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HomeMy Public PortalAbout07236 ORDINANCE NO. 7236 AN ORDINANCE ESTABLISHING NEW SEWER SERVICE CHARGES FOR THE METROPOLITAN ST. LOUIS SEWER DISTRICT AND CALLING AN ELECTION TO BE HELD NOVEMBER 3, 1987 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT A PROPOSAL TO APPROVE SUCH NEW SEWER SERVICE 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 and pursuant to Section 3.020(1) of the Plan of the District adopted by the voters within the District for its government (the "Plan"), 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 prevention 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 "Clean Water Act") and the Missouri Clean Water Law, Chapter 644 R.S.Mo. (1986) (the "Missouri Clean Water Law"), the stated objectives of which are to restore and maintain the chemical, physical, and biological integrity of the nation's and the state's waters; and WHEREAS, the District is authorized under the provisions of Article VI, Section 30 of the Missouri Constitution and the Plan to issue and sell revenue bonds for the purpose of paying all or part of the cost of acquiring, constructing, improving or extending sewer or drainage facilities (collectively the "system") of the District; and WHEREAS, pursuant to such authority, a special election was held in the District on Tuesday, August 7, 1984, at which more than four-sevenths of the qualified electors of the District voting on the question voted in favor of the issuance of sewerage system revenue bonds for the purpose aforesaid; and WHEREAS. on March 13, 1985, the Board of Trustees of the District (the "Board") adopted Ordinance No. 5919 (the "Bond Ordinance") authorizing the issuance of $8,600,000 in principal amount of its Adjustable Rate Limited Tender Option Clean Water Revenue Bonds, Series A 1985 (the "Bonds") and the District issued said Bonds pursuant to said Bond Ordinance; and WHEREAS, in order to comply with the Bond Ordinance 2 covenants and the rules and regulations of the United States Environmental Protection Agency, the Board adopted a rate ordinance, Ordinance No. 5921 (the 1985 Rate Ordinance") on March 13, 1985 and a second rate Ordinance, Ordinance No. 6576 (the "1986 Rate Ordinance") on May 28, 1986; and WHEREAS, on April 14, 1987 the Missouri Court of Appeals, Eastern District. held that the District lacks the authority to issue revenue bonds on a district-wide basis under the Plan as currently written and that the Bonds are therefore invalid; and WHEREAS, on July 14, 1987 the Missouri Supreme Court refused to accept transfer of the case invalidating the Bonds; and WHEREAS, the District has entered into a Consent Decree dated July 21, 1987 (the Consent Decree) with the State of Missouri obligating the District to undertake a program consisting of the modification of certain sewer and drainage facilities within the District to achieve and maintain compliance with the Clean Water Act, the Missouri Clean Water Law and the District's National Pollutant Discharge Elimination System Permits issued by the State of Missouri; and WHEREAS, the validity of the 1985 and 1986 Rate Ordinances, which were adopted, in part, to comply with covenants contained in the Bond Ordinance, has been challenged because of the invalidity of the Bonds; and WHEREAS, pursuant to the Clean Water Act, the District is obligated to maintain uniform user charges throughout the District in addition to charges levied for the payment of debt service on outstanding revenue bonds, if any; and WHEREAS, the Board has determined that modification of the District's rates, fees and charges, as proposed in this Ordinance, is necessary and appropriate to establish uniform sewer service charges throughout the District, in addition to charges levied for the payment of debt service on outstanding subdistrict revenue bonds, if any, and to maintain, operate and reconstruct the sewer and drainage facilities of the District as a comprehensive sewer and drainage system; and WHEREAS, Article X, Section 22(a) of the Missouri Constitution prohibits political subdivisions from increasing the current levy of an existing tax, license or fee without the approval of the required majority of the qualified voters of the political subdivision voting thereon; and WHEREAS. the Board does hereby find and determine that the adoption of this ordinance is in the public interest of the 3 District and its residents, will further the purposes of the District, is necessary to enable the District to operate its system on a sound basis, and is required by the Clean Water Act, the Missouri Clean Water Law, the Consent Decree, the District's grant agreements and the rules and regulations of the United States Environmental Protection Agency; 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 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: "Application" means the filing of a request by the Owner of Residential Property for a change in the basis of billing. "Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter in 5 days as determined by Standard Methods and expressed in milligrams per liter. "Board" means the Board of Trustees of the District. "Charges" means all Sewer Service Charges, Debt Service Charges, Monitoring