11,200 Total Supplies $175,650 0327 Telephone Usage 300 Total Utilities $300 0405 Office System Services 350 0406 Printing Services 7,500 0408 Advertising Services 7,500 0410 Travel Expenses 14,550 0412 Photo Services 4,000 0414 Training Programs & Seminar Fees 3,300 0418 Courier and Freight 700 0419 Property & Other Space Rental 3,000 0452 Professional Services 175,000 0458 Equipment Rental 3,750 0471 Community Outreach Programs 25,000 Total Contractual Services $244,650 Total Capital Outlay $0 Total Executive Director $1,062,357 REVISED BUDGET FY 2011 390,960 11,750 85,765 24,070 27,426 66,276 35,490 $641,757 0 1,700 250 1,000 1,500 11,200 $15,650 300 $300 350 7,500 2,500 14,550 4,000 3,300 700 3,000 125,000 3,750 10,000 $174,650 $0 $832,357 $Change %Change $0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% $0 0.00% (160,000) (100.00%) 0 0.00°% 0 0.00°% 0 0.00% 0 0.00% 0 0.00% ($160,000) (91.09%) 0 0.00°% $0 0.00% 0 0.00% 0 0.00°% (5,000) (66.67%) 0 0.00°% 0 0.00% 0 0.00% 0 0,00% 0 0.00% (50,000) (28.57%) 0 0.00% (15,000) (60.00%) ($70,000) (28.61°%) $0 0.00% ($230,000) (21.65%) 57 Human Resources Cof Board \ Trustee Rate Commission LLIInternal Civil Service Commission Seaetary-Treasurer I Executive Director General Counsel Finance Information Systems Engineering Operations GENERAL COUNSEL General Counsel Legal Litigation and Legal Administration Claims Collections 58 Metropolitan St Louis Sewer District Fiscal2011 Budget 055 General Counsel 0101 Salaries & Wages 0102 Overtime 0112 Membership & Licensing Fees 0121 FICA Taxes 0122 Group Insurance 0123 Pension Contribution Total Personnel Services 0232 Office Supplies 0233 Computer Supplies 0237 Photo &Video Supplies 0238 Publications & Training Supplies 0239 Administrative Supplies Total Supplies 0327 Telephone Usage Total Utilities 0405 Office System Services 0408 Advertising Services 0410 Travel Expenses 0414 Training Programs & Seminar Fees 0418 Courier and Freight 0419 Property & Other Space Rental 0440 Judgments & Claims Settlements 0442 Court Costs & Lien Fees 0452 Professional Services Total Contractual Services Total Capital Outlay Total General Counsel Original Budget FY 2010 588,852 3,000 4,945 39,999 47,999 99,792 $784,587 6,100 4,500 200 57,100 2,000 $69,900 400 $400 5,000 500 9,500 11,800 4,500 1,600 400,000 42,000 3,819,150 $4,294,050 $0 $5,148,937 i REVISED 1 BUDGET FY 2011 588,852 3,000 4,945 39,999 47,999 99,792 $784,587 6,100 4,500 200 57,100 2,000 $69,900 400 $400 5,000 500 9,500 11,800 4,500 1,600 200,000 42,000 3.419,150 $3,694,050 $0 $4,548,937 $Change %Change $0 0.00% 0 0.00% 0 0.00% 0 0.00°% 0 0.00% 0 0.00°% $0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% $0 0.00% 0 0.00% $0 0.00% 0 0.00% 0 0.00% 0 0.00°% 0 0.00% 0 0.00% 0 0.00% (200,000) (50,00%) 0 0.00% (400,000) (10.47%) ($600,000) (13.97%) $0 0.00% ($600,000) (11.65°Ao) 59 rBoard �of Trustees Rate Commission Internal Auditor General Counsel Civil Service Commission Secretary -Treasurer Executive Director Human Resources Finance Information Systems r 1 Engineering HUMAN RESOURCES Operations Director of Human Resources Employment and Classification Training Employee Benefits Diversity Risk Management 60 Metropolitan St Louis Sewer District Fiscal2011 Budget 025 Human Resources 0101 Salaries & Wages 0102 Overtime 0103 Compensatory pay accrual 0104 Retiree Sick leave accrual 0105 Vacation accrual 0108 Floating Holiday Accrual 0110 Employee Service & Incentive Awards 0111 Workers' Compensation Settlements 0112 Membership & Licensing Fees 0113 Education Assistance Program 0121 FICA Taxes 0122 Group Insurance 0123 Pension Contribution 0124 Unemployment Insurance 0125 Second Injury InsurancelTax 0130 OPEB Total Personnel Services 0209 Electncal Supplies 0217 Safety Supplies 0228 Uniforms 0230 Safety Shoes 0231 Telephone/Comm. Equip.& Supplies 0232 Office Supplies 0233 Computer Supplies 0237 Photo & Video Supplies 0238 Publications & Training Supplies 0239 Administrative Supplies Total Supplies 0327 Telephone Usage Total Utilities 0401 Postage 0405 Office System Services 0406 Printing Services 0408 Advertising Services 0410 Travel Expenses 0413 Bond & Liability Insurance 0414 Training Programs & Seminar Fees Original Budget FY 2010 1,570,416 19,500 48,000 825,000 600,000 24,000 57,269 480,000 17,330 301,000 168,917 755,852 266,184 30,000 120,000 1,381,600 $6,665,068 50 3,600 80 1,200 100 11,345 13,000 2,100 30,680 10,560 $72,915 4,300 $4,300 200 3,880 2,500 63,000 13,012 3,035,351 354,650 REVISED BUDGET FY 2011 1,522,368 19,500 48,000 825,000 600,000 24,000 57,269 480,000 17,330 301,000 165.245 743,298 266,184 30,000 120,000 1,381,600 $6,600.794 50 3,800 80 1,200 100 11,345 13,000 2,100 17,680 10,560 $59,915 4,300 $4,300 200 3,880 2,500 27,000 13,012 2,835,351 215,150 $Change %Change ($48,048) (3.06%) 0 0,00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0,00% 0 0.00% 0 0,00% 0 0.00% (3,672) (2.17%) (12,554) (1.66%) 0 0.00% 0 0.00% 0 0.00% 0 0.00% ($64.274) (0.96%) 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% (13,000) (42.37%) 0 0.00% ($13,000) (1783%) 0 0.00% $0 0.00% $0 0.00 0 0.00% 0 0.00% (36,000) (57,14%) 0 0.00% (200,000) (6.59%) (139,500) (39.33%) 61 Metropolitan St, Louis Sewer District Fiscal 2011 Budget Original 025 Human Resources Budget FY 2010 0416 Data Imaging Seances 5,400 0418 Couner and Freight 1,118 0419 Property & Other Space Rental 3,300 0439 Hospital and Medical Services 565,709 0440 Judgments & Claims Settlements 480,000 0452 Professional Services 528,760 0453 Building Repairs & Services 67,080 0469 Safety Services 5,600 0471 Community Outreach Programs 2,100 Total Contractual Services $5,131,660 0508 Instruments & Apparatus 1,500 0511 Computer Equipment 4,400 Total Capital Outlay $5,900 Total Human Resources $11,879,843 i REVISED 1 BUDGET FY 2011 5,400 1,118 3,300 565,709 380,000 511,760 67,080 5,600 2,100 $4,639,160 1,500 3,050 $4,550 $11,308,719 $Change %Change 0 0.00% 0 0.00°% 0 0.00°% 0 0.00% (100,000) (20.83%) (17,000) (3.22%) 0 0.00% 0 0.00% 0 0.00% ($492,500) (9.60%) 0 0.00% (1,350) (30.68%) ($1,350) (22.88°%) ($571,124) (4.81%) 62 Human Resources Rate Commission Internal Auditor General Counsel Finance Board of Trustees Civil Service Commission Secretary -Treasurer Executive Director Information Systems Engineering FINANCE Operations Director of Finance Accounting Purchasing Accounts Receivable Metropolitan St Louis Sewer District Fiscal 2011 Budget Original 040 Finance Budget FY 2010 0101 Salaries & Wages 3,374,196 0102 Overtime 110,652 0112 Membership & Licensing Fees 4,193 0121 FICA Taxes 262,571 0122 Group Insurance 481,114 0123 Pension Contribution 571,884 0151 Temporary Help 221,432 Total Personnel Services $5,026,042 0203 Machinery & Equipment Parts 500 0207 Hardware 300 0209 Electrical Supplies 225 0217 Safety Supplies 300 0222 Janitorial Supplies 225 0228 Uniforms 1,736 0230 Safety Shoes 1,430 0232 Office Supplies 61,060 0233 Computer Supplies 1,570 0238 Publications & Training Supplies 3,646 0239 Administrative Supplies 5,385 Total Supplies $76,377 0327 Telephone Usage 2,040 Total Utilities $2,040 0401 Postage 2,115,784 0405 Office System Services 15,910 0406 Printing Services 384,986 0408 Advertising Services 100,100 0410 Travel Expenses 8,813 0414 Training Programs & Seminar Fees 20,315 0416 Data Imaging Services 12,210 0418 Courier and Freight 27,720 0419 Property & Other Space Rental 19,303 0435 Lock Box Services 711,996 0442 Court Costs & Lien Fees 2,094,552 0445 Collection Services 4,251,552 0447 Water Agency Data Services 482,520 0452 Professional Services 3,517,158 Total Contractual Services $13,762,919 l REVISED 1 BUDGET FY 2011 3,114,372 36,964 4,193 242,687 443,281 571.884 122,369 $4,535.770 0 300 225 0 0 1,736 1,430 61,060 1,570 3,646 5,385 $75,352 2,040 $2,040 1,889,245 15,910 358,506 97,500 7,138 12,690 12,210 27,720 19,303 678,845 368,116 4,058,824 482,520 3,244,001 $11,272,528 $Change %Change ($259,824) (7.70%) (73,668) (66.58%) 0 0.00% (19,884) (7.57N (37,833) (7.86%) 0 0.00% (99,063) (44.74%) ($490,272) (9.75%) (500) (100.00°%) 0 0.00% 0 0.00% (300) (100.00%) (225) (100.00%) 0 0.00% 0 0,00% 0 0.00% 0 0.00% 0 0,00% 0 0.00% ($1,025) (1,34%) 0 0.00% $0 0.00% ($226,539) (10,71%) 0 0.00% (26,480) (6.88%) (2,600) (2.60%) (1,675) (19.01%) (7,625) (37.53%) 0 0.00% 0 0.00% 0 0.00% (33,151) (4.66%) (1,726,436) (82.43%) (192,728) (4.53%) 0 0.00% (273,157) (7.77%) ($2,490,391) (18.09°%) 64 Metropolitan St. Louis Sewer District Fiscal 2011 Budget 040 Finance Original Budget FY 2010 0509 Furniture & Office Equipment 1,400 0511 Computer Equipment 3,500 Total CapitalOutlay $4,900 Total Finance $18,872,278 REVISED BUDGET FY 2011 1,400 3,500 $4,900 $15,890,590 $Change %Change 0 0.00% 0 0.00% $0 0,00% ($2,961,688) (15.80%) 65 Human Resources Rate Commission Intemal Auditor General Counsel Finance Board of Trustees Civil Service Commission Secretary -Treasurer Executive Director Information Systems Engineering ES Retooling INFORMATION SYSTEMS Operations Director of Information Systems Business Integration Application Services Technical Services 66 Metropolitan St Louis Sewer District Fiscal 2011 Budget 045 Information Systems 0101 Salaries & Wages 0102 Overtime 0112 Membership & Licensing Fees 0121 FICA Taxes 0122 Group Insurance 0123 Pension Contribution 0151 Temporary Help Total Personnel Services 0209 Electrical Supplies 0230 Safety Shoes 0231 Telephone/Comm. Equip.& Supplies 0232 Office Supplies 0233 Computer Supplies 0238 Publications & Training Supplies 0239 Administrative Supplies Total Supplies 0327 Telephone Usage Total Utilities 0405 Office System Services 0408 Advertising Services 0410 Travel Expenses 0414 Training Programs & Seminar Fees 0418 Courier and Freight 0419 Property & Other Space Rental 0452 Professional Services 0453 Building Repairs & Services 0465 Waste Hauling Total Contractual Services 0508 Instruments & Apparatus 0511 Computer Equipment Total Capital Outlay Original / REVISED \ Budget BUDGET FY 2010 FY 2011 3,238,848 3,007,464 12,000 12,000 979 979 246,991 229,303 305,092 277,685 548,904 548,904 2,853,875 2,853,875 $7,206,689 $6,930,210 4,000 200 7,879 8,150 183,404 20,840 3,900 $228,373 552,596 $552,596 2,479,693 3,688 38,500 95,634 200 77,200 23,950 7,880 2,100 $2,728,845 2,000 402,630 $404,630 Total Information Systems $11,121,133 4,000 200 7,879 8,150 109,484 19,390 3,900 $153,003 502,596 $502,596 2,090,693 3,688 28,500 77,634 200 15,200 23,950 7,880 2,100 $2,249,845 2,000 240,280 $242,280 $10,077,934 SChange %Change ($231,384) (7.14%) 0 0.00°% 0 0.00% (17,688) (7.16%) (27,407) (8.98%) 0 0.00% 0 0.00% ($276,479) (3.84%) 0 0.00% 0 0.00% 0 0.00% 0 0.00% (73,920) (40.30%) (1,450) (6.96%) 0 0.00% ($75,370) (33,00%) (50,000) (9,05%) ($50,000) (9.05°%) (389,000) (15.69%) 0 0.00% (10,000) (25.97%) (18,000) (18.82%) 0 0.00% (62,000) (80.31%) 0 0,00% 0 0.00% 0 0,00% ($479,000) (17.55%) 0 0.00% (162,350) (40.32%) ($162,350) (40.12%) ($1,043,199) (9.38%) 67 Board �of Trustees , Rate Commission Internal Auditor Civil Service Commission Secretary -Treasurer Executive Director General Counsel Human Resources Finance Information Systems Engineering ENGINEERING Operations Director of Engineering Design Planning Program Management Environmental Compliance fiB Metropolitan St. Louis Sewer District Fiscal2011 Budget Original 080 Engineering Budget FY 2010 0101 Salaries & Wages 14,897,884 0102 Overtime 120,660 0110 Employee Service & Incentive Awards 14,000 0112 Membership & Licensing Fees 25,792 0121 FICA Taxes 1,137,764 0122 Group Insurance 1,780,455 0123 Pension Contribution 2,515,932 0151 Temporary Help 40,000 Total Personnel Services $20,532,487 0201 Fuels, Lubricants, Gases 10,850 0203 Machinery & Equipment Parts 6,500 0204 Non-CapitalAuziliary Equipment 31,150 0205 Construction & Building Supplies 8,600 0207 Hardware 1,100 0208 Hose & Rubber Supplies 1,685 0209 Eleddcal Supplies 5,560 0210 Instrument Supplies 15,905 0211 Chemical Supplies 77,128 0212 Laboratory Supplies 133,402 0213 Engineering & Drafting Supplies 4,750 0216 Paint Supplies 300 0217 Safety Supplies 10,449 0222 Janitorial Supplies 6,050 0224 Hand Tools 2,590 0228 Uniforms 13,854 0230 Safety Shoes 20,300 0231 Telephone/Comm. Equip.& Supplies 1,295 0232 Office Supplies 56,000 0233 Computer Supplies 33,960 0234 Non -Capital Computer Equipment 9,399 0237 Photo & Video Supplies 1,750 0238 Publications & Training Supplies 8,610 0239 Administrative Supplies 3,760 0240 Non -Capital Office Equipment 4,450 Total Supplies $469,397 0306 Electric Usage 2,100 0307 Natural Gas Usage 900 0327 Telephone Usage 44,314 REVISED BUDGET FY 2011 14,662,144 120,660 5,000 25,792 1,119,740 1,748,454 2,515,932 40,000 $20,237,722 10,850 6,500 31,150 8,600 1,100 1,685 5,560 15,905 77,128 133,402 4,750 300 10,449 6,050 2,590 13,854 20,300 1,295 56,000 33,960 9,399 1,750 8,610 3,760 4,450 $469,397 2,100 900 44,314 SChange %Change ($235,740) (1.58%) 0 0.00% (9,000) (64.29%) 0 0,00°% (18,024) (1.58%) (32,001) (1.80%) 0 0.00°% 0 0.00% ($294,765) (1.44%) $0 0.00% 0 0.00°% 0 0.00% 0 0.00% 0 0.00% 0 0.00°% 0 0.00°4 0 0.00% 0 0.00°% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00°% 0 0.00% 0 0.00% 0 0.00°% $0 0,00% $0 0.00% 0 0.00% 0 0.00% 69 Metropolitan St Louis Sewer District Fiscal2011 Budget 080 Engineering Original Budget FY2010 Total Utilities $47,314 0405 Office System Services 11,100 0406 Printing Services 54,675 0408 Advertising Services 24,000 0410 Travel Expenses 221,032 0412 Photo Services 13,250 0414 Training Programs & Seminar Fees 72,700 0416 Data Imaging Services 85,000 0418 Courier and Freight 2,200 0419 Property & Other Space Rental 58,500 0442 Court Costs & Lien Fees 6,600 0444 Easement Acquisition Fees 10,000 0452 Professional Services 290,000 0453 Building Repairs & Services 2,800 0454 Janitorial Services 42,840 0457 Machinery & Equipment Services 300 0458 Equipment Rental 3,600 0461 Instrument Repair Services 73,720 0463 HVAC Services 5,000 0464 Damage Repairs and Services 2,000 0465 Waste Hauling 12,760 0467 Other Governmental Fees 14,450 0468 Laboratory Testing Services 23,000 0469 Safety Services 450 0471 Community Outreach Programs 22,500 0472 Tree RemovalNdeed Spraying 4,000 Total Contractual Services $1,056,477 0507 Machinery & Implements 0508 Instruments & Apparatus 0509 Furniture & Office Equipment 0511 Computer Equipment Total Capital Outlay Total Engineering 1,000 44,000 6,000 13,200 $64,200 $22,169,875 ( REVISED \ BUDGET FY 2011 147,314 11,100 54,675 24,000 221,032 13,250 72,700 85,000 2,200 58,500 6,600 10,000 165,000 2,800 42,840 300 3,600 73,720 100 2,000 12,760 14,450 23,000 450 22,500 4,000 $926,577 1,000 44,000 100 9,200 $54,300 $21,735,310 $Change %Change $0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00°% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% (125,000) (43,10%) 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% (4,900) (98,00%) 0 0,00% 0 0.00% 0 0.00% 0 0,00% 0 0.00% 0 0.00% 0 0,00% ($129,900) (12,30%) 0 0.00% 0 0.00% (5,900) (98,33%) (4,000) (30.30°4) ($9,900) (15.42°%) ($434,565) (1.96%) 70 Rate Commission Internal Auditor 1 Board of Trustees Civil Service Commission Secretary -Treasure] Executive Director LimmiGeneralunsel Human Resources Finance Information Systems Engineering OPERATONF.3 Operations Director of Operations Support Mintert Grand Glaize Sulphur Yard Services Yard Yard GaragelShops Lemay Bissell County Treatment & Treatment & Treatment & Pump Pump Pump 71 Metropolitan St Louis Sewer District Fiscal2011 Budget 060 Operations 0101 Salaries & Wages 0102 Overtime 0110 Employee Service & Incentive Awards 0112 Membership & Licensing fees 0121 FICA Taxes 0122 Group Insurance 0123 Pension Contribution Total Personnel Services 0201 Fuels, Lubricants. Gases 0202 Motor Vehicle Parts & Equipment 0203 Machinery & Equipment Parts 0204 Non -Capital Auxiliary Equipment 0205 Construction & Building Supplies 0207 Hardware 0208 Hose & Rubber Supplies 0209 Electrical Supplies 0210 Instrument Supplies 0211 Chemical Supplies 0212 Laboratory Supplies 0215 Plumbing Supplies 0216 Paint Supplies 0217 Safety Supplies 0222 Janitorial Supplies 0224 Hand Tools 0228 Uniforms 0230 Safety Shoes 0231 TelephonelComm. Equip.