HomeMy Public PortalAboutMSD Charter Plan 11072000CHARTER
(PLAN)
OF
THE METROPOLITAN ST. LOUIS
SEWER DISTRICT
Prepared by
THE ST. LOUIS AND ST. LOUIS COUNTY
BOARD OF FREEHOLDERS
Approved by the Voters
of St. Louis and St. Louis County
At a
SPECIAL ELECTION
on
TUESDAY, FEBRUARY 9, 1954
and amended on
TUESDAY, NOVEMBER 7, 2000
THE ST. LOUIS AND ST. LOUIS COUNTY
BOARD OF FREEHOLDERS
The following are the Members of the Board of Freeholders appointed to prepare a Plan for a Metropolitan S
Louis Sewer District:
J. Eugene Auchly, Chairman
John R. Shepley, Vice Chairman
Mrs. Jules Kopp, Secretary
Mack A. Aldrich
John C. Casey
Horace B. Deal
Alfred J. Dill
Don A. Fischer
Harold Garner
Charles N. Gilles
Robert M. Guion
Walter C. Haeussler
Dr. Henry E. Hampton
Theodore A. Kienstra
William R. Lake
Mrs. Chapin S. Newhard
William A. O'Connell
Rudolph W. Stuckenberg
Lloyd C. Weber
Legal Counsel Research Consultant
R. E. Blake Dr. Victor D. Brannon
Attorney Director, Governmental
Research Institute
CHARTER (PLAN)
OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT
Table of Contents
To the People of St.
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
Louis and St. Louis County i
Incorporation and Government 1
District Boundaries and Extensions 2
Powers of the District 11
Enforcement of District Ordinances 18
Board of Trustees 19
Executive Director 22
Finance and Taxation 23
Personnel Provisions 36
Improvements 39
Elections 42
Amending the Plan 43
Miscellaneous Provisions 45
TO THE PEOPLE OF ST. LOUIS AND ST. LOUIS COUNTY
(Message from Freeholders at Time of Proposal)
This Proposed Plan for a Metropolitan Sewer District is presented in the sincere belief that its adoption will enable
the people of St. Louis and St. Louis County to solve critical sewer problems in a sound and equitable manner.
Large areas in both the City and the County have sanitary and storm sewers which lack the capacity to handle the
load. Some thickly populated areas in the County have no way of disposing of sanitary sewage except through ditches,
creeks, and septic tanks.
The health hazards resulting from this situation are not confined to either City or County. They are area -wide in
scope, because disease -communicating insects and microbes recognize no political boundaries of county, city, or village.
Dr. J. Earl Smith, Health Commissioner of the City of St. Louis, has summarized the health hazards to our entire
metropolitan area from inadequate sewer facilities in these terms:
"We must remember that the transmitters of disease do not recognize the City limits line. Flies, mosquitoes,
and other disease carriers may breed in the City or in the County and they may also contact disease
organism either in the City or the County and then transmit to men and animals in either area.
"In summing up the disease potentials of improper disposal of sewage, experience has shown that
inadequate sewerage presents a severe potential hazard of disease transmission; one which may come to
us unexpectedly as an epidemic, as did the encephalitis epidemics which occurred here in 1933 and 1937.
"The problem has been shown to be one which cannot be solved within either City or County alone, but
requires that it be treated as a whole. The City limits are but an imaginary line as far as disease and
drainage are concerned."
Dr. Herbert H. Domke, St. Louis County Health Commissioner, in discussing this subject, recently stated:
"The inadequate human sewage collection and disposal systems in St. Louis County constitute by far the
greatest sanitation problem in the County. St. Louis County has many areas which contain health hazards
due to improper sewage disposal as great as any in the United States. The condition as it exists today, with
raw sewage and septic tank effluent in many places running openly in the streets, gutters, yards, streams,
and ditches, makes for a definite potential health hazard to every resident and visitor to the County. While
it is true that there is adequate sewage disposal in many localities in the County, the existence of the many
problem areas is a danger to the entire County."
The reason our sewer problems cannot be handled by City or County separately, is simply that most of the
industrial, commercial, and residential property in the County is on comparatively high ground and drains downhill through
the City of St. Louis. Since the sewage water runs downhill, its flow must be properly channeled and controlled by one
overall authority from its source in the County through various municipalities and through the City of St. Louis to its eventual
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outlet in the Mississippi River. Health authorities, contractors, engineers, and the staffs of both the City and County law
departments are in accord that the sewer problems should be handled on a watershed basis rather than according to
arbitrary boundaries of county, city, village, or sewer district.
As property is built up, roofs, streets, sidewalks, and parking areas catch and speed into the sewers all the rainfall
previously allowed to soak into the ground. Thus all new construction work puts additional burdens on the sewage and
drainage facilities.
The construction of the so-called "Small Arms Plant" in North St. Louis is a typical example of the difficulties that
can arise from such a change of use. Of the 271 acres of that land used by the Government, over 200 acres have been
covered by buildings and paved areas during the last 12 years. Thus all rain falling on these buildings and parking areas is
immediately diverted to one of St. Louis' largest sewers known as the Harlem -Baden Sewer, increasing its load. Engineers
testified that
"Construction of the relief facilities in the Harlem -Baden watersheds, especially in the low areas within the
City of St. Louis, is one of extreme urgency, as flooding of property and sizable damages occur whenever
the rainfall exceeds the capacities of the sewers. In these low areas, flooding of basements with damage
to various types of electrical equipment, now in common use, is of relatively frequent occurrence."
Largely because of the need to correct conditions reported by medical authorities charged with the duty of studying
and protecting public health in the City and the County, and because of the natural drainage of much of St. Louis County
through City of St. Louis sewers, a Joint Interim Committee consisting of representative forward -looking citizens of both
the City and County was appointed in 1951. This body held public hearings, studied the matter carefully, and
recommended that the City of St. Louis and the County of St. Louis proceed with steps to provide an integrated sewer
system.