Costs and any other charges imposed for the services of the District. "Chemical Oxygen Demand" or "COD" means the quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter as determined by Standard Methods and expressed in milligrams per liter. "Commercial/Industrial Property" means all Property other than Residential Property. "Debt Service Charges" means that portion of the Charges for services provided by the District which is levied for payment of debt service on outstanding District or subdistrict revenue bonds, if any, and not Considered part of the Sewer Service Charge. "District" means The Metropolitan St. Louis Sewer District. "Drainage Facility" means any system of artificially constructed drains, including open channels and separate stormwater sewers used to convey stormwater, surface water or 4 groundwater, either continuously or intermittently to natural watercourses. "Emergency Charge" means that portion of the Sewer Service Charges levied for the payment of the cost of emergency repairs and replacements of the System and consists of the Sewer Service Charge less the User Charge. "Monitoring Costs" means the Schedule of Monitoring Costs referred to in Section 4 of this Ordinance as the same may be established from time-to-time by the Board. "Multi-family Residence" means Residential Property which consists of a dwelling under one roof for occupancy by more than one family, including but not limited to, flats, apartments, condominiums, and the like. "Normal Wastewater" means waters or wastes having (a) a 5-day Biochemical Oxygen Demand (BOD) not greater than 300 milligrams per liter; (b) containing not more than 350 milligrams per liter 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 as from time to time amended. "Owner" or "Owners" means both the owner or owners of record of Property in the office of the respective Recorders of Deeds for the City of St. Louis or for St. Louis County, Missouri, and the beneficial owner as well. "Person" means any individual, firm, proprietorship. partnership, company, municipality, association, society. corporation, group, or other entity. "Property" means a lot or parcel of real property, whether public or private, which is Served by the System. "Residential Property" means Property used only for human residency. "Served" refers to Property with an active sewer connection, either directly or indirectly, to a sanitary or Drainage Facility owned or operated by the District and lying within the District, or to Property which otherwise discharges wastewater directly or indirectly into such facilities, or if the discharge of such substances therefrom ultimately enters said facilities. "Sewer Service Charges" means those charges to be imposed as provided in Section 3 of this Ordinance and consists of 5 the sum of the User Charge and the Emergency Charge. "Sewer Use Ordinance" means Ordinance No. 4786 of the District, adopted August 11, 1982, as from time to time amended "Single Family Residence means Residential Property used as a dwelling by one family only. "Standard Methods" means the latest edition of "Standard Methods for the Examination of Water and Wastewater" as published jointly by The American Public Health Association, The American Water Works Association, and The Water Pollution Control Federation. "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. "Surcharges" means the surcharges imposed by Section 3(2)(B) of this Ordinance. "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 nonfilterable residue, in accordance with Standard Methods and expressed in milligrams per liter. "System" means the entire sewer and drainage system owned and operated by the District for the collection, storage, handling, and treatment of Wastewater, for the collection, storage, handling and treatment of Stormwater, and combined sewers for the collection, storage, treatment and handling of Wastewater and Stormwater 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. "Toxic Pollutants" means any substance whether gaseous, liquid or solid which, when discharged to a Wastewater system or watercourse in sufficient quantities, interferes with or passes through any wastewater treatment process, or constitutes a hazard to human beings, animal life, plant life, or inhibits aquatic life. "Unit" means the portion of a Multi-family Residence occupied by one family. 6 "User" means the occupant, or Owner of any Property. the Person holding a permit for water service to any Property, or any Person Served by the System. "User Charge" means that portion of the Sewer Service Charges of the District which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the System in accordance with the requirements of the United States Environmental Protection Agency and the Missouri Department of Natural Resources. "Wastewater" means the water-borne wastes emanating from Residential Property or Commercial/Industrial Property, together with such groundwater. surface water, or Stormwater as cannot be avoided. Section Two. Establishment of New Sewer Service Charges. There are hereby established Sewer Service Charges for services provided by the District and any Property served by the System as set forth in Appendix 1 effective as of December 1, 1987. All such