HomeMy Public PortalAbout07456 O R D I N A N C E NO. 7456
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE
METROPOLITAN ST. LOUIS SEWER DISTRICT, ON THE PROPOSITION WHETHER
TO APPROVE A SCHEDULE OF CAPITAL IMPROVEMENT SURCHARGES TO BE
COLLECTED FOR A PERIOD NOT TO EXCEED SEVEN YEARS FOR THE PURPOSE OF
FINANCING CERTAIN SEWAGE TREATMENT FACILITIES AND OTHER CAPITAL
IMPROVEMENTS REQUIRED BY THE FEDERAL CLEAN WATER ACT AND THE
MISSOURI CLEAN WATER LAW TO REMOVE POLLUTANTS IN WASTEWATER
DISCHARGES TO THE MISSISSIPPI, MISSOURI AND MERAMEC RIVERS;
PROVIDING FOR THE IMPOSITION OF SUCH SCHEDULE OF SURCHARGES IF
APPROVED BY A MAJORITY OF THE QUALIFIED VOTERS VOTING THEREON;
DESIGNATING THE TIME OF HOLDING SAID ELECTION; AND AUTHORIZING AND
DIRECTING THE SECRETARY-TREASURER OF THE DISTRICT TO GIVE NOTICE OF
SAID ELECTION.
WHEREAS, The Metropolitan St. Louis Sewer District, is a
body corporate, a municipal corporation and a political subdivision
of the State of Missouri (herein called the "District"); and
WHEREAS, Section 3.020(1) of the District's Plan adopted
by the voters within the District for its government (the "Plan"),
empowers the District to have jurisdiction, control, possession,
and supervision of such sewerage 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 sewer
systems and facilities placed under its jurisdiction as a
comprehensive 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
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") the stated objective of which is to restore and maintain the
chemical, physical, and biological integrity of the nation's
waters; and
WHEREAS, the District has entered into a Consent Decree
dated July 21, 1987 with the State of Missouri and a Compliance and
Grants Agreement dated January 9, 1985, as amended, with the
Missouri Department of Natural Resources/Water Pollution Control
Program obligating the District to undertake a program consisting
of the construction and improvement of certain sewage treatment
facilities and other capital improvements required by the federal
Clean Water Act and the Missouri Clean Water Law to remove
pollutants in wastewater discharges to the Mississippi, Missouri
and Meramec Rivers (the "Consent Decree and Compliance Projects");
and
WHEREAS, the District has caused preliminary plans for
the construction of the Consent Decree and Compliance Projects to
be prepared by its staff and independent consulting engineers which
have estimated the cost of the Consent Decree and Compliance
Projects to be Four Hundred and Thirty-Eight Million and Five
Hundred Thousand Dollars ($438,500,000) and which have estimated
the portion of the costs to be financed by funds from the Clean
Water Capital Improvement Trust Fund created pursuant to this
Ordinance to be Four Hundred and Thirty-Six Million Dollars
($436,000,000); and
WHEREAS, the District has conducted a study of
alternatives for obtaining the funds necessary to finance the
Consent Decree and Compliance Projects and has held public hearings
to obtain input from the inhabitants of the District and the users
of the System as to the most equitable means of allocating such
costs; and
WHEREAS, the Board of Trustees of the District has
determined and hereby determines that the most equitable method for
allocating the costs of the Consent Decree and Compliance Projects
to the users of the System and the most inexpensive method for
raising funds necessary to finance the Consent Decree and
Compliance Projects is through the imposition of a schedule of
Capital Improvement Surcharges payable by the users of the System
in proportion to their use which will provide financing for the
Consent Decree and Compliance Projects on a "pay as you go basis;"
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section 1. That a special election is hereby ordered to
be held in The Metropolitan St. Louis Sewer District, on Tuesday,
August 2, 1988, on the following proposition:
PROPOSITION ( )
Shall The Metropolitan St. Louis Sewer District impose a
schedule of Capital Improvement Surcharges which shall not exceed
the amount set forth below to be collected for a period not to
exceed seven years for the purpose of financing certain sewage
treatment facilities and other capital improvements required by the
federal Clean Water Act and the Missouri Clean Water Law to remove
pollutants in wastewater discharges to the Mississippi, Missouri
and Meramec Rivers? Such Capital Improvement Surcharges shall be
collected from all the real property served by the District's
sewerage facilities in addition to any other rates, rentals or
other charges imposed by the District and shall be deposited in a
Clean Water Capital Improvement Trust Fund to be used to construct
and improve certain sewage treatment facilities and other capital
improvements as required by the federal Clean Water Act and the
Missouri Clean Water Law as enumerated in Section 4 of Ordinance
No. 7456.