& Supplies 0232 Office Supplies 0233 Computer Supplies 0234 Non -Capital Computer Equipment 0236 Grounds Supplies 0237 Photo & Video Supplies 0238 Publications & Training Supplies 0239 Administrative Supplies 0240 Non -Capital Office Equipment Total Supplies 0306 Electric Usage 0307 Natural Gas Usage Original Budget FY 2010 31,459,129 2,453,006 78,200 134,582 2,588,992 4,489,312 5,210,136 $46,413,357 1,143,227 340,460 2,594,221 5,500 2,265,810 94,342 233,125 725,292 732,636 1,868,624 4,150 282,134 46,368 336,589 133,217 334,610 309,344 166,905 15,970 35,196 37,265 7,400 26,100 2,660 9,249 7,896 2,500 $11,700,790 9,805,480 2,932,739 REVISED \ BUDGET FY 2011 30,845,977 2,042,006 5,380 134,582 2,542,132 4,401,538 5,210,136 $45,181,751 1,064,227 315,460 2,572,221 5,500 2,005,810 94,342 209,125 738,292 724,636 1,805,624 4,150 269,634 46,368 303,589 133,217 311,110 307,344 106,905 15,970 35,196 36,265 7,400 25,100 2,660 9,249 7,896 2,500 $11,159,790 9,785,480 2,897,739 $Change %Change ($613,152) (1.95%) (411,000) (16.75%) (72,820) (93.12%) 0 0.00% (46,860) (1.81%) (87,774) (1,96%) 0 0.00% ($1,231,606) (2.65%) ($79,000) (6.91%) (25,000) (7.34%) (22,000) (0.85%) 0 0.00% (260,000) (11,47%) 0 0.00% (24,000) (10,29%) 13,000 1,79% (8,000) (1.09%) (63,000) (3.37%) 0 0.00% (12,500) (4.43°%) 0 0.00% (33,000) (9.80%) 0 0.00°% (23,500) (7.02%) (2,000) (0.65%) 0 0.00% 0 0.00% 0 0.00% (1,000) (2.68%) 0 0.00% (1,000) (3.83%) 0 0.00°% 0 0.00% 0 0.00% 0 0.00°% ($541,000) (4.62%) ($20,000) (0.20°%) (35,000) (1.19%) 72 Metropolitan St, Louis Sewer District Fiscal 2011 Budget 060 Operations 0308 Water Usage 0327 Telephone Usage Total Utilities 0401 Postage 0405 Office System Services 0406 Printing Services 0410 Travel Expenses 0412 Photo Services 0414 Training Programs & Seminar Fees 0418 Courier and Freight 0419 Property & Other Space Rental 0452 Professional Services 0453 Building Repairs & Services 0454 Janitorial Services 0455 Grounds Services 0456 Motor Vehicle Services 0457 Machinery & Equipment Services 0458 Equipment Rental 0459 Sewer Repair and Structure Cleaning 0460 Electrical Repair Services 0461 Instrument Repair Services 0462 Plumbing Services 0463 HVAC Services 0464 Damage Repairs and Services 0465 Waste Hauling 0466 Ash Hauling 0467 Other Govemmental Fees 0468 Laboratory Testing Services 0469 Safety Services 0470 Asbestos Removal Services 0472 Tree RemovallWeed Spraying Total Contractual Services 0503 Structural Improvements 0504 Processing Equipment 0505 Auxiliary Equipment 0506 Motor Vehicles 0507 Machinery & Implements 0508 Instruments & Apparatus Original Budget FY 2010 485,826 312,790 $13,536,835 540 13,570 7,960 50,956 60 69,060 101,609 12,705 7,500 1,090,194 1,150,580 554,887 250,050 1,865,944 328,982 942,820 426,427 242,806 117,540 409,940 25,900 1,827,774 448,000 647,676 7,350 68,750 11,000 308,600 $10,989,580 100,000 419,600 15,000 1,430,000 715,500 115,100 REVISED BUDGET FY 2011 481,826 311,790 $13,476,835 540 11,570 6,960 43,956 60 55,560 96,609 12,705 7,500 1,020,194 1,135,580 544,887 230,050 1,790,944 268,982 1,308,820 419,427 242,806 115,440 398,940 25,900 1,737,774 448,000 637,676 7,350 68,750 11,000 248,600 $10,896,580 100,000 419,600 15,000 1,110,000 785,500 115,100 $Change %Change (4,000) (0.82%) (1,000) (0.32%) ($60,000) (0.44%) $0 0.00% (2,000) (14.74%) (1,000) (12.56%) (7,000) (13.74%) 0 0.00°% (13,500) (19.55%) (5,000) (4.92%) 0 0.00% 0 0.00% (70,000) (6.42%) (15,000) (1.30%) (10,000) (1.80%) (20.000) (8.00%) (75,000) (4.02%) (60,000) (18.24%) 366,000 38.82% (7,000) (1.64%) 0 0.00% (2,500) (2.12%) (11,000) (2.68%) 0 0.00% (90,000) (4.92%) 0 0.00% (10,000) (1.54%) 0 0.00% 0 0.00°% 0 0.00% (60,000) (19.44%) ($93,000) (0.85%) $0 0.00% 0 0.00% 0 0.00% (320,000) (22.38%) 70,000 9.78% 0 0.00% 73 Metropolitan St, Louis Sewer District Fiscal 2011 Budget 060 Operations 0509 Furniture & Office Equipment 0511 Computer Equipment Total Capital Outlay Original Budget FY 2010 17,750 34,000 $2,846,950 Total Operations $85,487,512 REVISED BUDGET FY 2011 13,750 34,000 $2,592,950 $83,307,906 � J $Change %Change (4,000) (22.54%) 0 0.00% ($254,000) (8.92%) ($2,179,606) (2.55%) 74 REVISED BUDGET ORDINANCE Fiscal Year 2011 Revenue: Appropriations Fund Transfers: Wastewater Revenue Fund S 213,840,455 Stormwater Revenue Fund 4,910,436 Transfers from Wastewater Revenue Fund: Total Revenue Funds $ 218,750,891 General Fund E 123,420,455 Appropriations: Sanitary Replacement Fund 43,686,000 Operating Budget: Emergency Fund 500,000 General Fund Water Backup Insurance & Reimbursement Fund 3,000,000 Board of Trustees $ 2,800 Improvement Fund 1,269,000 Rate Commission 461,150 Debt Service Funds 41,965,000 Civil Service Commission 8,750 Total Wastewater Revenue Transfers 5 213,840,455 Secretary - Treasurer 1,811,994 Executive Director 832,357 Transfers from Stormwater Revenue fund: General Counsel 4,548,937 General Fund $ 4,910,436 Human Resources 11,308,719 Stormwater Replacement Fund Finance 15,890,590 Improvement Fund Information Systems 10,077,934 Total Stormwater Revenue Transfers $ 4,910,436 Engineering 21,735,310 Operations 83,307,906 Total Fund Transfers $ 218,750,891 Total General Fund $ 149,986,447 Real Property Improvements & Alterations Fund $ 1,081,000 Water Backup Insurance & Reimbursement Fund 4,000,000 Total Operating Budget $ 155,067,447 Emergency Fund S 250,000 Debt Service Fund 42,234,000 Total Appropriations $ 197,551,447 75 PROPOSED REVISED FY2011 BUDGET ORDINANCE AN ORDINANCE making appropriations for current expenses of the District, in the General Fund, the Real Property Improvements & Alterations Fund, the Water Backup Insurance & Reimbursement Fund, the Emergency Fund, the Wastewater Revenue Bond Service Fund for the fiscal year beginning July 1, 2010 and ending June 30, 2011, amounting in the aggregate of One Hundred Ninety-seven Million Five Hundred Fifty-one thousand Four Hundred Forty-seven dollars ($197,551,447), to pay interest falling due on bonds issued, the costs of support, operation, and maintenance of the District and its various Subdistricts, and emergencies. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST, LOUIS SEWER DISTRICT: Section One — Wastewater Revenue Fund. The total dollars collected in the Wastewater Revenue Fund is estimated to be Two Hundred Thirteen Million Eight Hundred Forty Thousand Four Hundred Fifty five Dollars ($213,840,455) and is hereby transferred from the Wastewater Revenue Fund to the General Fund of the District for the support, operation and maintenance of several departments, Board, Civil Service Commission, the Real Property Improvements & Alterations Fund, the Water Backup Insurance & Reimbursement Fund, the Emergency Fund, the Wastewater Revenue Bond Service Fund and the Improvement Fund for other lawful activities of the District including the payment of interest and prinapal falling due on bonds issued for the fiscal year beginning July 1, 2010 and ending June 30, 2011. Section Two — Stormwater Revenue Fund. The total dollars collected in the Stormwater Revenue Fund is estimated to be Four Million Nine Hundred Ten Thousand Four Hundred Thirty six dollars ($4,910,436) and is hereby transferred from the Stormwater Revenue Fund to the General Fund of the District for the support, operation and maintenance of several departments, Board, Civil Service Commission, the Stormwater Replacement Fund and the Improvement Fund for other lawful activities of the District for the fiscal year beginning July 1, 2010, and ending June 30, 2011. Section Three — General Fund. There is hereby transferred from the Wastewater Revenue Fund the sum of One Hundred Twenty three Million Four Hundred Twenty Thousand Four Hundred Fifty five Dollars ($123,420,455); from the Stormwater Revenue Fund the sum of Four Million Nine Hundred Ten Thousand dollars ($4,910,436); from the Water Back-up Fund the sum of One Million dollars ($1,000,000); from the Emergency Fund the sum of One Million dollars ($1,000,000); and from the Real Property Improvements and Alterations Fund the sum of One Million dollars ($1,000,000) to the General Fund. There is hereby appropriated and set apart out of the General Fund of the District the sum of One Hundred Forty-nine Million Nine Hundred Eighty-six Thousand Four Hundred Forty-seven dollars ($149,986,447) for the support, operation and maintenance of several departments, Board, Civil Service Commission, and other lawful activities of the District for the fiscal year beginning July 1, 2010, and ending June 30, 2011 as hereinafter detailed. Departments: 1. Board of Trustees 2. Rate Commission 3, Civil Service Commission 4. Secretary -Treasurer 5, Executive Director 6. General Counsel 7. Human Resources 8. Finance 9. Information Systems 10. Engineering 11. Operations DISTRICT GENERAL FUND BUDGET TOTAL $ 2,800 461,150 8,750 1,811,994 832,357 4,548,937 11,308,719 15,890,590 10,077,934 21,735,310 83,307,906 $ 149,986,447 76 Section Four — Real Property Improvements & Alterations Fund. There is hereby appropriated and set apart out of the Real Property Improvements & Alterations Fund of the District the sum of One Million Eighty-one Thousand dollars ($1,081,000) for the support, operation and maintenance of the headquarters building and other facilities of the District for the fiscal year beginning July 1, 2010, and ending June 30, 2011. Section Five —Water Backup Insurance & Reimbursement Fund. For the purpose of providing water backup insurance and reimbursement for basement backups, there is hereby transferred from the Wastewater Revenue Fund the sum of Three Million dollars ($3,000,000) to the Water Backup Insurance and Reimbursement Fund. There is hereby appropriated and set apart out of the Water Backup Insurance and Reimbursement Fund the sum of Four Million Dollars ($4,000,000). Section Six — Sanitary Replacement Fund. For the purpose of meeting the costs of repairing, rehabilitating and replacing the Districts Wastewater System, there is hereby transferred from the Wastewater Revenue Fund to the Sanitary Replacement Fund the sum of Forty three Million Six Hundred Eighty six Thousand dollars ($43,686,000). Section Seven — Stormwater Replacement Fund. For the purpose of meeting the costs of repairing, rehabilitating and replacing the Districts Stormwater System, there is hereby transferred from the Stormwater Revenue Fund to the Stormwater Replacement Fund the sum of zero dollars ($0). Section Eight — Emergency Fund. For the purpose of providing for emergency work or repairs requiring prompt attention, there is hereby transferred from the Wastewater Revenue Fund to the Emergency Fund the sum of Five Hundred Thousand Dollars ($500,000). There is hereby appropriated and set apart out of the Emergency Fund the sum of Two Hundred Fifty Thousand Dollars ($250,000) for use by the Executive Director in contracting for emergency work or repairs in accordance with the requirements of Section Three of Ordinance No. 164, as adopted November 4,1957, as amended May 26,1958 by Ordinance No.199 and as amended June 3,1961 by Ordinance No. 569, Section Nine — Improvement Fund. For the purpose of meeting the costs of repairing, rehabilitating and replacing the District's Wastewater System, there is hereby transferred from the Wastewater Revenue Fund to the Improvement Fund the sum of One Million Two Hundred Sixty-nine Thousand dollars ($1,269,000) and from the Stormwater Revenue Fund the sum of zero dollars ($0). DEBT SERVICE Section Ten — Debt Service funds. For the purpose of providing for the support of the Wastewater Revenue Bond Debt Service of the Metropolitan St. Louis Sewer District for the fiscal year beginning July 1, 2010 and ending June 30, 2011, there is hereby transferred from the Wastewater Revenue Fund to the Wastewater Revenue Bond Service Funds the total sum of Forly-one Million Nine Hundred Sixty-five Thousand Dollars ($41,965,000). There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 681 the sum of Thirty-four Million Ten Thousand dollars ($34,010,000) for total District principal and interest falling due on Seven Hundred Twenty-four Million Dollars ($724,000,000) par value outstanding revenue bonds and banking fees relating to the debt. There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 683 the sum of Two Million Nine Hundred Two Thousand dollars ($2,902,000) for total District principal and interest falling due on Seven Hundred Twenty-four Million Dollars ($724,000,000) par value outstanding revenue bonds and banking fees relating to the debt. There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 684 the sum of Three Hundred Forty-four Thousand dollars ($344,000) for principal and interest falling due on Seven Hundred Twenty-four Million Dollars ($724,000,000) par value outstanding revenue bonds and banking fees relating to the debt. There is hereby appropriated and set apart out of the Wastewater Revenue Bond Service Fund Number 686 the sum of Four Million Nine Hundred Seventy-eight Thousand dollars ($4,978,000) for principal and interest falling due on Seven Hundred Twenty-four Million Dollars ($724,000,000) par value outstanding revenue bonds and banking fees relating to the debt. DISTRICT DEBT SERVICE BUDGET TOTAL $ 42,234.000 GRAND TOTAL OF APPROPRIATIONS $197.551.447 77 SUMMARY OF APPROPRIATIONS FISCAL YEAR 2010- 2011 DISTRICT OPERATING BUDGET (GENERAL FUND) $149,986,447 DISTRICT OPERATING BUDGET (REAL PROPERTY IMPROVEMENTS & ALTERATIONS FUND) $1,081,000 DISTRICT OPERATING BUDGET (WATER BACKUP FUND) EMERGENCY WORK OR REPAIRS (EMERGENCY FUND) PRINCIPAL AND INTEREST (DEBT SERVICE FUND) 4,000,000 250,000 