Sewer Service Charges shall be in addition to any applicable Debt Service Charges. Section Three. Sewer Service Charges. (1) Residential Property. (A) Sewer Service Charges are hereby levied and shall be collected from all Residential Property according to Schedule A as set forth in Appendix 1. Such Sewer Service Charges shall be in addition to any applicable Debt Service Charges. (B) The District shall have the power to enter on any Residential Property for the purposes of examining the use made of its System, the number and kind of plumbing fixtures connected with such System, and the number of Persons Served by such System. When such examination gives reason to believe that the usage of water on such Residential Property places a burden on the System in excess of that which is placed by other Residential Property, then the Wastewater discharged from such Residential Property shall be measured, at the expense of the User, by a water meter or meters or by a sewage flow meter or meters. If such measurement shows that the flow of Wastewater is excessive, Sewer Service Charges for such Residential Property shall be levied and collected according to Schedule B as set forth in Appendix 1. (C) A Residential Property User who currently has, or will install at his expense with the approval of the appropriate public water supplier, a water meter or meters or a sewage flow meter or meters, may make Application requesting that Sewer Service Charges for such Residential Property User be levied and 7 collected according to Schedule B as set forth in Appendix 1. Applications shall be in writing on forms provided by the District. A Residential Property User electing to be charged Sewer Service Charges according to Schedule B shall not ever again be charged according to Schedule A until and unless there is a new Owner who may make Application to the District for a return to billing under Schedule A. All Residential Property electing to be charged Sewer Service Charges according to Schedule B shall also be subject to extra strength surcharges as set forth in Section 3(2)(B), if applicable. (2) Commercial/Industrial Property. (A) Sewer Service Charges are hereby levied and shall be collected from all Commercial/Industrial Property according to Schedule B as set forth in Appendix 1. Such Sewer Service Charges shall be in addition to any applicable Debt Service Charges. (B) Surcharges for the treatment of wastes containing Suspended Solids. Biochemical Oxygen Demand or Chemical Oxygen Demand exceeding Normal Wastewater are hereby levied or ratified at the rates established in Appendix 1, and they shall be collected in addition to the charges imposed by Subsection (A) hereof as provided below. (i) A User shall only be subject to Surcharges in any month if that User's water usage in such month equals or exceed eight thousand cubic feet. (ii) Each User subject to 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 System or into any sewer connected thereto. The data set forth in such statement shall be obtained from samples collected in accordance with standard 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 accepted analytical procedures. (iii) 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 and 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. A Surcharge shall be collected from any User subject to 8 Surcharges as provided in (i) above for the discharge into the System of Suspended Solids (SS) whose average concentration exceeds 350 milligrams per liter or Biochemical Oxygen Demand (BOD) whose average concentration exceeds 300 milligrams per liter, with said Surcharge calculated for each billing period according to the following formula, to-wit: 0.00624 x V Surcharge = x [(SS-350) x RSS - (BOD-300) x RBOD] 2000 Where the BOD/COD ratio of a User s Wastewater is equal to or less than 0.35, generally indicating that the BOD measurement may not be considered representative of the User's actual Wastewater strength, the District may substitute COD measurements and the Surcharge will be calculated for each billing period according to the following formula, to-wit: 0.00624 x V Surcharge = x [(SS-350) x RSS + (COD-600) x RCOD] 2000 In the above formulas the following terms shall mean: 350 = Concentration of total Suspended Solids in Normal Wastewater in milligrams per liter. 300 = Concentration of total BOD in Normal Wastewater in milligrams per liter. 600 = 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 = Unit charge for SS in dollars per ton. RBOD = Unit charge for BOD in dollars per ton. RCOD = Unit charge for COD in dollars per ton. 2,000 = The number of pounds per ton. All Surcharges shall be calculated separately for each Property using the Wastewater flow proportioned average strength concentration for each strength parameter and the water usage data for the billing period. 