The schedule of Capital Improvement Surcharges to be
imposed is as follows:
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CAPITAL IMPROVEMENT SURCHARGES
Residential Property (per month)
Single Unit Residence $ 6.50
Multi-unit Residence $ 4.88/unit
Non-residential Property (per month)
Base Charge $ 6.50
Volume Charge
All Volume $ .47/100 cubic feet
Extra strength surcharges if water usage equals or exceeds
8000 cubic feet per month:
Suspended Solids (SS)
over 350 mg/liter $ 77.50/ton
Biochemical Oxygen Demand (BOD)
over 300 mg/liter $184.50/ton
Chemical Oxygen Demand (COD)
over 600 mg/liter $ 92.25/ton
Section 2. That if a majority of the votes cast on the
foregoing proposition by the qualified voters voting thereon are in
favor of the propositions, then such schedule of Surcharges shall
be in effect on January 1, 1989 through December 31, 1995, unless
sooner terminated, as hereinafter provided. The schedule of
Surcharges authorized by this Ordinance shall be in addition to any
and all other rates, rentals or other charges imposed by the
District and shall be billed and collected as are the Sewer Service
Charges of the District pursuant to the District's applicable Sewer
Service Charge ordinances.
Section 3. That the proceeds of such Surcharges and any
federal or state grants provided to the District to fund the costs
of the Consent Decree and Compliance Projects (the "Consent Decree
Grants") shall be deposited in a special trust fund, which is
hereby created, to be known as the "Clean Water Capital Improvement
Trust Fund." In the event the proceeds of such Surcharges and any
Consent Decree Grants which have been collected and deposited in
the Clean Water Capital Improvement Trust Fund, together with the
net earnings thereon, total $436,000,000 before December 31, 1995,
the District shall terminate imposition of such surcharges as of
the first day of the next succeeding calendar month which is at
least 30 days following the date such total has been collected.
Further, in the event prior to December 31, 1995, the construction
and improvement of the Consent Decree and Compliance Projects has
been completed at a total cost of less than $436,000,000, the
District shall terminate imposition of such Surcharges as of the
first day of the next succeeding calendar month which is at least
30 days following the date of completion of the Consent Decree and
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Compliance Projects. The moneys in the Clean Water Capital
Improvement Trust Fund shall be maintained by the Secretary-
Treasurer of the District and all expenditures of funds arising
from the Clean Water Capital Improvement Trust Fund shall be by an
appropriation ordinance adopted by the Board of Trustees of the
District. Any funds in the Clean Water Capital Improvement Trust
Fund which are not needed for current expenditures shall be
invested by the District in accordance with applicable provisions
of the District's Plan relating to the investment of other District
funds and the net earnings on such investments shall be deposited
in the Clean Water Capital Improvement Trust Fund. Any moneys
remaining in the Clean Water Capital Improvement Trust Fund on
completion of the Consent Decree and Compliance Projects shall be
refunded by the District to the customers of the District as a
credit on the next billing for Sewer Service Charges by the
District.
Section 4. That expenditures shall be made by the
District from the Clean Water Capital Improvement Trust Fund only
for the construction and improvement of sewage treatment plants and
other capital improvements for the Consent Decree and Compliance
Projects set forth below:
Consent Decree Projects
Bissell Point Secondary Treatment
Bissell Point Overflow Regulation System
Bonfils-Missouri Bottoms Interception System
Woodside Trails Interceptor
Meramec Bottoms Interception System
Baumgartner Facilities Upgrade
Compliance Project
Coldwater Creek Wastewater Treatment Plant Outfall
Section 5. That an independent audit shall be made of
the Clean Water Capital Improvement Trust Fund at least annually in
accordance with the requirements of the District's Plan.
Section 6. 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 7. 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
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the election shall be in substantially the form attached hereto as
Exhibit A.
Section 8. That the ballot to be used at the special
election shall be in substantially the form attached hereto as
Exhibit B, with such changes therein as shall be appropriate in the
event other propositions shall be submitted at the election.
Section 9. 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 10. 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.
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Exhibit A
NOTICE OF ELECTION
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
Notice is hereby given to the qualified voters of The
Metropolitan St. Louis Sewer District that the Board of Trustees
has called a special election to be held in The Metropolitan St.
Louis Sewer District, on Tuesday, August 2, 1988, commencing at
6:00 o'clock a.m. and closing at 7:00 p.m., for the purpose of
presenting the following proposition to the duly qualified electors
of the District.
OFFICIAL BALLOT
SPECIAL ELECTION
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
TUESDAY, AUGUST 2, 1988
PROPOSITION ( )
Shall The Metropolitan St. Louis Sewer District impose a
schedule of Capital Improvement Surcharges which shall not exceed
the amount set forth below to be collected for a period not to
exceed seven years for the purpose of financing certain sewage
treatment facilities and other capital improvements required by the
federal Clean Water Act and the Missouri Clean Water Law to remove
pollutants in wastewater discharges to the Mississippi, Missouri
and Meramec Rivers? Such Capital Improvement Surcharges shall be
collected from all the real property served by the District's
sewerage facilities in addition to any other rates, rentals or
other charges imposed by the District and shall be deposited in a
Clean Water Capital Improvement Trust Fund to be used to construct
and improve certain sewage treatment facilities and other capital
improvements as required by the federal Clean Water Act and the
Missouri Clean Water Law as enumerated in Section 4 of Ordinance
No. 7456.