42,234,000 TOTAL APPROPRIATED $197.551,447 78 TAXORDINANCE NO.13133 AN ORDINANCE determining the amount of taxes which shall be levied, assessed, and collected in the year 2010 on all taxable tangible property in the District within the corporate limits of the City of St. Louis and St. Louis County, respectively, and in Subdistricts within the corporate limits of St. Louis County as follows: Coldwater Creek Trunk Subdistrict, Gravois Creek Trunk Subdistrict, Malin Creek Tnmk Subdistrict, Watkins Creek Trunk Subdistrict, Subdistrict No. 88 (Fountain Creek), Subdistrict No. 89 (Loretta -Joplin), Benefit Subdistrict No, 111(Marlborough), Subdistrict No. 325 (Paddock Creek), Subdistrict No. 342 (Clayton -Central), Subdistrict No, 366 (University City Branch of River des Peres Stormwater Subdistrict), Subdistrict No. 367 (Deer Creek Stormwater Subdistrict), Subdistrict No. 369 (Sugar Creek), Subdistrict No. 374 (Wedgewood Creek), Subdistrict No. 376 (Black Jack-Dellwood Creek), Subdistrict No. 380 (Upper Paddock Creek), Subdistrict No. 448 (Missouri River - Bonfils), Subdistrict No. 449 (Meramec River Basin - M.S.D. Southwest), Subdistrict No. 453 (Shrewsbury Branch of River des Peres), Subdistrict No, 454 (Seminary Branch of River des Peres), Subdistrict No. 455 (Black Creek), Subdistrict No. 1 of the River des Peres Watershed (Creve Coeur-Frontenac Area), Subdistrict No. 4 of the River des Peres Watershed (North Affton Area), and Subdistrict No. 7 of the River des Peres Watershed (Wellston Area), with an emergency clause. WHEREAS, after notice of hearing as provided in the Charter, and after due consideration of all the statements made and the facts adduced at such hearing, the Board has found that it will be necessary in the calendar year 2010 to levy, assess, and collect taxes on taxable tangible property in the District. NOW, THEREFORE, BE IT ORDADIED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. For the fiscal year beginning July 1, 2010, The Metropolitan St. Louis Sewer District shall levy, assess, and collect taxes on all taxable tangible property within the boundaries of The Metropolitan St. Louis Sewer District, Section Two. For the general administration of The Metropolitan St. Louis Sewer District during the fiscal year beginning July 1, 2010, the amount of taxes which shall be levied, assessed, and collected in the year 2010 on all taxable tangible property within the boundaries of The Metropolitan St. Louis Sewer District shall be Four Million Nine Hundred Three Thousand One Hundred Eleven Dollars ($4,903,111.00), which will be produced by the rate of one point eight cents (.018) per one hundred dollars assessed valuation for residential property, one point eight cents (.018) per one hundred dollars assessed valuation for agricultural property, one point eight cents (.018) per one hundred dollars assessed valuation for commercial property and one point eight cents (.018) per one hundred dollars assessed valuation for personal property, and of which Eight Hundred Thirty-two Thousand Six Hundred Forty-one Dollars ($832,641.00), shall be levied, assessed, and collected on taxable tangible property in said District within the corporate limits of the City of St. Louis, and 79 of which Four Million Seventy Thousand Four Hundred Seventy Dollars ($4,070,470.00), shall be levied, assessed, and collected on taxable tangible property within that part of the corporate limits of St. Louis County lying within said District. Section Three, In The Metropolitan St. Louis Sewer District, for the purposes of operation and maintenance of said existing public stormwater facilities, and for the anticipated tax delinquencies during the fiscal year beginning July 1, 2010, the amount of taxes which shall be levied, assessed, and collected in the year 2010 on all taxable tangible property in said District shall be Nine Million Nine Hundred Eleven Thousand Seven Hundred Forty-nine Dollars ($9,911,749.00), which total sum will be produced by the rate of six point one cents (.061) per one hundred dollars assessed valuation for residential property, six point one cents (.061) per one hundred dollars assessed valuation for agricultural property, six point one cents (.061) per one hundred dollars assessed valuation for commercial property and six point one cents (.061) per one hundred dollars assessed valuation for personal property, and of which total sum Two Million Eight Hundred Twenty-one Thousand Seven Hundred Thirty-one Dollars ($2,821,131.00), shall be levied, assessed, and collected on taxable tangible property in said District within the corporate limits of the City of St. Louis, and of which total sum Seven Million Ninety Thousand Eighteen Dollars ($7,090,018.00), shall be levied, assessed, and collected on taxable tangible property within that part of the corporate limits of St. Louis County lying within the original boundaries of the District, as described in the Charter of the District, and within the areas described in the annexation ordinances listed in District Ordinance No. 3753, adopted April 11,1979. Section Four, The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate !Units of St. Louis County lying within the Coldwater Creek Think Subdistrict, as defined and delineated by District Ordinance No. 3755, adopted April 11,1979, shall be Two Million Thirty-three Thousand One Hundred Seventy-six Dollars ($2,033,176.00), which sum will be produced by the rate of nine point seven cents (.097) per one hundred dollars assessed valuation for residential property, three point one cents (.031) per one hundred dollars assessed valuation for agricultural property, ten cents (.100) per one hundred dollars assessed valuation for commercial property and ten cents (.100) per one hundred dollars assessed valuation for personal property and which sum is required during the fiscal year beginning July 1, 2010. Section Five. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within the Gravois Creek Trunk Subdistrict, as defined and delineated by District Ordinance No. 425, adopted July 14,1960; and as enlarged by annexation thereto of the areas described in District Ordinance No.1235, adopted November 12,1%4; No.1451, adopted January 13,1966; No.1453, adopted January 13,1966; No.1485, adopted May 9,1%6; No.1784, adopted September 12,1%8; No.1884, adopted May 1,1969; No.1907, adopted June 12,1969; No. 2011, adopted March 19,1970; No. 2157, adopted April 22,1971; No. 2175, adopted June 3,1971; No.171, adopted June 3,1971; No. 2191, adopted July 15,1911; No. 2272, adopted March 9,1972; No. 2377, adopted January 26,1973; and No. 2941, adopted October 29, 1975; shall be One Million Three Hundred Seven Thousand Sixty-nine Dollars ($1,307,069.00), which sum will be produced by the rate of seven point five cents (.075) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for agricultural property, seven point eight cents (.078) per one hundred dollars assessed valuation for commercial property and eight point six cents (.086) per one hundred dollars assessed valuation for personal property. 80 Section Six. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within the Maline Creek Trunk Subdistrict, as defined and delineated by District Ordinance No. 26, adopted June 30,1955, and as enlarged by annexation thereto of the area described in District Ordinance No. 1%2, adopted October 30, 1969, shall be Six Hundred Forty-eight Thousand Seven Hundred Eighty-three Dollars ($648,783.00), which sum will be produced by the rate of nine point three cents (.093) per one hundred dollars assessed valuation for residential property, nine point nine cents (.099) per one hundred dollars assessed valuation for agricultural property, eight point eight cents (.088) per one hundred dollars assessed valuation for commercial property and ten cents (.100) per one hundred dollars assessed valuation for personal property. Section Seven. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within the Watkins Creek Trunk Subdistrict, as defined and delineated by District Ordinance No. 1304, adopted April 8, 1965, and as enlarged by annexation thereto of the area described in Ordinance No. 2050, adopted June 18,1970, and Ordinance No. 2236, adopted October 29,1971, shall be One Hundred Sixty-five Thousand Six Hundred Thirty-nine Dollars ($165,639.00), which sum will be produced by the rate of nine point seven cents (.097) per one hundred dollars assessed valuation for residential property, nine point nine cents (.099) per one hundred dollars assessed valuation for agricultural property, nine point nine cents (.099) per one hundred dollars assessed valuation for commercial property and nine point nine cents (.099) per one hundred dollars assessed valuation for personal property. Section Eight. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 88 (Fountain Creek), as defined and delineated by District Ordinance No. 377, adopted March 18,1960, shall be One Hundred Forty two Thousand Five Hundred Fifteen Dollars ($142,515.00), which sum will be produced by the rate of ten cents (.100) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for commercial properly and ten cents (.100) per one hundred dollars assessed valuation for personal property. Section Nine, The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 89 (Loretta -Joplin), as defined and delineated by District Ordinance No. 383, adopted March 31,1960, shall be Twenty-one Thousand Three Hundred Ninety-four Dollars ($21,394.00), which sum will be produced by the rate of seven point one cents (.071) per one hundred dollars assessed valuation for residential property, seven point seven cents (.077) per one hundred dollars assessed valuation for commercial property and nine cents (.090) per one hundred dollars assessed valuation for personal property. Section Ten. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Benefit Subdistrict No. 111(Marlborough), as defined and delineated by District Ordinance No. 441, adopted September 1,1960, shall be Thirty-four Thousand Nine Hundred Five Dollars ($34,905.00), which sum will be produced by the rate of five point three cents (.053) per one hundred dollars assessed valuation for residential property, five point two cents (.052) per one hundred dollars assessed valuation for commercial property and five point eight 81 cents (.058) per one hundred dollars assessed valuation for personal property. Section Eleven. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 325 (Paddock Creek), as defined and delineated by District Ordinance No.1730, adopted March 28,1968, shall be One Hundred Forty-four Thousand Ninety-three Dollars ($144,093.00), which sum will be produced by the rate of eight point eight cents (.088) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for agricultural property, nine point seven cents (.097) per one hundred dollars assessed valuation for commercial property and nine point nine cents (.099) per one hundred dollars assessed valuation for personal property. Section Twelve. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 342 (Clayton -Central), as defined and delineated by District Ordinance No.1882, adopted May 1,1969, shall be Three Hundred Forty-eight Thousand Eight Hundred Eighty- seven Dollars ($348,887.00), which sum will be produced by the rate of eight point seven cents (.087) per one hundred dollars assessed valuation for residential property, nine point one cents (.091) per one hundred dollars assessed valuation for commercial property and nine cents (.090) per one hundred dollars assessed valuation for personal property. Section Thirteen. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 366 (University City Branch of River des Peres Stormwater Subdistrict), as defined and delineated by District Ordinance No. 2146, adopted April 14,1971, shall be Eight Hundred Twelve Thousand Eight Hundred Fifty-eight Dollars ($812,858.00), which sum will be produced by the rate of eight cents (.080) per one hundred dollars assessed valuation for residential property, nine point one cents (.091) per one hundred dollars assessed valuation for commercial property and nine point four cents (.094) per one hundred dollars assessed valuation for personal property. Section Fourteen. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 367 (Deer Creek Stormwater Subdistrict), as defined and delineated by District Ordinance No. 2557, adopted March 27,1974; and as enlarged by annexation thereto of the areas described in District Ordinance No. 2611, adopted June 26,1974, shall be Three Million Three Hundred Fifty Thousand Three Hundred Forty-eight Dollars ($3,350,348,00), which sum will be produced by the rate of eight point one cents (.081) per one hundred dollars assessed valuation for residential property, seven point six cents (.076) per one hundred dollars assessed valuation for agricultural property, eight point two cents (.082) per one hundred dollars assessed valuation for commercial property and nine point three cents (.093) per one hundred dollars assessed valuation for personal property. Section Fifteen. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 369 (Sugar Creek Stormwater Subdistrict), as defined and delineated by District Ordinance No. 2552, adopted March 13,1974, shall be Two Hundred Twenty-six Thousand Four Hundred Forty-nine Dollars ($226,449.00), which sum will be produced by the rate of five point eight cents (.058) per one 82 hundred dollars assessed valuation for residential property, five point one cents (.051) per one hundred dollars assessed valuation for commercial property and six point nine cents (.069) per one hundred dollars assessed valuation for personal property. Section Sixteen. The amounts of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 374 (Wedgewood Creek), as defined and delineated by District Ordinance No. 2128 adopted February 22,1971, shall Forty-six Thousand Nine Hundred Fifty Dollars ($46,950.00), which sum will be produced by the rate of nine point five cents (.095) per one hundred dollars assessed valuation for residential property, eight point five cents (.085) per one hundred dollars assessed valuation for commercial property and ten cents (.100) per one hundred dollars assessed valuation for personal property. Section Seventeen. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 376 (Black Jack-Dellwood Creek), as defined and delineated by District Ordinance No. 2145, adopted April 14,1971, shall be Two Hundred thirty-two Thousand Four Hundred Seventy-eight Dollars ($232,478.00), which sum will be produced by the rate of nine point two cents (.092) per one hundred dollars assessed valuation for residential property, four point nine cents (.049) per one hundred dollars assessed valuation for agricultural property, nine point six cents (.096) per one hundred dollars assessed valuation for commercial property and nine point eight cents (.098) per one hundred dollars assessed valuation for personal property. Section Eighteen. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 380 (Upper Paddock Creek), as defined and delineated by District Ordinance No. 2278, adopted March 30,1972, shall be Thirty Thousand Six Hundred Forty-two Dollars ($30,642,00), which sum will be produced by the rate of eight point one cents (.081) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for agricultural property, eight point five cents (.085) per one hundred dollars assessed valuation for commercial property and nine point one cents (.091) per one hundred dollars assessed valuation for personal property. Section Nineteen. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 448 (Missouri River - Bonfils), as defined and delineated by District Ordinance No. 3465, adopted March 22,1978, shall be Zero Dollars ($0.00), which sum will be produced by the rate of zero cents (.000) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, zero cents (.000) per one hundred dollars assessed valuation for commercial property and zero cents (.000) per one hundred dollars assessed valuation for personal property. Section Twenty. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible properly within that part of the corporate limits of St. Louis County lying within Subdistrict No. 449 (Meramec River Basin - M.S.D. Southwest), as defined and delineated by District Ordinance No. 3482, adopted March 29,1978, shall be Zero Dollars ($0,00), which sum will be produced by the rate of zero cents (.000) per one hundred dollars assessed valuation for residential property, zero cents (.000) per one hundred dollars assessed valuation for agricultural property, zero cents (.000) per one hundred dollars assessed valuation for 83 commercial property and zero cents (.000) per one hundred dollars assessed valuation for personal property. Section Twenty -One. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 453 (Shrewsbury Branch of River des Peres), as defined and delineated by District Ordinance No. 3484, adopted April 12,1978, shall be Nineteen Thousand One Hundred Thirty-six Dollars ($19,136.00), which sum will be produced by the rate of six cents (.060) per one hundred dollars assessed valuation for residential property, six point three cents (.063) per one hundred dollars assessed valuation for commercial property and eight point two cents (.082) per one hundred dollars assessed valuation for personal property. Section Twenty -Two. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 454 (Seminary Branch of River des Peres), as defined and delineated by District Ordinance No. 3485, adopted April 12,1978, shall be Two Hundred Twenty Thousand Seven Hundred Forty-eight Dollars ($220,748.00), which sum will be produced by the rate of six point six cents (.066) per one hundred dollars assessed valuation for residential property, seven point four cents (.074) per one hundred dollars assessed valuation for commercial property and seven point six cents (.076) per one hundred dollars assessed valuation for personal property, Section Twenty -Three. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 455 (Black Creek), as defined and delineated by District Ordinance No. 3486, adopted April 12,1978, shall be One Million Three Hundred Forty-four Thousand Two Hundred Sixty -nixie Dollars ($1,344,269.00), which sum will be produced by the rate of eight point three cents (.083) per one hundred dollars assessed valuation for residential property, nine point two cents (.092) per one hundred dollars assessed valuation for commercial property and nine point five cents (.095) per one hundred dollars assessed valuation for personal property. Section Twenty -Four. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. l of the River des Peres Watershed (Creve Coeur-Frontenac Area), as defined and delineated by District Ordinance No. 24, adopted June 20,1955, and as enlarged by annexation thereto of the area described in District Ordinance No.1719 adopted February 13,1968, shall be Four Hundred Twenty-two Thousand Three Hundred Forty-two Dollars ($422,342.00), which sum will be produced by the rate of seven cents (.070) per one hundred dollars assessed valuation for residential property, six point eight cents (.068) per one hundred dollars assessed valuation for commercial property and seven point six cents (.076) per one hundred dollars assessed valuation for personal property. Section Twenty -Five. The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 4 of the River des Peres Watershed (North Affton Area), as defined and delineated by District Ordinance No. 22, adopted June 20,1955, and as such part was enlarged by District Ordinance No. 190, adopted April 7, 1958, shall be Fifty-eight Thousand One Hundred Eighty-six Dollars ($58,186.00), which sum will be produced by the rate of seven point two cents (.072) per one hundred dollars assessed valuation for residential property, seven point six cents (.076) per one hundred dollars assessed valuation for commercial property and eight point five cents (.085) per one hundred dollars assessed valuation for personal property. a4 Section Twenty -Six, The amount of taxes which shall be levied, assessed and collected in the year 2010 on all taxable tangible property within that part of the corporate limits of St. Louis County lying within Subdistrict No. 7 of the River des Peres Watershed (Wellston Area), as defined and delineated by District Ordinance No. 409, adopted June 16,1%0, and as such part was enlarged by District Ordinance No. 2497, adopted November 8,1973, shall be Thirty-six Thousand One Hundred Eighty-nine Dollars ($36,189.00), which sum will be produced by the rate of ten cents (.100) per one hundred dollars assessed valuation for residential property, ten cents (.100) per one hundred dollars assessed valuation for commercial property and ten cents (.100) per one hundred dollars assessed valuation for personal property. Section Twenty -Seven. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section Twenty -Eight. Emergency Clause. The taxes to be levied, assessed, and collected as provided for herein are essential to the operation of the District, and enacted without delay, thus creating an emergency within the meaning of the Charter. Accordingly, this ordinance shall take effect immediately upon its enactment. The foregoing Ordinance was adopted September 16, 2010. 8.5 WASTEWATER ORDINANCE NO.13021 AN ORDINANCE, repealing and superseding Ordinance No.12905 adopted June 11, 2009, and enacting a new ordinance in lieu thereof establishing a new Section Six, Back Billing, pertaining to Wastewater User Charges. WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, a municipal corporation and a political subdivision of the State of Missouri (herein called the "District"), now owns and operates a revenue producing sewer and drainage system serving the District and its inhabitants (the "System") and pursuant to Section 3.020(1) of the Charter of the District adopted by the voters within the District for its government (the "Charter"), has the power "to maintain, operate, reconstruct, and improve the same as a comprehensive sewer and drainage system, and to make additions, betterments, and extensions thereto; to protect the public health and welfare by preventing or abating the pollution of water; and ... [has] all the rights, privileges, and jurisdiction necessary or proper for carrying such powers into execution"; and WHEREAS, the District is subject to the provisions of the federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq., commonly referred to as the Clean Water Act (the "Federal Clean Water Act") and the Missouri Clean Water Law, §§ 644.006 et seq. R.S.M0.1986, as amended (the "Missouri Clean Water Law") the objectives of which are to restore and maintain the chemical, physical, and biological integrity of the nation's waters; and WHEREAS, the District has obtained construction grants (the "Grants") from the Missouri Department of Natural Resources ("MDNR") and the Environmental Protection Agency ("EPA") for improvements to the System and has entered into grant agreements with such governmental agencies as a condition to obtaining such Grants (the "Grant Agreements"); and WHEREAS, the federal regulations promulgated pursuant to the Federal Clean Water Act and the District's Grant Agreements require the District to "review not less often than every two years the wastewater contribution of users and user classes, the total cost of operation and maintenance of the treatment works, and its approved user charge system . , . and to revise the charges for users or user classes to accomplish the following: (1) Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein; (2) generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works , . '; and WHEREAS, Section 3.020 (16) of the Plan of the District authorizes the Board of Tnistees "[t]o establish by ordinance a schedule or schedules of rates, rentals, and other charges, to be collected from all the real property served by the sewer facilities of the District, whether public or private, and to prescribe the manner in which and time at which such rates, rentals, and charges are to be paid, and to change such schedule or schedules from time to time as the Board may deem necessary, proper, or advisable, and to collect or enforce collection of all such charges. Such schedule or schedules may be based upon any classifications or subclassifications which the Board may determine to be fair and reasonable ... including but not limited to: (a) the consumption of water on premises connected with such facilities, taking into consideration commercial, industrial, and agricultural use of water; (b) the number and kind of plumbing fixtures connected with such facilities; (c) the number of persons served by such facilities; or (d) any combination of the factors enumerated. Any such rates, rentals, or other charges against public property shall be paid out of the general treasury of the public body, agency, corporation, or authority owning -t- as such property.'; and WHEREAS, Section 7.040 of the Charter of the District established a Rate Commission to review and make recommendations to the Board of Trustees regarding all proposed changes in wastewater rates, storm water rates and tax rates or change in the structure of any of the foregoing; and WHEREAS, the Rate Commission, after having conducted public hearings and weighing evidence regarding the proposed wastewater user rate change, issued its Wastewater Rate Change Amendment Report on April 1, 2008, which recommended the wastewater user rates as hereinafter adopted; and WHEREAS, through Resolution No. 2785, adopted May 23, 2008, the Board of Trustees accepted said Wastewater Rate Change Amendment Report as issued by the Rate Commission on April 1, 2008. WHEREAS, the Board of Trustees (the "Board") has determined that it is appropriate to revise the schedule of Wastewater User Charges as provided in this Ordinance to provide for the determination and billing of such user charges; and WHEREAS, the Board is concerned with the impact of the Wastewater User Charges as provided by this Ordinance on low income customers of the District and the Board has adopted a low income assistance program (the "Low Income Assistance Program") to provide a "low income assistance credit" on bills for Wastewater User Charges to "eligible low income customers" pursuant to Ordinance No.12686 of the District; and WHEREAS, the revenues to be derived from the Wastewater User Charges will be set aside in a separate fund and used for the purposes of operating, maintaining and replacing the Wastewater System in the District, as herein provided; and WHEREAS, the Wastewater User Charges bear a substantial relationship to and are designed to cover the costs of operating, maintaining and replacing the Wastewater System, as herein provided; and WHEREAS, the Board does hereby find and determine that the imposition of the schedule of increased Wastewater User Charges as provided in this Ordinance, is necessary to enable the District to operate its Wastewater System on a sound basis, to satisfy the requirements of the Plan, the Federal Clean Water Act, and the Missouri Clean Water Law, and to comply with the mandates of the, the District's Grant Agreements, and the rules and regulations of the EPA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF TILE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Defmitions of Words and Terms. In addition to words and terms defined elsewhere in this Ordinance, the following words and terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended: "Approved Meter" means a water meter meeting the standards of meters used by the City of St. Louis Water Division, the St. Louis County Water Company, or the public water supplier which provides water service to such Property, or a sewage flow meter satisfactory to the District. "Base Charge" means the sum of the System Availability Charge and the Billing and Collection Charges pursuant to Section Three of this Ordinance, "Billing and Collection Charges" means the charges established by the District pursuant to Section Three of this Ordinance, -2- 87 which are designed to recover the cost related to issuing and collecting bills. "Best Equated Period" means a 90 to 92 day period of water usage for Metered Residential Property between November and April of the preceding winter period when lawn watering and other outdoor water uses are at a minimum and metered water use can best be equated to Wastewater discharges; provided that if the water bill issued during such period covers water usage for a period less than 90 days or more than 92 days the Best Equated Period shall mean a 91 day period and water usage shall be calculated based on average daily usage for the actual billing period. If water usage is less than 1 ccf for the aforesaid 90 to 92 day period, and water service remained active for said period, a minimum water usage of 1 ccf shall be imposed for said "Metered Residential Property". If water service is instituted after the aforesaid 90 to 92 day period, an average water usage of 8 ccf shall be imposed for said "Metered Residential Property" until such time as the actual "Best Equated Period" data can be established. "Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter in S days as determined by Standard Test Procedures and expressed in milligrams per liter. "Board" means the Board of Trustees of the District. "Capital Charge" means that portion of the total charges for wastewater services provided by the District which is established for debt retirement, construction or reconstruction of the Wastewater System, and any other lawful purpose of the District or its sub districts and not considered part of the Wastewater User Charges, or