In accordance with that report, petitions for the establishment of a bipartisan Board of Freeholders were signed
by thousands of residents of the City and County. As a result, nine City residents were appointed by officials of St. Louis,
nine County residents were appointed by authorities of St. Louis County, and a nineteenth member residing in outstate
Missouri was appointed by the Governor. This Board of Freeholders held 27 open meetings and over 100 separate
committee meetings and made personal inspections of sewage facilities in the City and County. The Board was aided in
its study and research by its legal counsel, Mr. Robert E. Blake, and by its research consultant, Dr. Victor D. Brannon of
the Governmental Research Institute.
In the course of their investigations and deliberations, the Freeholders studied local conditions and the needs of the
City and the County. They found that piecemeal efforts to provide adequate sewers in the County have failed because
municipalities and sewer districts individually cover less than a whole watershed and because in many cases they lack the
financial resources to do the job. They also found that the industrial expansion of the entire St. Louis Area is being
hampered by inadequate sewers, and that continued development of St. Louis County will make the sewer problem even
more critical to both City and County in the future unless a concerted area -wide program for its solution is adopted.
The Freeholders were told that, because of over flooded sewers, two youths were drowned several years ago in
the vicinity of Union Avenue and Natural Bridge Road. They were advised that the area along Ashland Avenue, between
Union Boulevard and Clara Avenue, is one of the most frequently flooded areas in the City. It has been estimated by City
officials that the three floods which occurred in 1946 and 1947 caused property damage in this area of about $1,500,000.
At least ten other areas within the City suffered severely from these same floods and the resulting damages amounted to
about $9,000,000.
The Freeholders studied the metropolitan sewer districts now established in many localities, notably Louisville,
Boston, Chicago, Hartford, and Newark, and found that in these localities sewer problems are successfully handled on an
area -wide, watershed basis.
Taking all these matters into consideration, the Board ofFreeholders drafted and recommends this Plan, which in
its essence creates a single Metropolitan Sewer District consisting of the entire City of St. Louis and a large portion of St.
Louis County, roughly extending to or beyond Lindbergh Rd since most of that part of the County drains through the City.
In addition, the Coldwater Creek Watershed, consisting ofland near Lambert Field now being so rapidly developed, is
included in the District. Coldwater Creek must be freed from contamination since its waters flow into the Missouri River
and thence into the Mississippi River above the City's Chain of Rocks Water Plant where the City gets much of its water
supply. This one Metropolitan Sewer District is given necessary powers to build, operate, and maintain all sewer facilities
within its area.
Your Board of Freeholders scheduled four City and four County public hearings on this proposed Plan, for the
purpose of more fully advising the people of the City and the County of the health hazards now existing and the absolute
geographical necessity of handling sanitary sewage and storm water problems on a "water runs down hill" basis.
At these public hearings, your Board of Freeholders explained the powers, duties, and responsibilities granted to
the proposed Metropolitan Sewer District and the methods whereby such overall district can cope with many sewer
problems and eliminate the health hazards now existing.
Many valuable suggestions were made by the people who attended the public hearings and by the civic
organizations which studied the preliminary draft of the Plan. As a result of these suggestions, more than 50 changes and
improvements were made in the Plan before it was finally approved by the Board of Freeholders.
Message relating to Amendments in Year 2000
For the most part, the message stated above, which was contained in the Plan approved by voters in February
1954, rings as true today as it did then. Still St. Louis City and County have changed, and the District must also adjust to
those changes in order to continue protecting and safeguarding the citizens of the area and the waters flowing through and
around it.
It is for this reason that the Metropolitan St. Louis Sewer District Board of Trustees has proposed amendments
to the Plan of the District. These amendments will provide the District with the necessary tools to continue providing quality
service and to address additional water quality and stormwater needs that exist or may develop in the years ahead.
The District has functioned well since its creation. Many of the wastewater problems alluded to in the 1954 Plan
have been addressed. Yet there are new challenges due to changes in the law, a more diverse and larger population and
enhanced technology.
Changes in existing law have probably impacted the District most. In 1972, the United States Congress
substantially revised the Federal Water Pollution Control Act, the single most important water environmental legislation ever
passed. The law requires the elimination of pollutants entering the nation's waterways except as authorized by a permit.
This single law, along with subsequent amendments to it, greatly changed what agencies like the Metropolitan St. Louis
Sewer District must do to enhance water quality. While the act previously provided for federal construction grants, it now
provides loans under the State Revolving Loan Fund program to build required massive improvements to the sewer system.
The Act establishes standards for the operation and effectiveness of the treatment of wastewater, which are typically
contained in a permit. Permit compliance and the infrastructure costs necessary to achieve and demonstrate compliance
have and continue to add to the cost of providing this service to the public.
The area covered by the District has more than doubled since the Plan's passage. A 1977 annexation election
brought into the District's boundaries nearly all the remaining portions of St. Louis County. This area was experiencing the
same problems that prompted voters in 1954 to approve the Plan of the District. Residents in the newly annexed area also
wanted a coordinated, comprehensive approach to resolving these problems.
As the St. Louis region has continued to prosper and grow, drainage issues are now at the forefront. Additional
emphasis has been placed on addressing stormwater runoff management in the area served by the District. The District must
have the mechanisms available to address these concerns.
The Plan amendments proposed to voters will provide the District with more options in meeting its needs. These
proposals will enhance the District's ability to provide the residents and businesses with quality service.