9 (C) In the event Commercial/Industrial 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 within forty-five days of the Effective Date of this Ordinance, if not presently so registered. and if the supply 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 water meters on all sources meeting the standards of meters used by the City of St. Louis Water Division or the St. Louis County Water Company and otherwise satisfactory to the District, and the quantity of water used to determine the Sewer Service Charge shall be the quantity as measured by the single meter or the sum of the quantities measured by the several meters. Whenever a new supplier or source of water other than a public water supplier shall be put into use after the Effective Date of this Ordinance by Commercial/Industrial Property, such source of water shall be registered with the Director of Finance of the District within thirty days. (D) Where it can be shown to the satisfaction of the District that a portion of the water as measured by the water meter or meters does not enter the 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 meter which enters the System. In such case, Sewer Service Charges shall be based upon the percentage of the metered water entering the System. Additional meters may be required or permitted at the User's expense in such manner as to measure the quantity of water actually entering the System from the Property of such User, and the quantity of water used to determine the Sewer Service Charge shall be the quantity of water actually entering the System as so determined. Applications requesting consideration for a reduction in the Sewer Service Charge, because of water not entering the System, shall be made to the Director of Finance of the District, on forms provided by the District. Section Four. Monitoring Reports. When the Sewer Use Ordinance of the District or regulations of the federal government or state government require periodic monitoring of Wastewater from Commercial/Industrial Property, whether for strength calculations, for National Pollutant Discharge Elimination System compliance, or for pretreatment program requirements, the User of such Property monitored shall furnish 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 10 information required by the District on forms supplied by the District. As an alternative to furnishing 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 and equipment used to collect and analyze samples from the User's Wastewater in accordance with the Schedule of Monitoring Costs. 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 System. Sampling and analysis undertaken for purposes other than required periodic monitoring shall not be billed for Monitoring Costs 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. Toxic Pollutants. Any User which discharges any Toxic Pollutants which cause an increase in the cost of managing the effluent or sludge from the System shall pay for such increased costs. Section Six. Billing. Bills for Charges shall be prepared by the District and shall be issued monthly, quarterly by cycle, or semi-annually by cycle. Quarterly bills for the three month period from January 1 through March 31 shall be issued in January, February or March. Quarterly bills for the period April 1 through June 30 shall be issued in April, May or June. Quarterly bills for the period July 1 through September 30 shall be issued in July, August or September. Quarterly bills for the period October 1 through December 31 shall be issued in October, November or December. Semi-annual bills for the period January 1 through June 30 shall be issued in January, February, March, April, May or June. Semi-annual bills for the period July 1 through December 31 shall be issued in July, August, September, October, November or December. The issuance of any monthly, quarterly and semi-annual bills may be delayed by the District for good cause. The Charges shall be billed to the Person or Persons holding a permit for or who is liable for water service to the Property. Such Charges shall also constitute a personal obligation of any User of the System and shall constitute a charge and lien against the Property. 11 For the District's convenience, all individual Charges may be combined and Sewer Service Charges may be combined with any other charges of the District or its service areas, and all such charges may be billed together. Section 3(1)(C) allows for Residential Property to be charged Sewer Service Charges in accordance with Schedule A or Schedule B. Upon receipt of an "Application for Change in Billing Basis for Residential Property", the change in billing will take effect in the next designated billing period, but not before January 1, 1988. Section Seven. Charge for Late Payments. If any Charges billed are not paid by the due date indicated on any bill rendered, then an additional late payment charge equal to fifteen percent (15%) of the amount of the bill rendered is hereby imposed and shall be a lien on the Property and shall be collected along with the Charges. Unpaid Charges shall also bear interest at the rate of nine percent (9%) per annum when unpaid six (6) months beyond the due date, including such charge for late payment. Section Eight. Charges a Lien. The Charges shall constitute a lien upon the Property Served by the System on the date a bill therefor is rendered. The Director of Administration of 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, as the case may be. Such notice of lien shall state the amount of the delinquent Charges and shall adequately describe the Property against which such lien is asserted. If the Director of Administration of the District so directs, a copy of such notice of lien may be mailed to the reputed Owner of the Property charged 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 fifteen days from the mailing date. Such lien upon the Property Served shall have priority over all other such liens including taxes, deeds of trust whether of record or not, and prior judgments. 