The schedule of Capital Improvement Surcharges to be
imposed is as follows:
CAPITAL IMPROVEMENT SURCHARGES
Residential Property (per month)
Single Unit Residence $ 6.50
Multi-unit Residence $ 4.88/unit
Non-residential Property (per month)
Base Charge $ 6.50
Volume Charge
All Volume $ .47/100 cubic feet
Extra strength surcharges if water usage equals or exceeds
8000 cubic feet per month:
Suspended Solids (SS)
over 350 mg/liter $ 77.50/ton
Biochemical Oxygen Demand (BOD)
over 300 mg/liter $184.50/ton
Chemical Oxygen Demand (COD)
over 600 mg/liter $ 92.25/ton
PUNCH POSITIONS FOR THE ELECTION IN THE PORTION OF THE
DISTRICT LOCATED IN THE COUNTY OF ST. LOUIS, MISSOURI
'YES' ___ ( )
'NO' ___ ( )
PUNCH POSITIONS FOR THE ELECTION IN THE PORTION OF THE
DISTRICT LOCATED IN THE CITY OF ST. LOUIS, MISSOURI
'YES' ___ ( )
'NO' ___ ( )
The election in the portion of the District located in
St. Louis County will be held and conducted by the Board of
Election Commissioners of St. Louis County and the election in the
portion of the District located in the City of St. Louis will be
held and conducted by the Board of Election Commissioners of the
City of St. Louis. The election will be conducted under the
general election laws governing the District.
The election will be held at the following polling places
in the County of St. Louis:
(LIST OF COUNTY POLLING PLACES)
(LAST PUBLICATION ONLY)
The election will be held at the following polling places
in the City of St. Louis:
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(LIST OF CITY POLLING PLACES)
(LAST PUBLICATION ONLY)
IN WITNESS WHEREOF, the undersigned composing the Board
of Election Commissioners of St. Louis County, Missouri, have
caused this notice to be signed at the office of said Board in the
City of Clayton, St. Louis County, Missouri, and the undersigned
composing the Board of Election Commissioners of the City of St.
Louis, Missouri, have caused this notice to be signed at the office
of said Board in the City of St. Louis, Missouri.
ALBERT E. SCHOENBECK, Chairman
ROBERT E. PAPE, Secretary
FRANK A. BUSSMANN, Member
JANE E. WOODS, Member
Attest: ROBERT H. PAPE, Secretary
BOARD OF ELECTION COMMISSIONERS
ST. LOUIS COUNTY, MISSOURI
JERRY B. WAMSER, Chairman
RITA M. KRAPF, Secretary
DAVID A. ROBBINS, Member
WALTER F. WRENN, JR., Member
Attest: RITA M. KRAPF, Secretary
BOARD OF ELECTION COMMISSIONERS
OF THE CITY OF ST. LOUIS, as agent of the Board of Election
Commissioners of St. Louis County pursuant to Section 115.023
Revised Statutes of Missouri (1986)
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Exhibit B
SPECIAL ELECTION
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
TUESDAY, AUGUST 2, 1988
PROPOSITION ( )
Shall The Metropolitan St. Louis Sewer District impose a
schedule of Capital Improvement Surcharges which shall not exceed
the amount set forth below to be collected for a period not to
exceed seven years for the purpose of financing certain sewage
treatment facilities and other capital improvements required by the
federal Clean Water Act and the Missouri Clean Water Law to remove
pollutants in wastewater discharges to the Mississippi, Missouri
and Meramec Rivers? Such Capital Improvement Surcharges shall be
collected from all the real property served by the District's
sewerage facilities in addition to any other rates, rentals or
other charges imposed by the District and shall be deposited in a
Clean Water Capital Improvement Trust Fund to be used to construct
and improve certain sewage treatment facilities and other capital
improvements as required by the federal Clean Water Act and the
Missouri Clean Water Law as enumerated in Section 4 of Ordinance
No. 7456.
The schedule of Capital Improvement Surcharges to be
imposed is as follows:
CAPITAL IMPROVEMENT SURCHARGES
Residential Property (per month)
Single Unit Residence $ 6.50
Multi-unit Residence $ 4.88/unit
Non-residential Property (per month)
Base Charge $ 6.50
Volume Charge
All Volume $ .47/100 cubic feet
Extra strength surcharges if water usage equals or exceeds
8000 cubic feet per month:
Suspended Solids (SS)
over 350 mg/liter $ 77.50/ton
Biochemical Oxygen Demand (BOD)
over 300 mg/liter $184.50/ton
Chemical Oxygen Demand (COD)
over 600 mg/liter $ 92.25/ton
The foregoing ordinance was adopted May 18, 1988.
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