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CHARTER (PLAN)
OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT
ARTICLE 1
INCORPORATION AND GOVERNMENT
SECTION 1.010. Metropolitan sewer district established -- Name -- Body corporate. -- In the interest of
the public health and for the purpose of providing adequate sewer and drainage facilities within the boundaries herein
defined, or as extended in the manner herein provided, there is hereby established a metropolitan sewer district under the
provisions of Section 30 of Article VI of the Constitution of Missouri. Said District shall be known by and under the name
of "The Metropolitan St. Louis Sewer District." Said District, hereinafter referred to as "the District," shall be a body
corporate, a municipal corporation, and a political subdivision of the state, with power to adopt, use, and alter at its pleasure
a corporate seal, sue and be sued, contract and be contracted with, and in other ways to act as a public corporation within
the purview of this Plan, and shall have the powers, duties, and functions as herein prescribed.
SECTION 1.020. Powers of District vested in Board of Trustees -- Executive Director to administer
government. -- Pursuant to the provisions of this Plan and subject to the limitations imposed hereby and by the Constitution
of Missouri, all powers of the District shall be vested in a Board of Trustees, hereinafter referred to as "the Board", which
shall enact District ordinances, adopt budgets, determine policies, and appoint the Executive Director, who shall execute
the ordinances and administer the government of the District and all subdistricts. The powers of the District shall be
exercised in the manner prescribed in this Plan, or, if not prescribed herein, in such manner as may be prescribed by the
Board.
ARTICLE 2
DISTRICT BOUNDARIES AND EXTENSIONS
SECTION 2.010. Boundaries of the District. -- The District as particularly described below shall consist of
and include all of the land situated within the City of St. Louis and that portion of the land situated within St. Louis County
within the metes and bounds set forth below:
Beginning at a point on the state line between the States of Missouri and Illinois; said point being
at the intersection of said state line and a line bearing N 891 15' E from the southeasterly corner of the
Jefferson Barracks National Cemetery; thence on said line S 891 15' W to the southeasterly corner of the
Jefferson Barracks National Cemetery; which point is also in the northerly line of the property of the U.S.
Veterans Hospital; thence westwardly along said northerly line to its intersection with the centerline of
Poore Street; thence northwardly along said centerline of Poore Street to the centerline of Lindsay Street;
thence westwardly along said centerline of Lindsay Street to the centerline of Leavenworth Road; thence
northwardly along the centerline of Leavenworth Road to its intersection with the centerline of Sheridan
Road to the East; thence westwardly along the centerline of Sheridan Road to its intersection with the
southwardly prolongation of the westerly line ofBlock 3 of Sylvan Springs; thence northwardly along said
prolongation and said westerly line of Lots 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, and 1 of Block 3 of Sylvan
Springs and the northwardly prolongation of said line and the westerly line of Lot 1 of Block 2 of Sylvan
Springs to its intersection with northerly line of said Lot 1; thence eastwardly along said northerly line of
Lot 1 and along the northerly line of Lots 2 and 3 of Block 2 of Sylvan Springs to its intersection with the
westerly line of Lot 7 of said Block 2 of Sylvan Springs; thence northwardly along the westerly line of Lots
7, 8, and 9 of Block 2 of Sylvan Springs and the northwardly prolongation of said line to its intersection
with the centerline of Jackson Street; thence eastwardly along said centerline of Jackson Street to its
intersection with the centerline of Sherman Avenue; thence northwestwardly along said centerline of
Sherman Avenue to its intersection with the centerline of Jefferson Drive; thence westwardly along said
centerline of Jefferson Drive to its intersection with the centerline of Telegraph Road; thence southwardly
along said centerline of Telegraph Road to its intersection with the eastwardly prolongation of the southerly
line of Block 135 of Carondelet Commons; thence westwardly along said prolongation and said southerly
line to its intersection with the easterly line of Block 1 of Monticello; thence southwardly along said easterly
line of Block 1 of Monticello and the easterly line of Block 142 of Carondelet Commons and on the
prolongation of said line to its intersection with the centerline of Franru Lane; thence westwardly along said
centerline of Franru Lane to its intersection with the easterly line of U.S. Survey 2993; thence southwardly
along said easterly line of U.S. Survey 2993 to an intersection with a property line which is 500 feet more
or less northwardly from the northerly line of Sappington Barracks Road; thence westwardly along said
property line a distance of 614.66 feet to its intersection with the westerly line of Laura Road; thence
southwardly along said westerly line of Laura Road to the centerline of Sappington Barracks Road; thence
westwardly along said centerline of Sappington Barracks Road to its intersection with the easterly line of
Block 102 of Carondelet Commons, said line also being the westerly line of Block 114 of Carondelet
Commons; thence southwardly along said line between Blocks 102 and 114 of Carondelet Commons and
its southwardly prolongation to the centerline of the 50 foot alley south of Lindbergh Boulevard;
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thence westwardly along said centerline of the alley to the centerline of Decker or Berview Lane;
thence southwestwardly along said centerline to a point 200 feet southwestwardly from and measured at
right angles to the southerly line of Lindbergh Boulevard; thence northwestwardly along a line 200 feet
from, measured at right angles to and parallel to the southerly line of Lindbergh Boulevard to the centerline
of Union Road; thence northeastwardly on said centerline to its intersection with the centerline of Lindbergh
Boulevard; thence northwestwardly along said centerline of Lindbergh Boulevard to its intersection with
the centerline of East Concord Road; thence westwardly along said centerline of East Concord Road to
the centerline of Von Talge Road; thence westwardly along said centerline of East Concord Road a
distance of 740.85 feet; thence N 01 15' E along a lot line a distance 1,182.77 feet; thence N 881 49' W
to a point; said point being 1,503.43' along a line running N 881 49' W from centerline of Lindbergh
Boulevard; thence N 01 16' E a distance of 82.9 feet, thence N 881 49' W a distance of 147 feet; thence