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 pre-requisite to releasing said lien. Section Nine. Termination of Service for Non-Payment. Where any Charge has not been paid and has been delinquent for a period of six months, the District shall have the right to order the water supply to be shut off for the Property for which the Charge is delinquent or to remove or close any sewer connections, or both, until payment of the delinquent charge together with the 12 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 Charge has not been paid and has been delinquent for more than fifteen days after the due date, then the District may refuse to the User a permit to connect any other Property belonging to said User to the System; or may refuse to have a review made of any plans submitted by or on behalf of such User, as required by District ordinances; or refuse to contract for any purpose with or accept Wastewater from any such User. Section Ten. Remedies. Whenever a Charge is unpaid after thirty days from the date the bill for such charges was rendered, then the amount overdue may be collected by either or both of two procedures: (A) by suit or other proceedings in any court of competent jurisdiction; and (B) by enforcement of the lien provided herein. The District shall have the power to sue any User, jointly or severally, in a civil action to recover delinquent Charges plus the late payment charge and interest on the delinquent bill, plus a reasonable attorney's fee to be fixed by the court. Any funds owed by the District to any Person for any reason may be used by the District as a set-off against any amounts owed by the Person to the District, whether delinquent or not. The overpayment by any Person of any Charges made by the District, shall be available and may be used by the District as a set-off of any unpaid or delinquent Charges against such Person. A Credit Committee is hereby established to monitor credit and collection activities and policies of the District. Said Credit Committee shall be comprised of the Directors of Administration and Finance, the Assistant General Counsel, and the Secretary-Treasurer of the District. Section Eleven. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would tend to reduce Charges imposed by the District. Section Twelve. Violation of Ordinance. Any Person violating any of the provisions of this Ordinance shall be deemed 13 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 wise 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. Rate Review. The Charges, including the User Charge and the Emergency Charge, shall be reviewed and, to the extent allowed by law, adjusted by the Board at least biennially to: (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 to cover debt retirement of the System, including revenues and reserves which are necessary to comply with covenants contained in ordinances pursuant to which any bonds of the District have previously been or may in the future be issued. Section Fourteen. Debt Service Charges, User Charges and Other Charges. The Charges of the District shall be divided on the books and records of the District into Debt Service Charges, User Charges and Emergency Charges and into such other categories as may be necessary to comply with the requirements of the United States Environmental Protection Agency and the Missouri Department of Natural Resources, and as may be useful in the preparation of accounting and financial statements and reports; provided, however, that in any subdistrict having outstanding revenue bonds, the charges collected in such subdistrict shall, if required by the ordinance (the "Bond Ordinance") pursuant to which such revenue bonds were issued, be set aside for, allocated to, deposited in the accounts and expended, all as provided in such Bond Ordinance. Section Fifteen. Notice of Rates. All Users of the System shall be notified at least annually in conjunction with a regular billing for Charges as to: (A) the rate schedule in effect; and (B) that part of Charges attributable to Wastewater services and the User Charge portion thereof. Section Sixteen. 