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HomeMy Public PortalAbout07237 ORDINANCE NO. 7237 AN ORDINANCE SUBMITTING TO THE QUALIFIED VOTERS OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT A PROPOSAL TO AMEND SUBDIVISION (15) OF SECTION 3.020, AND SECTION 7.150, OF THE PLAN OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, FOR THE PURPOSE OF ALLOWING THE QUALIFIED VOTERS OF THE DISTRICT OR OF A SUBDISTRICT TO AUTHORIZE THE ISSUANCE OF REVENUE BONDS TO MEET THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING OR EXTENDING ALL OR ANY PART OF THE SEWER OR DRAINAGE SYSTEMS AND FACILITIES OF THE DISTRICT OR THE SUBDISTRICT, AS MAY BE SET FORTH IN THE PROPOSITION SUBMITTED AT ELECTIONS FROM TIME TO TIME CALLED AND HELD TO AUTHORIZE THE ISSUANCE OF SUCH BONDS, SUCH BONDS TO BE PAYABLE FROM THE REVENUES DERIVED OR TO BE DERIVED FROM THE OPERATION OF THE SEWER AND DRAINAGE SYSTEMS AND FACILITIES OF THE ENTIRE DISTRICT OR OF THE SUBDISTRICT, AS THE CASE MAY BE. WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, a municipal corporation and a Political subdi-vision of the State of Missouri (herein called the "District), now owns and operates a revenue producing sewer and drainage system ("System") serving the District and its inhabitants; and WHEREAS, it is the duty and responsibility of the District under the Plan of The Metropolitan St. Louis Sewer District ("Plan"), approved by the voters of St. Louis and St. Louis County at a special election held on February 9, 1954, "To have jurisdiction, control, possession, and supervision of such sewer and drainage systems and facilities as are placed under its jurisdiction by the Provisions of this Plan, or may hereafter be placed under its jurisdiction in the manner herein provided; 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 to have all the rights, privileges, and jurisdiction necessary or proper for carrying such powers into execution;" and WHEREAS, the District desires to acquire, construct, improve and extend its System, and is required by a July 21, 1987, Consent Decree issued by the Circuit Court of the City of St. Louis, Missouri, to make certain extensions and improvements to its System or parts thereof; and WHEREAS, a special election was held in the District on August 7, 1984, at which the qualified voters of the District authorized the District to issue revenue bonds of the District in the amount of $60,000,000 for the Purpose of extending and improving the System, the cost of operation and maintenance of said System and the principal of and interest on said revenue bonds to be payable solely from the revenues derived by the District from the operation of its System, including all future 2 extensions and improvements thereto; and WHEREAS, on March 13, 1985, the Board of Trustees of the District ("Board") adopted Ordinance No. 5919 authorizing the issuance of $8,600,000 in principal amount of its Adjustable Rate Limited Tender Option Clean Water Revenue Bonds, Series A 1985 ("Bonds"), and issued the Bonds pursuant thereto; and WHEREAS, in an opinion filed on April 14, 1987, the Missouri Court of Appeals for the Eastern District, En Banc, held that Subdivision (15) of Section 3.020 of the District's Plan "clearly precluded the issuance of MSD's bonds," since they were payable from the revenues from the District's entire System, and not solely from the revenues derived or to be derived from the facilities to be constructed or improved using the proceeds of the Bonds; and WHEREAS, the said decision of the Missouri Court of Appeals for the Eastern District has become final, and is binding upon the District; and WHEREAS, the Board of Trustees of the District does hereby find and determine that it is in the public interest of the 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 prevent or abate pollution of water, and will better enable the District to comply with the Consent Decree issued on July 21, 1987, by the Circuit Court of the City of St. Louis, that Subdivision (15) of Section 3.020 and Section 7.150 of the Plan of the District be amended to allow the qualified voters of the District or of a subdistrict to authorize the issuance of revenue bonds to meet the cost of acquiring, constructing, improving or extending all or any part of the sewer or drainage systems and facilities of the District or the subdistrict, as may be set forth in the proposition submitted at elections from time to time called and held to authorize the issuance of such bonds, such bonds to be payable from the revenues derived or to be derived from the operation of the sewer and drainage systems and facilities of the entire District or of the subdistrict, as the case may be; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The following amendments to the Plan of The Metropolitan St. Louis Sewer District are hereby proposed and submitted to the voters of The Metropolitan St. Louis Sewer District and shall be voted upon at an election to be held as hereinafter provided. Subdivision (15) of Section 3.020 of the Plan of The 3 Metropolitan St. Louis Sewer District is hereby amended by repealing said provision relating to the means of meeting the cost of acquiring, constructing, improving or extending the sewer or drainage systems and facilities of the District, and enacting in lieu thereof a new section to be known as Subdivision (15) of Section 3.020 of the Plan of The Metropolitan St. Louis Sewer District relating to the same subject matter and which shall read as follows: "To meet the cost of acquiring, constructing, improv-ing, or extending all or any part of the sewer or drainage systems and facilities of the District: (a) through the expenditure of any funds available for that purpose; (b) through the issuance of bonds for that purpose, payable from taxes to be levied and collected by the District; (c) through the issuance of bonds for that purpose, payable from special benefit assessments levied and collected by the District; (d) from the proceeds of special benefit assessments or bills evidencing such assessments; (e) from any other funds which may be obtained under any law of the state or of the United States for that purpose; (f) from the proceeds of revenue bonds, payable from the revenues to be derived from the operation of the sewer and drainage systems and facilities of the entire District, or of a subdistrict, as the case may be, as may be set forth in propositions submitted at elections in the District or the subdistrict from time to time called and held to authorize the issuance of such revenue bonds; or (g) from any combination of any or all such methods of providing funds." Section 7.150 of the Plan of The Metropolitan St. Louis Sewer District is hereby amended by repealing said provision relating to the Districts revenue bonds, and enacting in lieu thereof a new section to be known as Section 7.150 of the Plan of The Metropolitan St. Louis Sewer District relating to the same subject matter and which shall read as follows: "Section 7.150. Maximum term and amount of bonds--Adequate taxes and charges required.