N 141 10' E to the southerly line of Lot 1 of the Jonas Ochs Subdivision; thence along the southerly line
of Lots 1, 2 and 3 of said subdivision to the southwesterly corner of said Lot 3; thence northwardly along
the westerly line of said Lot 3 a distance of 964.2 feet; thence N 881 14' W to the centerline of Tesson
Ferry Road said line being in Section 28, T44 N, R6 E; thence southwestwardly along said centerline of
Tesson Ferry Road to its intersection with the centerline of Baptist Church Road; thence northwardly along
said centerline of Baptist Church Road to its intersection with the centerline of Lindbergh Boulevard; thence
northwestwardly along said centerline of Lindbergh Boulevard to its intersection with the centerline of
Gravois Road; thence southwestwardly along said centerline of Gravois Road to its intersection with the
centerline of Geyer Road; thence northwardly along said centerline of Geyer Road to a point; said point
being 533.21 feet southwardly along the centerline of Geyer Road from the centerline of Denny Road;
thence N 891 02' W a distance of 755.24 feet across a portion of Section 19, T44 N, R6 E; thence N 01
50' E to the centerline of Lindbergh Boulevard; thence northwestwardly along said centerline of Lindbergh
Boulevard to its intersection with the centerline of Root Road; thence westwardly along said centerline of
Root Road to its intersection with the westerly line of U.S. Survey 2453; thence northwardly along said
westerly survey line to the northwesterly corner of said Survey; thence northwestwardly in a straight line
to the point of intersection of the southerly city limits line of Kirkwood with the southerly prolongation of
the east line of Harrison Avenue;
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thence along the southerly city limits of Kirkwood to the southwesterly corner of said limits; thence
northwardly along the westerly city limits line and its prolongation to the centerline of Dougherty Ferry
Road; thence westwardly along said centerline to its intersection with a line, said line being 500 feet
westwardly from, measured at right angles to and parallel to the west line of Des Peres Road; thence
northwardly along said line to its intersection with the centerline of Manchester Road; thence eastwardly
along said centerline of Manchester to a point 720 feet westwardly from the west line of Ballas Road;
thence northwardly along a line 720 feet west of and parallel to the west line of Ballas Road to the
intersection with a property line running west thereof; said property line being 1,583 feet south of the south
line of Clayton Hills Subdivision; thence westwardly along said property line a distance of 613.55 feet to
the intersection with a line 1,334 feet west of the west line of Ballas Road; thence northwardly along said
line, which is the corporate limits line between the Town of Des Peres and the Town of Town and Country,
to the southern line of the Clayton Hills Subdivision; thence westwardly along said southern line to the
western line of said Clayton Hills Subdivision; thence northwardly along said western line of the Clayton
Hills Subdivision and said line produced northwardly to and across Clayton Road to the intersection with
a line 200 feet north of and parallel with the north line of Clayton Road;
thence eastwardly along said line 200 feet north of and parallel to Clayton Road to its intersection
with the east line of Claycrest Subdivision; thence northwardly along the east line of Claycrest Subdivision
and its projection northwardly for a distance of 1,042.8 feet to a property line; thence eastwardly along said
property line to its intersection with a property line parallel to and 684.42 feet west of the centerline of
Ballas Road, 60 feet wide; thence northwardly along said parallel line to its intersection with the north line
of Traffic Relief U.S. Highway 40; thence westwardly along the north line of Traffic ReliefU.S. Highway
40 to its intersection with a line parallel to and 870 feet west of the west line of Ballas Road, 60 feet wide;
thence northwardly along said parallel line and its projection northwardly to its intersection with the
centerline of Conway Road; thence westwardly along the centerline of Conway Road to its intersection
with a line parallel to and 1,337.82 feet west of the centerline of Ballas Road, 60 feet wide; thence
northwardly along said parallel line and said parallel line produced northwardly for a distance of 1,003.16
feet north of the south boundary line of the Village of Creve Coeur to a point; thence westwardly along a
straight line connecting said point with the south line of Beacon Hill, a subdivision on the south side of Ladue
Road, and along said south line of said subdivision to its intersection with the west line of said subdivision;
thence northwardly along the west line of said subdivision to its intersection with a property line parallel to
and 1,344.42 feet south of the centerline of Ladue Road; thence westwardly along said property line a
distance of 610 feet; thence northwardly along a property line 610 feet west of and parallel to the west
boundary lines of the Village of Creve Coeur and said parallel line produced northwardly to its intersection
with a property line 1,237.51 feet north of and parallel to the centerline of Ladue Road; thence eastwardly
along sad parallel line north of Ladue Road to its intersection with the west line of the 40 -acre tract now
or formerly owned by Julius Linden on the north side of Ladue Road and the west side of Emerson Road;
thence northwardly to the north line of said Linden 40 -acre tract; thence eastwardly along said north line
of said property to the east line of Emerson Road; thence northwardly along the east line of Emerson Road
and its prolongation northwardly to its intersection with the northerly right-of-way line of the Missouri
Pacific Railroad; thence westwardly along the northerly right-of-way line of the Missouri Pacific Railroad
to its intersection with a line 1,398.37 feet west of and parallel to the west line of Emerson Road running
southwardly from Olive Street Road; thence northwardly along said parallel line to its intersection with the
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northern limits of the Village of Creve Coeur north of Olive Street Road; thence eastwardly along the
northern limits of the Village of Creve Coeur to its intersection with a line 200 feet west of and parallel to
Lindbergh Boulevard;
thence northwardly along said line 200 feet west of and parallel to Lindbergh Boulevard to its
intersection with a property line 339 feet more or less north of the south line of Township 46 North, which
point is 940 feet more or less north of the north line of Olive Street Road; thence eastwardly along said
property line to the centerline of Lindbergh Boulevard; thence northwardly along the centerline of Lindbergh