the Storm Water User Charges. Chemical Oxygen Demand" or "COD" means the quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter as determined by Standard Test Procedures and expressed in milligrams per liter. "Compliance Charge" means the charge established by the District pursuant to Section Three (A)(3) of this Ordinance which is designed to recover all District compliance activities for Non -Residential Properties required to comply with federal environmental regulations which are not recovered by specific environmental permit fees, Wastewater Monitoring Fees, or other related fees. "Contributed Wastewater Volume" means the quantity of water-bome wastes emanating from Property and, specifically, (1) for Metered Single -Unit Residential Property, means billed water usage during the Best Equated Period; (2) for Metered Multi -Unit Residential/Non-Residential Property, means either (a) billed water usage throughout the year with exemption allowances for any water that does not enter the Wastewater System, or (b) measured Wastewater volume; and (3) for Unmetered Residential Property, means average indoor water usage characteristics of various housing attributes, as defined in the Rate Study, applied to the number of rooms and plumbing fixtures of each User's Property, as determined by the District, "District" means The Metropolitan St, Louis Sewer District. "Extra Strength Surcharges" means the Extra Strength Surcharges imposed by Section Three (AX2) of this Ordinance. "Metered Non-ResidentiallMulti-Unit Residential Property" means Property used both for non-residential and residential purposes which consists of one or more non-residential units and one or more residential dwelling units connected to an approved meter. "Metered Property" means all Property connected to an Approved Meter through which the amount of water usage is measured. -3- 88 "Metered Residential Property" means Property used only for human residency which consists of one or more residential units connected to an approved meter. "Non-residential Property" means all Property other than Residential Property. "Normal Wastewater" means waters or wastes having (a) a 5-day Biochemical Oxygen Demand (BOD) not greater than 300 milligrams per liter; and (b) containing not more than 300 milli y s per liter of Suspended Solids (SS); and (c) having a Chemical Oxygen Demand (COD) not greater than 600 milligrams per liter. "Ordinance" means this Ordinance of the District unless a different Ordinance is indicated. "Owner" or "Owners" means the Person or Persons designated as the owner or owners of record of Property as set forth in the records of the office of the respective Recorders of Deeds for the City of St. Louis or for St. Louis County, Missouri. "Person" means any individual, firm, proprietorship, partnership, company, municipality, state, federal or local governmental entity, association, society, corporation, group, or other entity. "Plan" means the Proposed Plan of the Metropolitan St. Louis Sewer District as approved by the voters of the City of St. Louis and St. Louis County at a special election held on February 9,1954 and amended by said voters on November 7, 2000. "Pollutant" means any material or substance, toxic or otherwise, discharged to the Wastewater System which either singularly or in combination with other materials or substances interferes with, disrupts, or inhibits the Wastewater System's operations, or is not in compliance with specific prohibitions or standards developed by District, federal, state or local governments, or passes through the Wastewater System in'a concentration which violates established effluent regulations or water quality standards. Property" means an improved lot or parcel of real property, whether public or private, which is served by the Wastewater System. "Rate Commission" means that body established pursuant to Section 7.040 of the Charter of the District to review and make recommendations to the Board of Trustees regarding all proposed changes in wastewater rates, storm water rates and tax rates or change in the structure of any of the foregoing. "Residential Property" means Property used only for human residency. "Room/Fixture Charges" means the charges established by the District pursuant to Section Three of this Ordinance billed to each User Account based on the number of rooms and plumbing fixtures in such User's Property as determined by the District. "Served" or "Service" means Property with a sewer connected, either directly or indirectly, to the District's Wastewater System, or Property which otherwise discharges Wastewater directly or indirectly into the Wastewater System; or if the discharge of such substances there from ultimately enters the District's Wastewater System. "Sewer Use Ordinance" means Ordinance No.12SS9 of the District, adopted October 7, 2008, as amended. "Standard Test Procedures" means "Guidelines Establishing Test Procedures for Analysis of Pollutants Under Clean Water Act" (40 CFR 136), as supplemented and amended from time to time. "Storm Water User Charges" means the charges established by District Ordinance No.12560, adopted October 7, 2008, as amended. -4- 89 "Suspended Solids" or "SS" means solids that either float on the surface of, or are suspended in water, Wastewater, or other liquids; as determined by analysis for non -filterable residue, in accordance with Standard Test Procedures and expressed in milligrams per liter. "System Availability Charge" means the charge established by the District pursuant to Section Three of this Ordinance which is designed to recover a portion of the costs related to infiltration and inflow. "Unit" means the portion of Residential Property designed for occupancy by a single person or single family. "Unmetered Residential Property" means Residential Property which is not connected to an Approved Meter. "User" means: (1) the Person occupying the Property; or (2) Owner of Property; or (3) the Person holding a permit for water service to the Property Served by the Wastewater System; or (4) any Person Served by the Wastewater System. "User Account" means each separate account to which a bill for Wastewater User Charges is issued by the District. "Volume Charge" means the Volume Charges established by the District pursuant to Section Three of this Ordinance billed to each User Account based on Contributed Wastewater Volume. "Wastewater" means the water -borne wastes emanating from Property, together with such groundwater, surface water, or storm water which enters the Wastewater System. "Wastewater Monitoring Fees" means the Schedule of Wastewater Monitoring Fees referred to in Section Four of this Ordinance and set forth in Appendix II. "Wastewater System" means the entire sewer and drainage system owned and operated by the District for the collection, transportation, storage, handling, and treatment of Wastewater, to serve the needs of the District and its inhabitants and others, including all appurtenances and facilities connected therewith or relating thereto, together with all extensions, improvements, additions and enlargements thereto hereafter made or acquired by the District. "Wastewater User Charges" means the applicable charges established by Section Three of this Ordinance, which consist of that portion of the charges of the District, which are established in a proportional and adequate manner to pay the cost of operation and maintenance (including replacement) of the Wastewater System in accordance with the requirements of the EPA and the MDNR. Section Two. Establishment of Wastewater User Charges. There are hereby ratified, confirmed and established for services provided by the District to any Property Served by the Wastewater System, the Wastewater User Charges as set forth in Appendix I. All such Wastewater User Charges shall be in addition to any applicable Capital Charges. The District's Wastewater User Charges must comply with the following mandates (the "Environmental Mandates"): (i) to have an approved Wastewater User Charge as required by the Federal Clean Water Act, the Missouri Clean Water Law and its Grant Agreements, and (u) to provide necessary fiords to operate, maintain and replace its Wastewater System so as to provide adequate Service to District residents. The District finds that it is necessary and in the public interest to implement the schedule of Wastewater User Charges as herein provided in order to protect the public health, safety and welfare and to insure the District's continued compliance with the Environmental Mandates. Section Three, Wastewater User Charges. so (A) Metered Property. (1) Each metered property shall be charged a Base Charge and a Volume Charge as set forth in Appendix I. The Volume Charge shall be calculated separately for each Property, using the most current determination of Contributed Wastewater Volume. (2) Extra Strength Surcharges. Extra Strength Surcharges for the treatment of wastes containing Suspended Solids, Biochemical Oxygen Demand or Chemical Oxygen Demand exceeding Normal Wastewater strengths are hereby established and shall be billed to and collected from Non-residential Property Served by the Wastewater System at the rates for each User Account set forth in Appendix I, and shall be collected in addition to the charges imposed by Subsections (1) and (3) hereof. (a) A User shall be subject to Extra Strength Surcharges in any month if that User's water usage in such month equals or exceeds eight thousand cubic feet. (b) Each User subject to Extra Strength Surcharges shall submit to the District on forms supplied by the District pursuant to the Sewer Use Ordinance, a certified statement setting forth the strength and volume of Wastewater discharged by the User into the Wastewater System or into any sewer connected thereto. The data set forth in such statement shall be obtained from samples collected in accordance with accepted procedures from the manhole or adequate place as described in the Sewer Use Ordinance at a time period representative of normal operational conditions and analyzed utilizing Standard Test Procedures. (c) Analytical data reported by the User discharging such Wastewater will be considered current for each subsequent billing period until such data is reported inaccurate and replaced by updated certified data by said User. The results of routine scheduled sampling arid analyses by the District may be used in lieu of data reported by said User if such data is found to be not current or in error. (d) An Extra Strength Surcharge shall be collected from any User subject to Extra Strength Surcharges as provided for herein for the discharge into the Wastewater System of Suspended Solids (SS) which average concentration exceeds 300 milligrams per liter or Biochemical Oxygen Demand (BOD) which average concentration exceeds 300 milligrams per liter, with said Extra Strength Surcharge ("ESS") calculated for each billing period according to the following formula, to wit: 0.00624 x V x [(SS-300) x RSS + (BOD-300) x RBOD] ESS = 2000 (e) If the BOD/COD ratio of a User's Wastewater is equal to or less than 0.35 the BOD measurement may not be considered representative of the User's actual Wastewater strength. The District may substitute Chemical Oxygen Demand (COD) which average concentration exceeds 600 milligrams per liter, with said Extra Strength Surcharge ("ESS") calculated for each billing period according to the following formula, to wit: 0.00624 x V x [(SS-300) x RSS + (COD-600) x RCOD] -6- 91 ESS = 2000 In the above formulas the following terms shall mean: ESS = Extra Strength Surcharges. 300 = Maximum concentration of total BOD in Normal Wastewater in milligrams per liter. 300 = Maximum concentration of total Suspended Solids in Normal Wastewater in milligrams per liter. 600 = Maximum concentration of total COD in Normal Wastewater in milligrams per liter. 0.00624 = Conversion factor for milligrams per liter to pounds per hundred cubic feet. V = Volume of water usage or Wastewater discharged expressed in hundred cubic feet. RSS = Rate for SS in dollars per ton. RBOD = Rate for BOD in dollars per ton. RCOD = Rate for COD in dollars per ton. 2,000 = The number of pounds per ton. (f) All Extra Strength Surcharges shall be calculated separately for each Property using the Wastewater now proportioned average strength concentration for each strength parameter and the most current determination of Contributed Wastewater Volume. (3) Non-residential Property Compliance Charge. A Compliance Charge shall be collected from all Non- residential Property Served by the Wastewater System at the rate for each User Account as set forth in Appendix 1 and shall be collected in addition to the charges imposed by Subsections ( I) and (2) hereof. (4) Registration of Unmetered Water Supply. In the event Property is supplied either in whole or in part with water from wells or any source other than a public water supplier, then such wells or other source of supply shall be registered with the Director of Finance of the District. If such supply serves Metered Property and is not measured by a water meter, or is measured by a water meter not acceptable to the District, then in such case, the User, at his own expense shall install and maintain an Approved Meter connected to such water supply. Whenever a new supplier or source of water other than a public water supplier shall be put into use by Metered Property, such source of water shall be registered with the Director of Finance of the District within thirty days. (S) Metered Water Not Entering the Wastewater System. Where it can be shown to the satisfaction of the District that a portion of the water as measured by an Approved Meter does not enter the Wastewater System, then the District is hereby authorized to determine, in such manner and by such method as may be practicable, the percentage of the water measured by the Approved Meter which enters the Wastewater System. In such case, Wastewater User Charges shall be based upon the percentage of the metered water entering the Wastewater System. Additional Approved Meters may be required or permitted at the User's expense in such manner as to measure the quantity of Contributed Wastewater Volume entering the Wastewater System from the Property of such User. Applications requesting 92 consideration for a reduction in the Wastewater Service Charge, because of water not entering the Wastewater System, shall be made to the Director of Finance of the District, on forms provided by the District. (6) Requirement of an Approved Meter for Non -Residential Property, All Non -Residential Property within the District shall be connected to an Approved Meter. In the event Property within the District is owned by a municipality and is served by water provided by such municipality and not connected to an Approved Meter, the District