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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: -2- 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 -3- 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 -4- 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. -5- 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: -2- (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) -3- 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. -2-