Boulevard to a property line running east thereof, which property line is 1,336 feet more or less north of
the south line of Section 36, Township 46 North, Range 5 east; thence eastwardly along said line a distance
of 1,300 feet more or less to its intersection with a property line running north; thence northwardly along
said property line and said property line produced northwardly to the north line of the right-of-way of the
Chicago, Rock Island and Pacific Railroad; thence northeastwardly in a straight line to the intersection of
the centerlines of Link Road and Trenton Avenue; thence northwardly along the centerline of Link Road
to the centerline of Maddox Place (Maple Place); thence eastwardly along the centerline of Maddox Place
to the centerline of Forest Avenue; thence northwardly along the centerline of Forest Avenue to the
centerline of Lackland Road; thence eastwardly along the centerline of Lackland Road to a property line
400 feet east of and parallel to Ashby Road; thence northwardly along said line 400 feet east of and parallel
to Ashby Road to the centerline of the alley between Eaglewood Avenue and Canter Way; thence
westwardly along said centerline of said alley to the centerline of Ashby Road; thence northwardly along
the centerline of Ashby Road to the south line of Midland Boulevard; thence eastwardly along the south
line of Midland Boulevard to the intersection with a property line approximately 423 feet east of and parallel
to Ashby Road; thence northwardly along said property line to Thorpe Avenue, eastwardly along the
centerline of Thorpe Avenue to the centerline of Longfellow, northwardly along the centerline of Longfellow
Avenue to the centerline of Decker Avenue (Emerson Avenue); thence westwardly along the centerline of
Decker Avenue to the centerline of Ashby Road; thence along the centerline of Ashby Road to the
intersection with a property line west of Ashby Road, which line is 130 feet south of and parallel to
Wurdack Avenue; thence westwardly along said south line to its intersection with a line between lots on
Wurdack Avenue, which line produced northwardly intersects the south line of Clarendon Avenue at a
distance of 766.73 feet west of the west line of Ashby Road; thence northwardly along said lot line and said
lot line produced northwardly to the centerline of Fairview Avenue; thence westwardly along the centerline
of Fairview Avenue to its intersection with the west line of Kerr Avenue produced southwardly; thence
northwardly along said produced line along the west line of Kerr Avenue and said line produced to the
intersection with the south line of Airport Township, which is the north line ofU.S. Survey 890; thence
westwardly along the south line of Airport Township to the centerline of Adie Road; thence northwardly
along the centerline of Adie Road to the intersection with the south line of Lindbergh Acres Subdivision;
thence westwardly along said south line to the east line of Wee Avenue; thence northwardly along said east
line of Wee Avenue and said line produced to the north line of the lots fronting on the north side of Florence
Avenue; thence westwardly along said north line of said lots to the west line of Berkeley Garden Home
Sites; thence in a straight line to a point in the centerline of Lindbergh Boulevard 600 feet south of the
intersection of the centerlines of Lindbergh Boulevard and Old St. Charles Rock Road, north along said
centerline of Lindbergh Boulevard to the centerline of Old St. Charles Rock Road; thence westwardly
along the centerline of Old St. Charles Rock Road to the west line of South Pattonville Subdivision; thence
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northwardly along the west line of South Pattonville Subdivision to the centerline of Prospect Drive; thence
eastwardly along the centerline of Prospect Drive to the centerline of Midview Avenue; thence northwardly
along the centerline ofMidview Avenue to the centerline of Oak Avenue; thence eastwardly along the
centerline of Oak Avenue to the centerline of Raymond Avenue; thence northwardly along the centerline
of Raymond Avenue to the centerline of St. Charles Rock Road (U.S. Highway 40);
thence eastwardly along the centerline of St. Charles Rock Road to its intersection with a property
line extending northwardly from St. Charles Rock Road and approximately 230 feet west of the west line
of Fee Fee Road; thence northwardly along said property line a distance of about 230 feet to a property
line parallel to St. Charles Rock Road; thence eastwardly along said property line to the intersection with
a line 200 feet west of and parallel to the centerline of Fee Fee Road; thence northwardly along said
parallel line to the south line of the Fee Fee Hills Subdivision; thence westwardly along said south line of
Fee Fee Hills Subdivision to the west line ofFee Fee Hills Subdivision; thence northwardly along said west
line and said line produced to the centerline of Fee Fee Road; thence northwestwardly along the centerline
of Fee Fee Road and said centerline produced across Natural Bridge Road to its intersection with the
centerline of Fee Fee Road as it is prolonged southeastwardly south of Gist Avenue; thence
northwestwardly along the centerline of said Fee Fee Road to the centerline of Gist Avenue; thence
northwestwardly along the centerline of Gist Avenue to a line 400 feet northwest of and parallel to the west
line ofFee Fee Road; thence northeastwardly along said parallel line to a property line approximately 1,400
feet northeast of the centerline of Gist Avenue; thence southeastwardly along said centerline to the
centerline of Fee Fee Road; thence northeastwardly along the centerline of Fee Fee Road to the north line
of the right-of-way of the Wabash Railroad; thence northeastwardly along the centerline of the northeast
fork of Fee Fee Road to the centerline of Missouri Bottoms Road; thence southeastwardly along the
centerline of Missouri Bottoms Road to the centerline of Fee Fee Road punning north of the Missouri
Bottoms Road; thence northwardly along the centerline of Fee Fee Road to its intersection with a line
523.74 feet south of the north line of Brown Road; thence westwardly along said described line a distance
of 1,353.41 feet to a line which is the western city limits of the Village of Hazelwood; thence northwardly
along said western city limits line to its intersection with the southern city limits line of Hazelwood, which
is approximately 861.7 feet south of and parallel to Utz Lane; thence westwardly along said line 861.7 feet
south of and parallel to Utz Lane to its intersection with the centerline of Howdershell Road; thence
northwardly along the centerline of Howdershell Road to its intersection with the centerline of Mullanphy
Lane; thence northwardly along the centerline of Shackleford Road to the centerline of Humes Lane a