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 14 District, and shall be deposited in duly designated bank accounts, and such moneys may be appropriated and used for the purposes of the District. Section Seventeen. Collection Offices. Collection offices may be established at convenient locations throughout the District. The Secretary-Treasurer 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 Eighteen. Election. That a special election be, and the same is, hereby ordered to be held in the District, on Tuesday, November 3, 1987, for the purpose of submitting to the qualified voters of the District the following proposition: PROPOSITION [ ] Shall Ordinance No. _________ of The Metropolitan St. Louis Sewer District which provides for increased sewer service charges to be collected from all the real property served by the sewer or drainage facilities under the jurisdiction of the District, be approved? Such charges shall be in addition to any applicable charges for the payment of debt service on any outstanding revenue bonds and are to be used to operate, maintain, replace and repair the sewer and drainage systems and facilities of the District as a comprehensive sewer and drainage system. The schedule of sewer service charges set forth in the Ordinance is as follows: SEWER SERVICE CHARGES RESIDENTIAL SEWER SERVICE CHARGES Single Family $4.55/month Multi-family $3.42/unit/month COMMERCIAL/INDUSTRIAL SEWER SERVICE CHARGES (all Users other than Residential) Base charge $4.69/month Volume charge All volume $0.30/100 cubic feet Extra strength surcharges if water usage equals or exceeds 15 8000 cubic feet per month: Suspended Solids (SS) over 350 mg/liter (Milligrams $94.10/ton per Liter) Biochemical Oxygen Demand (BOD) over 300 mg/liter (Milligrams $50.00/ton per Liter) Chemical Oxygen Demand (COD) over 600 mg/liter (Milligrams $25.00/ton per Liter) Section Nineteen. Notification of Authorities. That the Board of Election Commissioners for the City of St. Louis and the Board of Election Commissioners of St. Louis County shall conduct the special election. Not later than 5:00 P.M. on the eighth Tuesday prior to the election, the Secretary-Treasurer of the District is hereby directed to notify the Board of Election Commissioners for the City of St. Louis and the Board of Election Commissioners of St. Louis County of the special election. The notice shall be in writing and shall specify the name of the officer or agency calling the election and shall include a certified copy of the legal notice to be published in connection with the election. Section Twenty. Election Notice. That notice of the special election shall be given by causing legal notice thereof to be published in the manner required by applicable law, and particularly by the Comprehensive Election Act of 1977 (Chapter 115, Revised Statutes of Missouri, as amended) and by Section 10.010 of the Plan. The legal notice of the election shall be in substantially the following form: NOTICE OF SPECIAL ELECTION Notice is hereby given to the qualified voters of The Metropolitan St. Louis Sewer District that the Board of Trustees of the District has called a special election to be held in the district on Tuesday, November 3, 1987, commencing at 6:00 o'clock A.M. and closing at 7:00 o'clock P.M., on the question contained in the following sample ballot. (SAMPLE BALLOT) OFFICIAL BALLOT SPECIAL ELECTION METROPOLITAN ST. LOUIS SEWER DISTRICT TUESDAY, NOVEMBER 3, 1987 16 INSTRUCTIONS TO VOTERS To vote in favor of the proposition submitted upon this ballot place a cross (X) mark in the square opposite the word "YES"; and to vote against the proposition submitted upon this ballot, place a cross (X) mark in the square opposite the word "NO". PROPOSITION [ ] Shall Ordinance No. __________ of The Metropolitan St. Louis Sewer District which provides for increased sewer service charges to be collected from all the real property served by the sewer or drainage facilities under the jurisdiction of the District, be approved? Such charges shall be in addition to any applicable charges for the payment of debt service on any outstanding revenue bonds and are to be used to operate, maintain, replace and repair the sewer and drainage systems and facilities of the District as a comprehensive sewer and drainage system. The schedule of sewer service charges set forth in the Ordinance is as follows: SEWER SERVICE CHARGES RESIDENTIAL SEWER SERVICE CHARGES Single Family $4.55/month Multi-family $3.42/unit/month COMMERCIAL/INDUSTRIAL SEWER SERVICE CHARGES (all Users other than Residential) Base charge $4.69/month Volume charge All volume $0.30/100 cubic feet Extra strength surcharges if water usage equals or exceeds 8000 cubic feet per month: Suspended Solids (SS) over 350 mg/liter (Milligrams $94.10/ton per Liter) Biochemical Oxygen Demand (BOD) 17 over 300 mg/liter (Milligrams $50.00/ton per Liter) Chemical Oxygen Demand (COD) over 600 mg/liter (Milligrams $25.00/ton per Liter) [ ] YES [ ] NO The election will be held and conducted by the Board of Election Commissioners for the City of St. Louis and by the Board of Election Commissioners of St. Louis County under the general election laws governing the District and said election will be held in each voting precinct in the District and at the place designated therein by the Board of Election Commissioners for the City of St. Louis and by the Board of Election Commissioners of St. Louis County. DATED THIS ______DAY OF __________________________, 1987. BOARD OF ELECTION COMMISSIONERS FOR THE CITY OF ST. LOUIS By ______________________________ BOARD OF ELECTION COMMISSIONERS OF ST. LOUIS COUNTY By_______________________________ Section Twenty-one. Ballot. That the ballot to be used at the special election shall be in substantially the following form, with such changes therein as shall be appropriate in the event other propositions shall be submitted at the election: OFFICIAL BALLOT SPECIAL ELECTION METROPOLITAN ST. LOUIS SEWER DISTRICT TUESDAY, NOVEMBER 3, 1987 INSTRUCTIONS TO VOTERS: To vote in favor of the proposition submitted upon this ballot place a cross (X) mark in the square opposite the word "YES"; and to vote against the proposition submitted upon this ballot, place a cross (X) mark in the square opposite the word "NO". 