shall provide a method for estimating Wastewater discharge by such Property which is fair and equitable, in lieu of connection to an Approved Meter, and shall bill such municipality for Wastewater User Charges as provided for Metered Property pursuant to this Ordinance based on such estimated Wastewater usage. (B) Unmetered Residential Property. (1) Each unmetered residential property shall be charged a Base Charge and a RoomlFixture Charge as set forth in Appendix I. Such charges shall be calculated separately for each Property using the most current available data regarding the number of rooms and plumbing fixtures in such Property. The Director of Finance shall determine the number of rooms and plumbing fixtures in such Property from the records of the City of St. Louis Water Division or other public water suppliers, from the records of the Office of Assessor of the City of St. Louis or St. Louis County, or from on site inspection. A User of Unmetered Residential Property who considers the determination by the District of the number of rooms and plumbing fixtures for which such User is billed Wastewater User Charges to be inaccurate or erroneous may appeal such determination as herein provided. (2) Right of Entry and Inspection. The District shall have the power to enter on any Property for the purposes of examining the use made of its Wastewater System, the number of rooms and plumbing fixtures in such Property, the number and kind of plumbing fixtures connected with such Wastewater System, and for the purpose of inspecting or reading the Approved Meter connected to such Property. When such examination gives reason to believe that the usage of water on such Property places a burden on the Wastewater System in excess of that for which the User of such Property is being billed then the Wastewater discharged from such Property shall be measured, at the expense of the User, by a water meter or meters or by a Wastewater flow meter or meters. If such measurement shows that the flow of Wastewater is excessive, Wastewater User Charges shall be billed and collected for such measured usage as for Metered Property. (C) Application of Wastewater User Charge Revenues. All revenues collected from Wastewater User Charges shall be segregated, credited and deposited in a Wastewater Revenue Fund to be established and maintained by the Director of Finance of the District, and shall be used solely to pay for the costs of the operation (including billing, administration and overhead), repair, maintenance, improvement, renewal, replacement and reconstruction of the District's Wastewater System. Section Four, Wastewater Monitoring Fees. When the Sewer Use Ordinance of the District or regulations of the federal government or state government require periodic monitoring of Wastewater from Non-residential Property, whether for strength calculations, for National Pollutant Discharge Elimination System compliance, or for pretreatment program requirements, the User of such Property monitored shall famish the District at least one report for each quarterly calendar period from an independent testing laboratory satisfactory to the District, which report shall set forth the information required by the District on forms supplied by the District. As an altemative to finishing the reports herein required, the User of such Property may request the District to collect the necessary samples and perform the analysis thereof. If the District agrees to so act, the User of such Property shall be billed for and agree to pay all costs for personnel, material •8- 93 and equipment used to collect and analyze samples from the User's Wastewater as set forth in the schedule of charges in Appendix II hereof. Each User shall be billed based on the number of samples collected and the number and types of analyses performed during each billing period and billed in accordance with current billing procedures. A User shall not be billed for more than four (4) such samplings per year for each connection to the Wastewater System. Sampling and analysis undertaken for purposes other than required periodic monitoring shall not be billed for Wastewater Monitoring Fees under this section. The District may terminate such collection and analysis at any time and it shall thereafter be the obligation of the User of such Property to furnish the test information called for above from an independent testing laboratory, Section Five. Pollutants. Any User which discharges any Pollutants which cause an increase in the cost of managing the effluent or sludge from the Wastewater System shall pay for such increased costs. Section Six. All bills for Wastewater User Charges shall be prepared by the District and shall be issued monthly for services provided in the preceding month. The issuance of any monthly bill may be delayed by the District for good cause. On or after May 1, 2004, the Wastewater User Charges shall be billed to the Owner or Owners of the property served by the Wastewater System. Such Wastewater User Charges shall also constitute a personal obligation of any User of the Wastewater System regardless of to whom the bill for Wastewater User Charges is sent and shall constitute a charge and a Gen against the Property Served, whether or not a notice of lien has been served. For the District's convenience, all individual Wastewater User Charges may be combined with any other charges of the District, and all such charges may be billed together. In the event of a change in Owner or User of Property or termination of Service to Property during a billing period, application may be made to the Director of Finance of the District for a refund or proration of Wastewater User Charges for such billing period. The Owner of Metered Residential Property containing more than one unit shall have the option of being charged on the basis of Best Equated Period, The Owner may obtain an application for such change from the Director of Finance. Upon receipt of an Application of Change in billing basis for said Property the change in billing will take effect not sooner than sixty (60) days from receipt of the application. Once an Owner of Metered Residential Property containing more than one (1) unit has elected to be charged on the basis of Best Equated Period, that Owner shall not be permitted to again change. In the event wastewater service is being provided to any parcel of real property and said parcel is being under -billed or not being billed at all, the District shall have the authority to charge the owner of said parcel retroactively for a period not to exceed one and one- half (1%) years from the date of discovery. In the event said parcel is being over -billed by the District, and the current owner of said parcel can verify such over -billing, then the District shall refund the current owner of the parcel any amount verified to be overpaid by said owner. The Metropolitan St. Louis Sewer District will not collect Wastewater User Charges from the owner of real property when it is known that said real property is connected to a septic tank. Upon notification from the property owner that certain real property which is -9- 94 connected to a septic tank is being billed by the District for Wastewater User Charges, upon verification, the District will refund to the owner any and all of said Wastewater User Charges so collected from said owner. Section Seven. Charge for Late Payments. On or after July 1, 2009, any Wastewater User charges billed that are not paid by the due date indicated on any bill rendered shall bear a late payment charge equal to three -fourths of one percent (035%) per month, or nine percent (9%) per annum, of the amount of the bill rendered and is herby imposed for each month or portion thereof that the bill remains unpaid beyond the due date. Section Eight. Wastewater User Charges Constitute a Lien. The Wastewater User Charges shall constitute a lien upon the Property Served on the date a bill is rendered for Wastewater Service, and said lien shall have the same priority as taxes levied for state and county purposes, The District may cause a notice of lien for non-payment of such charges to be filed in the Office of the Recorder of Deeds within and for the City of St Louis or St. Louis County, depending upon where such Property Served is located. Such notice of lien shall state the amount of the delinquent Wastewater User Charges, and shall adequately describe the Property against which such lien is asserted. A copy of such notice of lien shall be mailed to the Owner of the Property at the last address on file with the District and the filing of such notice in the Office of the Recorder of Deeds may be deferred as a matter of grace for not more than thirty (30) days from the mailing date. All Wastewater User Charges that remain unpaid shall bear interest at a rate not to exceed the lower of nine percent (9%) per annum or the maximum legal rate from the time a notice of lien is filed with the appropriate recorder of deeds as herein prescribed, until such time as the account is closed. After such notice of lien is filed of record, the fees of the Recorder for filing and releasing said lien shall also be payable to the District as a prerequisite to releasing said lien. Section Nine. Termination of Service for Nonpayment. When any Wastewater User Charge has not been paid and has been delinquent for a period in excess of three months, the District is authorized to order the water supply to be shut off for the Property for which the Wastewater User Charge is delinquent or to remove or close any sewer connections, or both, until payment of the delinquent charge together with the reasonable costs involved in shutting off and turning on the water, or closing and reopening the sewer connection, as the case may be, have been paid. When any Wastewater User Charge has not been paid and has been delinquent for more than fifteen days after the due date, then the District may refuse to issue to the Owner and/or User a permit to connect any other Property owned or controlled by said Owner and/or User to the Wastewater System or Storm Water System; or may refuse to review any plans submitted by or on behalf of such Owner and/or User; or issue any permits requested by or on behalf of such Owner and/or User; or refuse to contract for any purpose with or accept Wastewater or Storm Water from any such Owner and/or User. Section Ten. Remedies. Whenever any charge is unpaid after ninety days from the date the bill for such charges was rendered, then the amount overdue may be collected by any or all of the three procedures: (A) by assignment to a collection agency; or (B) by suit or other proceedings in any court of competent jurisdiction; or (C) by enforcement of the lien provided herein. -10- 95 The District shall have the power to sue any Owner and/or User, jointly and severally, in a civil action to recover delinquent charges plus the late payment charge and interest on the delinquent bill, plus all costs incurred by the District in connection with the filing and enforcement of such Gen and the prosecution and collection of such charges including court costs, fees for transcript judgments, special process servers, credit reports, video reports, sewer and/or water shutoff costs, other related fees, and reasonable attorney's fees to be fixed by the court, Section Eleven. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would reduce any charge imposed by the District. Section Twelve. Violation of Ordinance. Any Person violating Section Eleven of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50.00 nor more than $500.00. The imposition of such penalty shall in no way restrict or deprive the District of its right to pursue any other remedy it may have for the collection of any delinquent bill for Charges. Section Thirteen. Wastewater User Charge Review. The Board shall regularly review the Wastewater User needs of the District and Wastewater User Charges, usually as a part of a Rate Proposal from the Rate Commission, to assure the appropriateness of the Wastewater User Charges. (A) Maintain the proportional distribution of operation, maintenance and replacement costs among User classes, (B) Provide adequate revenues to cover operation, maintenance and replacement costs. (C) Provide adequate revenues for the payment of debt service on or required by the provisions of any outstanding bonds. Section Fourteen. Notice of Rates. Each User Account shall be notified at least annually in conjunction with a regular billing for Wastewater User Charges as to: (A) the rate schedule in effect; and (B) that part of Wastewater User Charges attributable to wastewater services. Section Fifteen. Deposit of Funds. The funds received from the collection of any of the aforesaid charges shall be deposited daily as received by the Secretary -Treasurer of the District, and shall be deposited in duly designated bank accounts, and such moneys may be appropriated and used for the purposes of the District as herein provided. Section Sixteen. Collection Offices, Collection offices may be established at convenient locations throughout the District. The Director of Finance is hereby authorized to enter into contracts with the owners or operators of business establishments to provide collection services at such locations as are selected and may provide in such contracts for the payment by the District of a fee to the collecting establishment for rendering such collection services. Section Seventeen. Appeals. Any Person who considers the Wastewater User Charges billed to such Person pursuant to the provisions of this Ordinance or any other determination by the District pursuant to the provisions of the Ordinance to be illegal, inaccurate or erroneous may request a review thereof by the Director of Finance or his designate within thirty (30) days of (i) the bill to such Person for Wastewater User Charges with respect to such Property, or (ii) written notice to such Person of a determination by the District which is contested. The determination by the Director of Finance may be appealed by such Person to the Executive Director, by written notice of 96 appeal filed with the Director of Finance within thirty (30) days of his determination. The determination by the Executive Director shall be considered a final order of the District. Section Eighteen. Judicial Review. Any Person or Persons jointly or severally aggrieved by any final order of the Executive Director of the District may seek judicial review of such decision or pursuant to the procedures set forth in Section 12.110 of the District's Plan. Section Nineteen. Adjustment Review Committee. A committee, to be known as the Adjustment Review Committee (ARC), is hereby established and shall meet, at minimum, once a month to conduct its business. The ARC shall be comprised of the voting members which are the