distance of about 2,000 feet; thence eastwardly along the centerline of Humes Lane to the centerline of
Patterson Road; thence northwardly and northeastwardly along the centerline of Patterson Road to the
centerline ofNew Halls Ferry Road; thence southeastwardly along the centerline of New Halls Feny Road,
continuing across Lindbergh Boulevard and Parker Road to its intersection with a line approximately 2,600
feet south of Parker Road, which is the east -west mid -section line of Section 25, Township 47 North,
Range 6 East; thence eastwardly along said mid -section line and the mid -section line of Section 30,
Township 47 North, Range 7 East to the centerline of Old Halls Ferry Road; thence northwardly and
northeastwardly along the centerline of Old Halls Ferry Road to its intersection with a line 200 feet
northwardly from and measured at right angles to and parallel to Parker Road;
thence eastwardly through Section 19, T47 N, R7 E on a line parallel to and 200 feet northwardly
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and northwestwardly from and measured at right angles to the northerly line of Parker Road to an
intersection with the westerly line of Lot 14 of the subdivision of the Page Estate which is also the westerly
line of a cemetery owned by the Salem Lutheran Church; thence northwestwardly along said westerly line
to the northwesterly comer of said cemetery; thence eastwardly along the northerly line of said cemetery
to the northeasterly comer of said cemetery; then northeastwardly in a straight line to a point on the
westerly line of a lot, said point being 200 feet northerly from and measured at right angles to Parker Road;
thence eastwardly on a line parallel to and 200 feet northwardly and northeastwardly from and measured
at right angles to the northerly line of Parker Road to the intersection of said line with the easterly line of
Bellefontaine Road; thence southwardly along said easterly line ofBellefontaine Road a distance of 75 feet
more or less to the southerly line of a lot owned by the Spanish Lake Community Volunteer Fire
Organization; thence southeastwardly along said southerly line a distance of 181.90 feet to the easterly line
of said lot; thence southeastwardly in a straight line through Lake Village Plot No. 2 to a point on the
easterly line of U.S. Survey 209 said line also being the westerly line ofU.S. Survey 155 said point being
1,198.83 feet from the northerly line of Trampe Lane along the westerly line of U.S. Survey 155; thence
southwardly along the westerly line of Lot B of Leanora Subdivision a distance of 826 feet more or less
to the northerly line of Lot A ofLeanora Subdivision; thence eastwardly along said northerly line and its
prolongation to its intersection with a line, said line being 250.01 feet eastwardly from measured at right
angles to and parallel to the easterly line of Lots A and B ofLeanora Subdivision; thence S 71 0' W along
said line and its prolongation to its intersection with the northerly line of Trampe Lane; thence across
Trampe Lane to the northwesterly comer of Lot 2 of Dale Ridge; thence along the westerly line of Lot 2
and along the southwardly prolongation of said lot line through part of U.S. Survey 155 and Lots 30, 31,
32, and 33 ofNorthdale No. 2 to the intersection of said prolongation with the southerly line of Lot 5 of
the Resubdivision of Lots 12, 13, 14, and 15 of J. C. Twillman Subdivision; thence eastwardly along said
southerly line of Lot 5 and the prolongation of said lot line through U.S. Survey 398 to its intersection with
the westerly line of the Chicago, Burlington and Quincy Railroad Right -of -Way; thence across Right -of -
Way to the northwesterly corner of Lot 1 of Block 11 of Larimore Hills; thence eastwardly along the
northerly lines of Lots 1 thru 12 of said Block and their eastwardly prolongation and along the northerly
line of Lots 22 thru 36 of Block 6 of Larimore Subdivision to its intersection with the northwestwardly lot
lines of Lots 1, 2, 3, 4, and 5 of Block 6 of Larimore Hills; thence southwestwardly along the
northwestwardly lot line of Lot 4 of said Block 6 to the southwesterly corner of said Lot 4; thence
southeastwardly along the southerly line of Lot 4 and its southeastwardly prolongation to its intersection
with the centerline of Larimore Road; thence along said centerline of Larimore Road to a point on the
intersection of the prolongation of a lot line with the centerline of Larimore Road; said lot line being 310.5
feet northwardly along the easterly line of Larimore Road from the northerly line of Prigge Road; thence
along said lot line to its intersection with the westerly line of Lot 9 of Greenway Acres; thence northwardly
along said westerly line to the northwesterly corner of Lot 9 of Greenway Acres; thence eastwardly along
the northerly line of Lots 9 thru 24 of Greenway Acres and the prolongation of said line, through a part of
U.S. Survey 113, to its intersection with the easterly line of Columbia Bottoms Road; thence southwardly
along said easterly line to a point, said point being 440.33 feet along the easterly line of Columbia Bottoms
Road from the southerly line of U.S. Survey No. 113; thence eastwardly along a lot line which intersects
the easterly line of Columbia Bottoms at the above described point and the eastwardly prolongation of said
lot line to its intersection with the state line between the States ofMissouri and Illinois; thence along said
state line to the point of beginning.
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SECTION 2.920. Extension of District boundaries. -- The boundaries of the District as herein defined may
be extended to include any area in St. Louis County which, in the judgment of the Board, could be efficiently served by the
sewer or drainage. facilities of the District. The procedure to effect any such extension shall be as follows: a petition praying
for annexation and setting forth the boundaries of the area to be annexed, signed by owners of land in said area, shall be
filed with the Board; and the term "owner" shall mean the holder of the legal title to a freehold interest in land, and for this
purpose shall include mortgagors and grantors in deeds of trust to secure debts, and shall not include remaindermen,
reversioners, or holders of equitable interests. If said petition is signed by a majority of the owners of land in said area, who
are also the owners of more than one-half of the land area therein, and if the Board after examination and consideration of
the facts, grants the petition for annexation of said area, the Board shall by ordinance set forth the relevant facts and declare
that the corporate boundaries of the District are thereby extended so as to include said area, and certified copies of such
ordinance shall be filed in the offices of the Recorder of Deeds of St. Louis County, the Recorder of Deeds of the City of
St. Louis, and the Secretary of State.
