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HomeMy Public PortalAbout10012 O R D I N A N C E NO. 10012 AN ORDINANCE, authorizing and implementing a Twenty-five Million Dollar ($25,000,000.00) refund from the Clean Water Capital Improvement Trust Fund by crediting properties that were billed for March 1995 service during April 1995, and transferring Twenty- five Million Dollars ($25,000,000.00) from the Clean Water Capital Improvement Trust Fund to the General Fund of the District. WHEREAS, a special election was held within The Metropolitan St. Louis Sewer District ("the District") on Tuesday, August 2, 1988, and more than a majority of the qualified voters of the District voted in favor of a schedule of Capital Improvement Surcharges to be collected for certain designated purposes and for certain designated periods; and WHEREAS, Ordinance No. 7543 which was adopted September 14, 1988, established the schedule of Capital Improvement Surcharges approved by the voters at the August 2, 1988 special election; and WHEREAS, Ordinance No. 7543 provided that the Capital Improvement Surcharges would be billed to the Person or Persons holding a permit for or who was liable for water service to Property served by the District system; and that such Capital Improvement Surcharge would also constitute a personal obligation of any User of the System; and WHEREAS, Ordinance No. 7543 provided that the Capital Improvement Surcharges would also constitute a lien upon the Property served by the System on the date a bill therefor was rendered; and WHEREAS, Ordinance No. 7543 provided that, in the event prior to December 31, 1995, the construction and improvement of the Consent Decree and Compliance Projects described therein had been completed at a total cost of less than Four Hundred Thirty-six Million Dollars ($436,000,000), the District would terminate imposition of such Capital Improvement Surcharges as of the first day of the next succeeding calendar month which was at least thirty (30) days following the date of completion of the Consent Decree and Compliance Projects; and WHEREAS, pursuant to Ordinance No. 9508 adopted March 9, 1995, which amended Ordinance No. 7543, the District stopped billing the Capital Improvement Surcharges 3 with the March 1995 bills because it determined that the Clean Water Capital Improvement Trust Fund balance was sufficient to pay for the remaining Consent Decree and Compliance Projects; and WHEREAS, Ordinance No. 7543 provided that any moneys remaining in the Clean Water Capital Improvement Trust Fund on completion of the Consent Decree and Compliance Projects should be refunded by the District to the customers of the District as a credit on the next billing for Sewer Service by the District; and WHEREAS, the Board of Trustees has determined that the Consent Decree and Compliance Projects are substantially complete; and WHEREAS, the Board of Trustees has determined that pursuant to Ordinance No. 7543, the District should refund to the properties specified in this Ordinance, and in the amounts specified in this Ordinance, a total amount of approximately Twenty-five Million Dollars ($25,000,000.00); NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: 4 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 for the Capital Improvement Surcharge. "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. "Capital Improvement Surcharges" means the capital improvement surcharges approved by a majority of the qualified voters of the District voting thereon at an election held on August 2, 1988, imposed by the District pursuant to Ordinance No. 7456, and further implemented and imposed by the District pursuant to Ordinance No. 7543. "CCF" means one hundred cubic feet of water. "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 5 and expressed in milligrams per liter. "Clean Water Capital Improvement Trust Fund" means the fund by that name created by Ordinance No. 7456. "Consent Decree and Compliance Projects" means the following 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 Coldwater Creek Wastewater Treatment Plant Outfall "Consent Decree Grants" means any federal or state grants provided to the District to fund a portion of the costs of Consent Decree and Compliance Projects. "District" means The Metropolitan St. Louis Sewer District. "Extra Strength Capital Improvement Credit" means the credits for extra strength 6 capital improvement surcharges imposed by Section Three (2)(B) of Ordinance No. 7543. "Multi-unit 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. "Non-residential Property" means all property other than Residential Property. "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 an improved 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" means Property with an active sewer connection, either directly or 7 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 some substances therefrom ultimately enters said facilities. "Single Unit 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 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 surface on which such precipitation falls or flows. "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. 8 "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. "Unit" means the portion of a Multi-unit Residence occupied by one family. "User" means the occupant, or Owner of the Property, the Person holding a permit for water service to the Property, or any Person Served by the System. "Wastewater" means the water-borne wastes emanating from Residential Property or Non-residential Property, together with such groundwater, surface water, or Stormwater as cannot be avoided. Section Two. The District shall credit the January, 1997 bills for December, 1996 service in the approximate amount of Twenty-five Million Dollars ($25,000,000.00). The District shall credit those properties responsible for sewer service which were billed during 9 April, 1995 for March, 1995 service. Section Three. The amount of the credit referred to in Section Two shall be as follows: Single Unit Residence $30.12 per property Multi-unit Residence $22.68 per dwelling unit Non-residential Property* $30.12 per property plus $0.18 per CCF (includes multi-unit residences that filed Application to be billed as Non-Residential Property) Extra Strength Capital Suspended solids over 350 ppm - $30.20/ton Improvement Credit** BOD over 300 ppm $66.20/ton COD over 600 ppm $33.10/ton * Applied to ccf's and/or loading factor units billed. ** As specified in Section Three (B) (2)(d) of Ordinance No. 9029. Section Four. Twenty-five Million Dollars ($25,000,000.00) shall be transferred from the Clean Water Capital Improvement Trust Fund to the General Fund of the District to fund the above-described credits. Section Five. Upon total completion of the Consent Decree and Compliance 10 Projects, which is anticipated to occur in 1998, any moneys remaining in the Clean Water Capital Improvement Trust Fund shall be refunded by the District in the same manner as herein provided or as provided by law. 11 The foregoing Ordinance was adopted December 12, 1996.