District's Director of Finance, Assistant Director of Finance, the Secretary -Treasurer, and General Counsel, Non -voting members are the Accounts Receivable Manager and Audit Administrator. For purposes of Section Nineteen of this Ordinance the following terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended. Adjustment - any change in billing resulting from errors and/or changes in circumstances. Write-off - an uncollectible amount due the District according to State or Federal Statute or as determined by majority approval of the ARC. Settlement - agreement between the customer and the District to alleviate all or part of a delinquent condition. On a monthly basis, the ARC shall review and properly record in the minutes all prior monthly billing adjustments as approved and presented by the Accounts Receivable Manager, These billing adjustments may result from but are not limited to; misapplied payment, ccf adjustment, reduction factor, water -off, transfer of balance due to bankruptcy notice, new occupant/water meter registrant, bank encoding error, or water back-up. All write-offs or settlements of accounts shall require a majority of the ARC voting members to meet and discuss before approval. No write-off or settlement in excess of Five Thousand Dollars ($5,000.00) and less than Twenty-five Thousand Dollars ($25,000.00) shall be effective unless reviewed and approved by three (3) out of the four (4) voting members of the ARC. Any write-off or settlement greater than Twenty-five Thousand Dollars ($25,000.00) shall require Finance Committee approval or ratification. The suspension of these rules may occur when a time constraint exists and a decision must be made before the next scheduled meeting, or a situation exists from, but not limited to; foreclosure, sheriff or county tax sale, Land Reutilization Authority, Land Clearance for Redevelopment Authority, or discharged bankruptcy. In these instances, no settlements or write-offs in excess of Five Thousand Dollars ($5,000.00) shall be effective unless reviewed and approved by three (3) out of four (4) voting members of the ARC on an individual basis or at a special meeting as requested by any of the ARC members. All such instances will be reported at the next regularly scheduled meeting of the ARC and recorded in the minutes. ARC activity will be reported to the Board's Finance Committee on a monthly basis. The committee shall perform any other such duties relating to billing and collection policies. Such duties shall be reported to the Executive Director and Board of Trustees. -12- 97 Section Twenty, Severability. The Board hereby declares that if any section, part, sentence or clause of this Ordinance is held invalid, such invalidity shall not affect the remainder of this Ordinance, the Board hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. Section Twenty -One. Prior Ordinances. The provisions contained in this Ordinance shall repeal and supersede Ordinance No. 12754, adopted October 1, 2008, and shall take the place of and supersede the provisions of all prior ordinances relating to the same subject matter, which are herewith inconsistent. This Ordinance shall not be so construed as to relieve any Person from the payment of any charge which is due and payable under the provisions of any prior ordinance, nor to bar the collection of same by any and all of the means provided for in said prior ordinance. This Ordinance shall not be so construed as to relieve any Person from any penalty heretofore incurred by the violation of any prior ordinance nor to bar the prosecution of any such violation in the manner provided therein. The foregoing Ordinance was adopted January 14, 2010. -13- 98 APPENDIX I WASTEWATER USER CHARGES July 1, 2009 July 1, 2010 July 1, 2011 Charge Charge Charge METERED PROPERTY (per Month/per User Account) Base Charge $10.90 $11.40 $11.85 Volume Charge $1.92/100 $2.02/100 $2.1 I1100 All Volume Cubic Feet Cubic Feet Cubic Feet UNMETERED RESIDENTIAL PROPERTY (per Month/per User Account) Base Charge $10.90 $11.40 $11.85 Room/Fixture Charge: Room (each room) $1.25 $1.32 $1.38 Water Closet (each fixture) $4.69 $4.93 $5.15 Bath (each fixture) $3.91 $4.11 $4,30 Separate Shower (each fixture) $3.91 $4.11 $4.30 NON-RESIDENTIAL PROPERTY (per Month/per User Account) Extra Strength Surcharges if water usage equals or exceeds 8000 cubic feet per month: Suspended Solids (SS)' $218.90 $222.62 $231.35 Over 300 mg/liter (Milligrams per liter) Biochemical Oxygen Demand (BOD): $551.52 $596.72 $620.14 Over 300mglliter (milligrams per liter) Chemical oxygen Demand (COD)' $275.76 $298.36 $310.07 Over 600 mg/liter (milligrams per liter) Base Charge $10.90 $11.40 $11.85 Compliance Charge $29.65 $30.85 $31.95 # Per Ton • I • ss STORMWATER ORDINANCE NO.13125 AN ORDINANCE suspending Ordinance No,13022, adopted January 14, 2010, and enacting a new ordinance in lieu thereof to reinstitute the schedule of monthly Stormwater Service Charge as approved by the voters on March 8,1988, with an emergency clause. WHEREAS, Ordinance No.12S60 adopted December 13, 2007, previously established a new schedule of stormwater user charges and repealed and superseded Ordinance No. 9183, adopted January 12,1994, Ordinance No. 9030, adopted June 16,1993, and Ordinance No. 8657, adopted May 3,1992; and WHEREAS, Ordinance No.12789 adopted December 11, 2008, repealed and superseded Ordinance No.12S60 adopted December 13, 2007; Ordinance No.12906 adopted June 11, 2009 repealed and superseded Ordinance No,12789 adopted December 11, 2008; and Ordinance No.13022 adopted January 14, 2010 repealed and superseded Ordinance No.12906 adopted June 11, 2009; and WHEREAS, Zweig, et al vs. MSD, Cause No. 08SL-CC3051, was initially filed on July 18, 2008, concerning the MSD stormwater user charge as adopted in MSD Ordinance No.12560; and WHEREAS, on July 9, 2010, the court handed down Findings of Fact, Conclusions of Law, Judgment and Decree in the first phase of the bifurcated trial of Zweig, et al vs. MSD, Cause No. 08SL-CC0305l; and WHEREAS, in light of the court's decision and until fmal resolution of the case, the District hereby suspends Ordinance No.13022 and enacts a new Ordinance to reinstitute the schedule of monthly Stormwater Service Charge as approved by the voters on March 8,1988, and; WHEREAS, by Ordinance No. 7450, adopted May 11,1988, the District established the Stormwater Service Charges approved by the voters on March 8,1988; and 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 (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 100 WHEREAS, the stormwater system within the District consists of man made 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 stonmwater and drainage programs where such services were requested; 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's Plan authorizes the Board to establish by ordinance charges to be collected from all the real property served by the sewer facilities of the District, whether public or private, such charges to be based upon any classifications or sub- classifications which the Board may determine to be fair and reasonable, and to prescribe the manner in which and time at which such charges are to be paid; and WHEREAS, the District is subject to the provisions of the federal Water Pollution Control Act, as amended (commonly referred to as the Federal Clean Water Act), 33 U.S.C. § 1251, et seq. (the "Federal Clean Water Act"), and the regulations promulgated there under; 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 flooding, erosion, water pollution, creation of pest breeding areas, traffic hazards caused by flooding, etc.; and WHEREAS, in connection with the suspension of the Stormwater User Charge and with the re-establishment of the Stormwater Service Charges as herein provided, the District will reinstitute the collection of ad valorem property taxes to be used for the purpose of providing service to the Stormwater System; and WHEREAS, the Board does hereby find and determine that the adoption of this Ordinance is in the public interest of the District and its residents, will further the public purposes of the District, and is desirable and necessary in furtherance of the public health, 101 safety and welfare of the District and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Definitions of Words and Terms. In addition to words and teens defined elsewhere in this Ordinance, the following words and terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended. "Area" means the square footage measurement of Property. "Board" means the Board of Trustees of the District. "Dedicated Stormwater Facilities" means those portions of the Stormwater System which have been accepted for dedication by the District as provided in Section Three of this Ordinance. "District" means The Metropolitan St. Louis Sewer District. "Owner or Owners" means both the owner or owners of record of Property as set forth in the records of the office of the respective Recorders of Deeds for the City of St. Louis or for St. Louis County, Missouri. "Person" means any individual, firm, proprietorship, partnership, company, municipality, state, federal or local governmental entity, association, society, corporation, group, or other entity. "Property" means a lot or parcel of real estate, whether public or private, which is served by the Stormwater System. "Stormwater" means any water or drainage resulting from precipitation which may or may not be mixed with an accumulation of dirt, soil, and other debris or substances collected from the surfaces on which such precipitation falls or flows. "Stormwater Design Standards" means the most current published edition of "Rules and Regulations and Engineering Design Requirements for Sanitary Sewerage and Stommater Drainage Facilities" and "Standard Construction Specifications for Sewers and Drainage Facilities" as ratified and approved from time to time by the Board. "Stomiwater Facility" or "Stormwater Facilities" means various drainage works that may include sewers, pipes, inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components, "Stormwater Service" means the planning and regulating of the Stormwater System and all activities described in Appendix I. "Stormwater System" means all man-made facilities, structures, and natural Watercourses used for collecting and conducting Stormwater to, through, and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: sewers, pipes, inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, rivers, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees, and pumping stations. "Stonnwater Service Charges" means the charges imposed by the District pursuant to this Ordinance. "User" means the occupant or Owner of Property, or any Person served by the Stormwater System. Section Two. Establishment of the Stormwater Service Charges. The Stormwater Service Charges to be imposed on all Property served by the Stormwater System were approved by the voters on March 8,1988. Section Three. Dedication of Stormwater Facilities. The District will accept for dedication all existing or newly 102 constructed Stormwater Facilities as provided by this Section. The Executive Director shall accept the dedication of an existing Stormwater Facility to the District's Stormwater System, provided that the District's final inspection report made prior to the acceptance of dedication confirms that such facility is located in public rights -of -way or easements granted to and accepted by the District and which is not encroached upon, is intended for public use, and meets the District's current policy on Stormwater maintenance as provided in Section Four of this Ordinance. Upon completion of construction of new Stormwater Facilities for which plans are received, reviewed and approved by the District after April 1,1989, the Stormwater Facilities shall be dedicated to the District and the Executive Director shall accept the dedication of such Stormwater Facilities to the District's Stormwater System, provided that the facilities have been constructed in accordance with the approved plans, the District's final inspection reports made prior to the acceptance of dedication confirm that the facilities meet the Stormwater Design Standards, and the facilities meet the District's current policy on Stormwater maintenance as provided in Section Four of this Ordinance. Section Four. Maintenance of Dedicated Stormwater Facilities. The District shall maintain all Dedicated Stormwater Facilities pursuant to policies established from time to time by resolution of the Board to prioritize the use of monies from the Stormwater Service Charges and other available fiords to meet the greatest needs in furtherance of the public health, safety and welfare and in compliance with the Federal Clean Water Act. To the extent of available funds the District shall establish a program of maintenance of Dedicated Stormwater Facilities in accordance with the District's then current Stormwater Maintenance Policy. The Board hereby adopts the Stormwater Maintenance Policy attached hereto as Appendix I. Section Five. Private Stormwater Facilities. The Owner shall be responsible for Stormwater Facilities located on private property where runoff will principally be collected within that property and for all other Stormwater Facilities not maintained by the District per Appendix I. The Owner shall clean and maintain the facility or channel as required to ensure proper operation as required by law or regulation. Where Dedicated Stormwater Facilities are in easements, the Owner of the Property is responsible for maintenance of such easements including lawn mowing, litter pick-up, pest control, removal of blockages and encroachments, etc. The Owner shall place no structures or plantings that interfere with the Stormwater Facility or its operation and maintenance. Section Six. Rules and Regulations. In order to accomplish the purpose of this Ordinance to protect the Stormwater System within the District, to secure the best results from the construction, operation, and maintenance thereof, and to prevent damage and misuse of any of the Drainage Facilities, improvements, or properties within the District, the Executive Director may make and enforce rules and regulations that are necessary and reasonable: (A) To prescribe the manner in which storm sewers, ditches, channels, and other Stormwater Facilities are to be designed, installed, adjusted, used, altered, maintained, replaced, or otherwise changed. (B) To prescribe the manner in which Stormwater Facilities are operated. (C) To facilitate the enforcement of this Ordinance. (D) To protect the Stormwater System, and to prescribe the manner of its use by any public or private person, firm, or corporation, 103 (E) To protect the public health, safety, and welfare. Section Seven. Permits and Plan Review. All plans and