If said petition for annexation is signed by one hundred or more owners of land in the area to be annexed, but such
signers do not constitute a majority of owners of land in said area owning more than one-half of the land area therein, and
if the Board grants the petition for annexation: of said area, the Board shall direct the Board of Election Commissioners of
St. Louis County to call and hold an election in said area upon the question of whether said area should be annexed to the
District. Such election shall be held on a date fixed by the Board of the District. The ballots used in said election may be
in the following form:
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OFFICIAL BALLOT
(Instructions to voters: To cast a vote in favor of the annexation of area, place a cross (X) mark in the
square opposite the word "Yes"; to cast a vote against annexation of area place a cross (X) mark in the
square opposite the word "No.")
For the annexation of the areaYes
No
The Board of Election Commissioners of St. Louis County shall certify the results of the election to the Board of
the District. If a majority of the votes cast on the proposition shall be in favor of the annexation of said area, the Board
of the District shall by ordinance set forth the relevant facts and declare that the corporate boundaries of the District are
thereby extended so as to include said area, and certified copies of such ordinance shall be filed in the offices of the
Recorder of Deeds of St. Louis County, the Recorder of Deeds of the City of St. Louis, and the Secretary of State. If
a majority of the votes cast on the proposition shall be against such annexation, then the Board of the District shall record
the relevant facts and declare that the proposal to extend the boundaries has failed and that the boundaries of the District
shall remain unchanged.
The Board of the District may prescribe conditions precedent to entertaining such petition for annexation, including
the condition that the District shall have free access to the area for the purposes of making maps, profiles, drawings, or other
data necessary to a consideration of the petition and for apportionment of costs of construction and maintenance.
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ARTICLE 3
POWERS OF THE DISTRICT
SECTION 3.010. District to take over existing sewer facilities. -- Effective on July 1, 1954, and by virtue
of the adoption of this Plan by vote of the people of the City of St. Louis and St. Louis County, the existing sanitary and
storm water sewer systems and facilities of any and all municipalities, sewer districts, and other public agencies situated
within the boundaries of the District, together with all contracts, rights, privileges, interests, easements, books, maps, plans,
papers, and records, of whatever description pertaining to or relating to the design, construction, maintenance, operation,
or affairs of such existing sanitary and storm water sewer systems and facilities, and title to the same, shall be transferred
and dedicated to the use of and be in the possession and under the jurisdiction, control, and supervision of the District under
this Plan created, and the District is empowered to take title thereto for its use and possession. The District hereunder
created shall thereafter have complete title, jurisdiction, control, possession, and supervision of such existing sanitary and
storm water sewer systems and of all facilities of such municipalities, sewer districts, and other public agencies for the
collection and disposal of sanitary sewage and storm water. Provided, however, that the District shall not assume or agree
to pay or be liable for any bonded indebtedness of any such municipality, sewer district, or other public agency. Provided,
further, that any transfer of title to automobiles, trucks, or other movable equipment used for purposes of construction,
maintenance, or operation of such existing sanitary and storm water sewer systems and facilities, title to land or buildings
used exclusively for administering the affairs of such systems and facilities, or title to the furnishings and equipment in such
buildings, shall be made by an agreement or agreements between the District and any such municipality, sewer district, or
other public agency. Provided, further, that in order to assure continuity of operation and maintenance any such
municipality, sewer district, or other public agency shall continue to maintain and operate its existing sanitary and storm
water sewer systems and facilities until the Board shall by resolution set a date on which the District shall undertake the
maintenance and operation of said systems and facilities, and on and after such date the District shall exclusively operate,
maintain, and control said systems and facilities.
SECTION 3.020. Powers of the District. -- The District established under the provisions of this Plan shall have
power:
(1) 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,
andjurisdictionnecessary or proper for carrying such powers into execution. No enumeration of powers in this Plan
shall operate to restrict the meaning of this general grant of power or to exclude other powers comprehended within
this general grant.
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(2) To prepare or cause to be prepared and to revise and adopt plans, designs, and estimates of costs,
of a system or systems of outfall sewers, trunks, mains, submains, interceptors, lateral sewers, outlets for sewerage,
storm water drains, pumping and ventilating stations, disposal and treatment plants and works, and any and all other
structures, systems, works, and things which, in the judgment of the Board, will provide an effective and
advantageous means for insuring the area within such District of adequate sanitary and storm water drainage and
of adequate sanitary disposal and treatment of the sewage thereof, or such sections or parts of such system or
systems as the Board may from time to time deem necessary or proper to construct, consistent with the purposes
of this Plan, and to take any and all such steps as the Board may deem necessary and proper to effect the purposes
hereof.
(3) To construct any additions, improvements, or extensions to the facilities of the District, by contract
or contracts, or under, through, or by means of its own officers, agents, and employees, and to construct any such
additions, improvements, or extensions across, through, over, or under any public highway, railroad, right -of- way,
tract, grade, fill or cut, and any other right-of-way or easement in the District; and to remove any fence, building,
or other improvement in the District where necessary or proper for the construction of such additions,
improvements, or extensions.
(4) To establish, own, acquire, construct, lease, operate, and maintain, as a part of the sewer and
drainage system or systems of the District, sewage treatment and disposal plants and systems and all the
appurtenances and appliances thereunto belonging, and to sell any product or by-product manufactured in the
course of sewage treatment.
(5) To own, acquire, and hold such personal property as the Board may deem necessary and proper
for carrying out the corporate purposes of the District, and to dispose of personal property when the District has
no further need therefor.
(6) To own, hold, control, and acquire by donation, purchase, contract, lease, or by the exercise of
the power of eminent domain any and all rights of property, either public or private, of every kind and character
necessary for the purposes of the District. In exercising the right of eminent domain, the District shall follow the
procedure that is now provided by Article XXI of the Charter of the City of St. Louis, or the procedure prescribed
by Chapter 88, Revised Statutes of Missouri, 1949. The District may sell and convey any property no longer
necessary or useful in its operations.