--Before any general obli-gation bonds are issued, the Board shall by ordinance provide for the collection of an annual tax on all taxable tangible property within the District or a subdistrict, as the case may be, sufficient to pay the interest and the principal of such bonds as they fall due and to retire the same within twenty years from the date contracted. No general obligation bonds shall be issued in an amount which together with existing indebtedness of the District or a subdistrict, as the case may be, if any, exceed in the aggregate five per cent of the value of all taxable tangible property in the District or a subdistrict as the case may be, as shown by the last completed assessment for state and county purposes; provided, however, that no revenue bonds or special benefit assessment bonds issued under the provisions of this Plan shall constitute an indebtedness of the District or a subdistrict, 4 as the case may be, within the meaning of said limitation. "Whenever any revenue bonds are outstanding against sewer and drainage systems and facilities of the District or a subdistrict, as the case may be, the rates, rentals, or other charges to be collected from all real property of the District or the subdistrict, as the case may be, shall be sufficient at least to pay the operating and maintenance expenses of such sewer and drainage systems and facilities and the interest and principal payments as they accrue on such bonds and renewals, plus such amount as may be required to cover emergencies and anticipated delinquencies. "Any special benefit assessment bonds issued under this Plan shall mature over a period not exceeding twenty years from the date contracted." Section Two. A special election is hereby ordered to be held on Tuesday, November 3, 1987, for the purpose of submitting to the qualified voters of the District the following proposition: AMENDMENT TO PLAN OF METROPOLITAN ST. LOUIS SEWER DISTRICT Shall the Plan of The Metropolitan St. Louis Sewer District be amended as provided in Ordinance No. for the purpose of allowing the qualified voters of the District or of a subdistrict to authorize the issuance of revenue bonds to meet the cost of acquiring, constructing, improving or extending all or any part of the sewer or drainage systems and facilities of the District or the subdistrict, as may be set forth in the proposition submitted at elections from time to time called and held to authorize the issuance of such bonds, such bonds to be payable from the revenues derived or to be derived from the operation of the sewer and drainage systems and facilities of the entire District or of the subdistrict, as the case may be? Section Three. The Board of Election Commissioners for the City of St. Louis and the Board of Election Commissioners of St. Louis County shall conduct the 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. 5 Section Four. 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 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". AMENDMENT TO PLAN OF METROPOLITAN ST. LOUIS SEWER DISTRICT Shall the Plan of The Metropolitan St. Louis Sewer District be amended as provided in Ordinance No. for the purpose of allowing the qualified voters of the District or of a subdistrict to authorize the issuance of revenue bonds to meet the cost of acquiring, constructing, improving or extending all or any part of the sewer or drainage systems and facilities of the District or the subdistrict, as may be set forth in the proposition submitted at elections from time to time called and held to authorize the issuance of such bonds, such bonds to be payable from the revenues derived or to be derived from the operation of the sewer and drainage systems and facilities of the entire District or of the subdistrict, as the case may be? 6 / / 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 Five. 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". AMENDMENT TO PLAN OF METROPOLITAN ST. LOUIS SEWER DISTRICT 7 Shall the Plan of The Metropolitan St. Louis Sewer District be amended as provided in Ordinance No. for the purpose of allowing the qualified voters of the District or of a subdistrict to authorize the issuance of revenue bonds to meet the cost of acquiring, constructing, improving or extending all or any part of the sewer or drainage systems and facilities of the District or the subdistrict, as may be set forth in the proposition submitted at elections from time to time called and held to authorize the issuance of such bonds, such bonds to be payable from the revenues derived or to be derived from the operation of the sewer and drainage systems and facilities of the entire District or of the subdistrict, as the case may be? / / YES / / NO Section Six. The election shall be held at the polling places for the City of St. Louis, designated by the Board of Election Commissioners for the City of St. Louis and for St. Louis County designated by the Board of Election Commissioners of St. Louis County, said polling places to be set out in the final notice of said election published in accordance with the provisions of Section 115.127, Missouri Revised Statutes or mailed in accordance with the provisions of Section 115.129, Missouri Revised Statutes. Section Seven. 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. 8 Section Eight. The amendments to the Plan contained in this Ordinance shall take effect when they have been submitted to the registered voters residing within the District at a general or special election and approved by a majority of those voting on the proposition in the portions of the District situated within the City of St. Louis and St. Louis County, respectively. The foregoing Ordinance was adopted August 20, 1987.