18 PROPOSITION [ ] Shall Ordinance No. ______________ of The Metropolitan St. Louis Sewer District which provides for increased sewer service charges to be collected from all the real property served by the sewer or drainage facilities under the jurisdiction of the District, be approved? Such charges shall be in addition to any applicable charges for the payment of debt service on any outstanding revenue bonds and are to be used to operate, maintain, replace and repair the sewer and drainage systems and facilities of the District as a comprehensive sewer and drainage system. The schedule of sewer service charges set forth in the Ordinance is as follows: SEWER SERVICE CHARGES RESIDENTIAL SEWER SERVICE CHARGES Single Family $4.55/month Multi-family $3.42/unit/month COMMERCIAL/INDUSTRIAL SEWER SERVICE CHARGES (all Users other than Residential) Base charge $4.69/month Volume charge All volume $0.30/100 cubic feet Extra strength surcharges if water usage equals or exceeds 8000 cubic feet per month: 19 Suspended Solids (SS) over 350 mg/liter (Milligrams $94.10/ton per Liter) Biochemical Oxygen Demand (BOD) over 300 mg/liter (Milligrams $50.00/ton per Liter) Chemical Oxygen Demand (COD) over 600 mg/liter (Milligrams $25.00/ton per Liter) [ ] YES [ ] NO Section Twenty-two. Polling Places. That said election shall be held at the polling places for the City of St. Louis, designated by the Board of Election Commissioners for the City of St. Louis and for St. Louis County designated by the Board of Election Commissioners of St. Louis County, said polling places to be set out in the final notice of said election published in accordance with the provisions of Section 115.127, Missouri Revised Statutes or mailed in accordance with the provisions of Section 115.129, Missouri Revised Statutes. Section Twenty-three. Conduct of Election. That the special election shall be held and conducted and the results thereof shall be canvassed in all respects in conformity with the Constitution and the laws of the State of Missouri. The judges of the election shall be selected and appointed by the Board of Election Commissioners for the City of St. Louis and by the Board of Election Commissioners of St. Louis County, in accordance with applicable law. The returns of the election shall be certified to the District by the Board of Election Commissioners for the City of St. Louis and by the Board of Election Commissioners of St. Louis County. Without limiting the generality of the foregoing and notwithstanding anything contained in this Ordinance or any other ordinance of the District to the contrary, the Secretary-Treasurer of the District and the Board of Election Commissioners for the City of St. Louis and the Board of Election Commissioners of St. Louis County be and hereby are authorized to take all action necessary or appropriate such that the special election shall be conducted in full compliance with the requirements of applicable law and particularly the Comprehensive Election Act of 1977 (Chapter 115, Revised Statutes of Missouri, as amended) and the Plan. Section Twenty-four. Severability. The Board hereby declares that if any section, part, sentence or clause of this 20 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-five. Prior Ordinances. The Board hereby ratifies and confirms Ordinance No. 6576 and the Service Charges established thereby, which Ordinance No. 6576 and such Service Charges shall be in effect until the effective date of the Sewer Service Charges adopted by this Ordinance whereupon the Sewer Service Charges adopted by this Ordinance and the provisions contained in this Ordinance relating thereto shall take the place of and supersede the provisions of Ordinance No. 6576 and all other 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. Section Twenty-six. Powers of District Hereunder. The provisions of this Ordinance and the power and authority granted hereby shall be applied and exercised by the District for itself and for its subdistrict and service areas. Section Twenty-seven. Effective Date. If approved by a majority of the qualified voters of the District voting at the special election called by this Ordinance, the Sewer Service Charges adopted by this Ordinance shall take effect on December 1, 1987. 21 APPENDIX 1 SEWER SERVICE CHARGES Schedule A RESIDENTIAL SEWER SERVICE CHARGES Single Family $4.55/month Multi-family $3.42/unit/month Schedule B COMMERCIAL/INDUSTRIAL SEWER SERVICE CHARGES (all Users other than Residential) Base charge $4.69/month Volume charge All volume $0.30/100 cubic feet Extra strength surcharges if water usage equals or exceeds 8000 cubic feet per month: Suspended Solids (SS) over 350 mg/liter (Milligrams $ 94.10/ton per Liter) Biochemical Oxygen Demand (BOD) over 300 mg/liter (Milligrams $ 50.00/ton per Liter) Chemical Oxygen Demand (COD) over 600 mg/liter (Milligrams $ 25.00/ton per Liter) The foregoing Ordinance was adopted August 20, 1987.