designs for all Stormwater Facilities within the boundaries of the District shall be submitted for approval, revision or rejection by the District pursuant to the Plan, applicable Ordinances and the District Stormwater Design Standards. Except as preempted or otherwise delegated by EPA or MDNR, the District shall provide all stormwater plan and design review, permit control and construction inspection. Section Eight. Stormwater Service Charge Policy. Stormwater Service Charges will be imposed on all Property served by the Stormwater System within the District, whether public or private. Section Nine. Stormwater Service Charges. Beginning with the Effective Date of this Ordinance, the District shall impose the Stormwater Service Charges as shown in Appendix II. Section Ten. Billing. All bills for Stormwater Service Charges shall be prepared by the District and shall be issued monthly for services provided in the preceding month. The issuance of any monthly bill may be delayed by the District for good cause. The Stormwater Service Charges shall be billed to the Owner of the Property or to the Person billed by the District for Stormwater Service Charges for such Property. Such Stormwater Service Charges shall also constitute a personal obligation of both the Owner and any User of the Property regardless of to whom the bill for Stormwater Service Charges is sent and shall constitute a charge and a lien against the Property served. For the District's convenience, all Stormwater Service Charges may be combined with any other charges of the District, and all such charges may be billed together. In the event of a change in Owner or User of Property during a billing period, application may be made to the Director of Finance of the District for a refund or prorating of Stormwater Service Charges for such billing period. In the event stormwater services are being provided to any parcel of real property and said parcel is being under -billed or is not being billed at all, the District shall have the authority to charge the owner of said parcel retroactively for a period not to exceed one and one-half (1%) years from the date of discovery. In the event said parcel is being over -billed by the District, and the current owner of said parcel can verify such over- billing, then the District shall refund the current owner of the parcel any amount verified to be overpaid by said owner. Section Eleven. Charge for Late Payments. On or after July 1, 2009, any Stormwater Service Charges billed that are not paid by the due date indicated on any bill rendered shall bear a late payment charge equal to three -fourths of one percent (0.75%) per month, or nine percent (9%) per annum, of the amount of the bill rendered and is herby imposed for each month or portion thereof that the bill remains unpaid beyond the due date. Section Twelve. Stormwater Service Charges Constitute a Lien. The Stonvater Service Charges shall constitute a lien upon the Property served on the date a bill is rendered for Stormwater Service, and said lien shall have the same priority as taxes levied for state and county purposes. The District may cause a notice of lien for non-payment of such charges to be filed in the Office of the Recorder of Deeds within and for the City of St. Louis or St. Louis County, depending upon where such Property served is located. Such notice of lien shall state the amount of the delinquent Stormwater Service Charges, and shall adequately describe the Property against which such lien is asserted. A copy of such notice of lien shall be mailed to the Owner of the Property at the last address on file with the 144 District and the filing of such notice in the Office of the Recorder of Deeds may be deferred as a matter of grace for not more than thirty (30) days from the mailing date. All Stormwater Service Charges that remain unpaid shall bear interest at a rate not to exceed the lower of nine percent (9%) per annum or the maximum legal rate from the time a notice of lien is filed with the appropriate recorder of deeds as herein prescribed, until such time as the account is closed. After such notice of lien is filed of record, the fees of the Recorder for filing and releasing said lien shall also be payable to the District as a prerequisite to releasing said lien. Section Thirteen Termination of Service for Nonpayment. When any Stormwater Service Charge has not been paid and has been delinquent for a period in excess of three months, the District is authorized to order the water supply to be shut off for the Property for which the Stormwater Service Charge is delinquent or to remove or close any sewer connections, or both, until payment of the delinquent charge together with the reasonable costs involved in shutting off and turning on the water, or closing and reopening the sewer connection, as the case may be, have been paid. When any Stormwater Service Charge has not been paid and has been delinquent for more than fifteen days after the due date, then the District may refuse to issue to the Owner and/or User a permit to connect any other Property owned or controlled by said Owner and/or User to the Wastewater System or Stormwater System; or may refuse to review any plans submitted by or on behalf of such Owner and/or User, or issue any permits requested by or on behalf of such Owner and/or User; or refuse to act on any easement vacation request by or on behalf of such Owner and/or User; or refuse to contract for any purpose with or accept Wastewater or Stormwater from any such Owner and/or User. Section Fourteen Remedies. Whenever any charge is unpaid after ninety days from the date the bill for such charges was rendered, then the amount overdue may be collected by any or all of three procedures: (A) by assignment to a collection agency; or (B) by suit or other proceedings in any court of competent jurisdiction; or (C) by enforcement of the lien provided herein. The District shall have the power to sue any Owner and/or User, jointly and severally, in a civil action to recover delinquent charges plus the late payment charge and interest on the delinquent bill, plus all costs incurred by the District in connection with the filing and enforcement of such lien and the prosecution and collection of such charges including court costs, fees for transcript judgments, special process servers, credit reports, video reports, sewer and/or water shutoff costs, other related fees, and reasonable attorney's fees to be fixed by the court, Section Fifteen. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would tend to reduce Stormwater Service Charges imposed by the District. Section Sixteen. Violation of Ordinance. Any Person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50.00 nor more than $500.00, and each day's violation shall constitute a separate offense. The imposition of such penalty shall in no way restrict or deprive the District of its right to pursue any other remedy it may have for the collection of any delinquent bill for Stormwater Service Charges. 105 Section Seventeen. Stormwater Service Charge Review. The Board shall regularly review the Stormwater Service needs of the District and Stonnwater Service Charges, usually as part of a Rate Proposal from the Rate Commission, to assure the appropriateness of the Stormwater Service Charges. Section Eighteen. Notice of Rates. All Owners of Property served by the Stormwater System shall be notified at the time of a rate increase as to the rate schedule in effect. Section Nineteen. Application of Revenues. All revenues billed and collected from Stormwater Service Charges shall be segregated, credited and deposited into a Stormwater Revenue Fund established and maintained by the Director of Finance of the District, and shall be used solely to pay for the costs of providing Stormwater Service. Section Twenty. Appeals. Any Person who considers the Stormwater Service Charges billed to such Person pursuant to the provisions of this Ordinance to be illegal, inaccurate or erroneous may request a review thereof by the Director of Finance or his designate. The results of any appeal shall be applied starting on the date of receipt of the appeal by the District. The determination of the Director may be appealed by such Person to the Executive Director, by written notice of appeal filed with the Director of Finance within thirty (30) days of his determination. The determination by the Executive Director shall be considered a final order of the District. Section Twenty -One, Judicial Review. Any Person or Persons jointly or severally aggrieved by any final order of the Executive Director of the District may seek judicial review of such decision pursuant to the procedures set forth in Section 12.110 of the Districts Plan. Section Twenty -Two. Adjustment Review Committee. A committee, to be known as the Adjustment Review Committee (ARC), is hereby established and shall meet, at minimum, once a month to conduct its business. The ARC shall be comprised of the voting members which are the District's Director of Finance, Assistant Director of Finance, the Secretary -Treasurer, and General Counsel. Non -voting members are the Accounts Receivable Manager and Audit Adtninistrator. On a monthly basis, the ARC shall review and properly record in the minutes all prior monthly billing adjustments as approved and presented by the Accounts Receivable Manager. These billing adjustments may result from but are not limited to; misapplied payment, transfer of balance due to bankruptcy notice, new occupant, bank encoding error, or water back-up. All write-offs or settlements of accounts shall require a majority of the ARC voting members to meet and discuss before approval. No write-off or settlement in excess of Five Thousand Dollars ($5,000.00) and less than Twenty-five Thousand Dollars ($25,000.00) shall be effective unless reviewed and approved by three (3) out of the four (4) voting members of the ARC. Any write-off or settlement greater than Twenty-five Thousand Dollars ($25,000.00) shall require Finance Committee approval or ratification. The suspension of these rules may occur when a time constraint exists and a decision must be made before the next scheduled meeting, or a situation exists from, but not limited to; foreclosure, sheriff or county tax sale, Land Reutilization Authority, Land Clearance for Redevelopment Authority, or discharged bankruptcy. In these instances, no settlements or write-offs in excess of Five Thousand Dollars ($5,000.00) shall be effective unless reviewed and approved by three (3) out of four (4) voting members of the ARC on an individual basis or at a special meeting as requested by any of the ARC members. All such instances will be reported at the next regularly scheduled meeting of the ARC and recorded in the minutes. ARC activity will be reported to the Board's Finance Committee on a monthly basis. 106 The committee shall perform any other such duties relating to billing and collection policies. Such duties shall be reported to the Executive Director and Board of Trustees. Section Twenty -Three. Severability. The Board hereby declares that if any section, part, sentence or clause of this Ordinance is held invalid, such invalidity shall not affect the remainder of this Ordinance, the Board hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. Section Twenty -Four. Emergency Clause. The services as provided for herein are essential to the operation of the District, and enacted without delay, thus creating an emergency within the meaning of the Charter. Accordingly, this ordinance shall take effect immediately upon its enactment. The foregoing Ordinance was adopted August 12, 2010. 107 APPENDIX I THE METROPOLITAN ST. LOUIS SEWER DISTRICT STATEMENT OF POLICY FOR MAINTENANCE OF STORMWATER SEWER SYSTEMS AND FACILITIES The following summarizes the District's current policy on Stormwater System Maintenance. A. Unimproved Channels The District will remove debris, trees, brush, and weeds that significantly obstruct the flow in the channels. Priority will be given to blockages that are in evidence and/or reported causing major flooding. B. Improved Channels The District will remove debris, trees, brush, silt, and weeds that significantly obstruct the flow in the channel. The structural integrity of the channel bottoms and sides shall be maintained. C. Storm Sewers (Enclosed Systems) The District will clean and maintain all public storm sewers (enclosed systems) that have been dedicated to and accepted by the District for operation and maintenance. D. Road Culverts and Bridges The District will not maintain road culverts andlor bridges. This responsibility belongs to the agency or individual that has jurisdiction over the roadway. The District will maintain a road culvert which was installed by the District as an integral part of the storm sewer system. E. Driveway Culverts The District will not maintain any driveway culverts. F. Missouri State Highway Department The District will not maintain any storm sewers located on State Highway right-of-way, unless they are an integral part of an accepted storm system. 108 G. Road Wets The District does maintain road inlets on systems dedicated and accepted by the District. H, Trench Drains The District does not maintain trench drains. I, Roadside Ditches or Gutters The District will not maintain roadside ditches or gutters. This responsibility belongs to the agency or individual that has jurisdiction over the roadway. J. Bars Over Inlets The District does not allow bars, grating, screens, or any other obstructions to flow to be placed in front of inlets or pipe openings. K. Weeds The District only cuts weeds on property owned by the District. The District does not cut weeds on easements. L. Swales Yard swales will not be maintained by the District, M. Fences The District will maintain fences along improved stormwater channels that were installed in the concrete sides of the channel or installed by the District as an integral part of an improvement. N. Retention and Detention Basins The District does not maintain retention or detention basins, O. Sink Holes The District shall not maintain sink holes, but will maintain the structures over the sink hole if it is a public system. In the event a dispute arises as to whether a particular stormwater sewer system or facility or any part thereof should be maintained, repaired, or replaced by the District pursuant to this policy, the decision of the Executive Director shall be final. Any person or persons jointly or severally aggrieved by such decision may appeal such decision in the manner provided for in Section 12.110 of the District's plan. 109 APPENDIX II Charge Beginning August 1, 2010 ALL PROPERTIES WITI N MSD BOUNDARIES (per Month) Single Family and Commercial - Monthly Charge (per account) $0.24 Multi -Family - Monthly Charge (per unit) $0.18 110