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Home My Public Portal About07943 O R D I N A N C E NO. 7943 AN ORDINANCE CALLING A SPECIAL ELECTION IN THE METROPOLITAN ST. LOUIS SEWER DISTRICT, ON THE PROPOSITION WHETHER TO APPROVE A SCHEDULE OF INCREASED WASTEWATER USER CHARGES; PROVIDING FOR THE IMPOSITION OF SUCH SCHEDULE OF INCREASED WASTEWATER USER CHARGES 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, a body corporate, a municipal corporation and a political subdivision of the State of Missouri (herein called the "District"), now owns and operates a revenue producing sewer and drainage system serving the District and its inhabitants (the "System") and pursuant to Section 3.020(1) of the 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 preventing or abating the pollution of water; and . . . [has] all the rights, privileges, and jurisdiction necessary or proper for carrying such powers into execution"; and WHEREAS, the District is subject to the provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., commonly referred to as the Clean Water Act (the "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 obtained construction grants from the Missouri Department of Natural Resources and the Environmental Protection Agency (the "Grants") for improvements to the sewer and drainage System of the District and has entered into grant agreements with such governmental agencies as a condition to obtaining Grants (the "Grant Agreements"); and WHEREAS, the federal regulations promulgated pursuant to the Clean Water Act and the District's Grant Agreements require the District to "review not less often than every two years the waste water contribution of users and user classes, the total cost of operation and maintenance of the treatment works, and its approved user charge system ... and to revise the charges for users or user classes to accomplish the following: (1) Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein; (2) generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works ..."; and WHEREAS, Section 3.020 (16) of the Plan of the District authorizes the Board of Trustees "to establish by ordinance a schedule or schedules of rates, rentals, and other charges, to be collected from all the real property served by the sewer facilities of the District, whether public or private, and to prescribe the manner in which and time at which such rates, rentals, and charges are to be paid, and to change such schedule or schedules from time to time as the Board may deem necessary, proper, or advisable, and to collect or enforce collection of all such charges. Such schedule or schedules may be based upon any classifications or sub-classifications which the Board may determine to be fair and reasonable . . . . Any such rates, rentals, or other charges against public property shall be paid out of the general treasury of the public body, agency, corporation, or authority owning such property."; and WHEREAS, the Board has caused a rate study to be prepared by its rate consultants, Black & Veatch, which recommends modification of the District's Wastewater User Charges, as proposed in this Ordinance, as necessary and appropriate to provide the District sufficient revenue to operate and maintain the District's sewer facilities, to establish uniform user charges throughout the District, and to provide funds for needed replacements; and WHEREAS, the Board does hereby find and determine that the schedule of increased Wastewater User Charges as provided in this Ordinance is to enable the District to operate its system on a sound basis, and satisfies the requirements of the Clean Water Act, the Missouri Clean Water Law, the District's Grant Agreements and the rules and regulations of the United States Environmental Protection Agency; and WHEREAS, the Board does further find and determine that the classification of Users provided for in this Ordinance and the Allocation of the costs of providing Wastewater service among such User classes is fair and reasonable; and WHEREAS, the Board is calling a special election to submit to the voters a proposition on whether to approve the schedule of increased Wastewater User Charges as provided in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Election. That a special election is hereby ordered to be held in The Metropolitan St. Louis Sewer District on Tuesday, February 6, 1990, on the following proposition: -2- PROPOSITION R Shall The Metropolitan St. Louis Sewer District establish a schedule of increased Wastewater User Charges to be collected from all the real property served by the District's Wastewater System in addition to any other rates, rentals or other charges currently being collected by the District? The schedule of such Wastewater User Charges shall be revised as follows: Current New Wastewater Wastewater User Charge User Charge RESIDENTIAL PROPERTY (per month) Single Unit $4.18 $7.71 Multi-unit (per unit) $3.15 $5.78 NON-RESIDENTIAL PROPERTY (per month) (All Users other than Residential) Base Charge $4.40 $6.63 Volume Charge (All Volume) $0.29/100 $0.53/100 cu. ft. cu. ft. Extra Strength Surcharge (If water usage equals or exceeds 8000 cubic feet per month) Suspended Solids (SS) over 350 mg/liter (milligrams per liter) $ 88.40/ton $153.50/ton Biochemical Oxygen Demand (BOD) over 300 mg/liter (milligrams per liter) $ 47.60/ton $137.10/ton Chemical Oxygen Demand (COD) over 600 mg/liter (milligrams per liter) $ 23.80/ton $ 68.55/ton [ ] 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 -3- 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. Section Two. Voter Approval. If a majority of the votes cast on the foregoing proposition by the qualified voters voting thereon are in favor of the proposition, then the schedule of increased Wastewater User Charges provided for in this Ordinance shall be in effect on and after July 1, 1990, and shall supersede the schedule of Wastewater User Charges provided in Ordinance No. 7450 as amended by Ordinance Nos. 7536, 7547 and 7687 of the District and shall be calculated and imposed as provided in such Ordinances. Section Three. Notice to Election Authority. 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 Four. Notice of Election. 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 form attached hereto as Exhibit A. Section Five. Ballot. That the ballot to be used at the special election shall be in substantially the form attached hereto as Exhibit A, with such changes therein as shall be appropriate in the event other propositions shall be submitted at the election. Section Six. 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. -4- Section Seven. 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 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 Eight. Severability. The Board hereby declares that if any section, part, sentence or clause of this Ordinance is held invalid, such invalidity shall not affect the remainder of this Ordinance, the Board hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. Section Nine. Prior Ordinances. This Ordinance shall not be so construed as to relieve any person from the payment of any fee or 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 Ten. 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 subdistricts. -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, February 6, 1990, 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, FEBRUARY 6, 1990 PROPOSITION R Shall The Metropolitan St. Louis Sewer District establish a schedule of increased Wastewater User Charges to be collected from all the real property served by the District's Wastewater System in addition to any other rates, rentals or other charges currently being collected by the District? The schedule of such Wastewater User Charges shall be revised as follows: Current New Wastewater Wastewater User Charge User Charge RESIDENTIAL PROPERTY (per month) Single Unit $4.18 $7.71 Multi-unit (per unit) $3.15 $5.78 NON-RESIDENTIAL PROPERTY (per month) (All Users other than Residential) Base Charge $4.40 $6.63 Volume Charge (All Volume) $0.29/100 $0.53/100 cu. ft. cu. ft. A - 1 Extra Strength Surcharge (If water usage equals or exceeds 8000 cubic feet per month) Suspended Solids (SS) over 350 mg/liter (milligrams per liter) $ 88.40/ton $153.50/ton Biochemical Oxygen Demand (BOD) over 300 mg/liter (milligrams per liter) $ 47.60/ton $137.10/ton Chemical Oxygen Demand (COD) over 600 mg/liter (milligrams per liter) $ 23.80/ton $ 68.55/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 IF NOT NOTIFIED BY MAIL) The election will be held at the following polling places in the City of St. Louis: (LIST OF CITY POLLING PLACES) A - 2 (LAST PUBLICATION ONLY IF NOT NOTIFIED BY MAIL) 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. , Chairman , Secretary , Member , Member ATTEST: , Secretary BOARD OF ELECTION COMMISSIONERS ST. LOUIS COUNTY, MISSOURI , Chairman , Secretary , Member , Member ATTEST: , 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) The foregoing Ordinance was adopted November 21, 1989. A - 3