(7) To contract with municipalities, districts, other public agencies, individuals, or private corporations,
or any of them whether within or without the District, for the construction, use, or maintenance of common or joint
sewers, drains, outlets, and disposal plants, or for the performance of any service required by the District.
(8) To contract with, and thereunder to permit municipalities, districts, other public agencies,
individuals, or private corporations, or any of them whether within or without the District, to connect with and use
the facilities of the District. The rates for such service and connections shall be such as may be agreed upon
between the contracting parties.
(9) To enter into and perform contracts, whether long-term or short-term, with any establishment,
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whether within or without the District, for the provision and operation by the District of sewerage facilities to abate
or reduce the pollution of waters caused by discharges of wastes by such establishment, and the payment
periodically by such establishment to the Districtof amounts at least sufficient to compensate the District for the cost
of providing (including payment of principal and interest charges, if any) and operating and maintaining the sewerage
facilities serving such establishment.
(10) To enter into negotiations with the Federal Government and the State of Missouri and other states
and political subdivisions thereof, or the agencies of any of them, and apply for and obtain from any of them, any
and all assistance and grants-in-aid that may be available.
(11) To enter into such agreements as are required by law for the purpose of extending the benefits of
the federal old -age and survivors insurance system to employees of the District.
(12) To make contracts and execute all instruments necessary or proper in the premises.
(13) To incur debts by borrowing money or otherwise, and to give any appropriate evidence thereof.
(14) To provide for the borrowing of money in anticipation of the collection of taxes and revenues for
the fiscal year. The amount of such loans shall at no time exceed ninety per cent of the estimated collectible taxes
and revenues for the year yet uncollected. The Board shall determine by ordinance the amount and terms of such
loans, and the Executive Director shall execute and issue warrants of the District for all money so borrowed to the
lenders thereof as evidence of such loans and of the terms of the District's obligation to repay the same.
Immediately before their delivery to such lenders, such warrants shall be registered in the office of the Director of
Finance of the District and, upon delivery, shall also be registered in the office of the Secretary -Treasurer of the
District. Such warrants so issued and registered in connection with such loans shall have preference and priority
in payment from the date of their registration by the Secretary -Treasurer over all warrants subsequently issue)
(15) To meet the cost of acquiring, constructing, improving, or extending all or any part of the sewer or
drainage facilities and systems: (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 maybe 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 sewerage and drainage facilities
and systems 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 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.
(16) 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-
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classifications which the Board may determine to be fair and reasonable, whether similar or dissimilar to those
hereinafter enumerated and which are or shall be established by ordinance, including but not limited to: (a) the
consumption of water on premises connected with such facilities, taking into consideration commercial, industrial,
and agricultural use of water; (b) the number and kind of plumbing fixtures connected with such facilities; (c) the
number of persons served by such facilities; or (d) any combination of the factors enumerated. 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.
(17) To enter into an agreement or agreements with any municipality, other public agency, or private
water company for the collection of rates, rentals, or other charges levied by the District for sewer services. Such
municipality, other public agency, or private water company is hereby authorized to collect such rates, rentals, or
other charges and to discontinue water services upon any failure to pay the same within the time prescribed by
ordinance. If any municipality, other public agency, or private water company situated within the District possesses
any information which will assist the District in calculating such rates, rentals, or other charges for sewer services,
it shall be the duty of such municipality, other public agency, or private water company to furnish such information
to the District.
(18) To enter on any lands, waters, and premises for the purposes of making surveys, soundings, and
examinations.
(19) To approve, revise, or reject the plans and designs of all outfall sewers, trunks, mains, submains,
interceptors, lateral sewers, outlets for sewerage, storm water drains, pumping and ventilating stations, and disposal
and treatment plants and works proposed to be constructed, altered, or reconstructed by any other person or
corporation, private or public, in the District. No such sewer or drainage facilities shall be constructed or
reconstructed without the approval of the District. Any such work shall be subject to inspection and supervision
of the District.
(20) To levy, assess, and collect taxes on all taxable property within the District or a subdistrict, as the
case may be; provided, that the rate of taxation for purposes of operation and maintenance shall not exceed ten
cents on the hundred dollars assessed valuation.
(21) To fix, levy, and collect special benefit assessments for the construction, improvement, or extension
of sewer or drainage facilities, levied ratably by area upon such lots or parcels of ground within the District, whether
public or private, as are benefited by said construction, improvement, or extension, and for such purposes to
provide by ordinance for the classification and reclassification of such benefited properties into such classes or
subclasses as the Board may determine to be fair and reasonable.
(22) To provide a retirement system for employees of the District if and when permissible under the
Constitution and laws of the State of Missouri.
(23) To require the owner or owners of any real property capable of being efficiently served by the
facilities of the District to connect with and use such facilities in any case where the Board finds that the sewage or
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drainage from such property constitutes a public nuisance or a danger to public health or safety.
(24) To subdivide the District into subdistricts and prescribe the boundaries thereof within which sewer
or drainage facilities may be constructed, reconstructed, or improved at the expense of the subdistrict; provided,
that in no case shall the boundaries of any such subdistrict extend beyond the area capable of being efficiently
served or drained by the sewer or drainage facilities to be constructed, reconstructed, or improved. Any resident
or residents of the District may petition the Board to establish such subdistrict, and the Board shall consider such
petition as promptly as possible. No ordinance establishing such subdistrict shall become effective until three weeks
after the Board shall have a public hearing on said ordinance, and a notice of such hearing shall be published in one
or more newspapers of general circulation, published in the District, at least three weeks before such hearing. Such
notice shall state the time, place, and purpose of such hearing. When such subdistrict has been established in the
manner provided in this Plan, the Board shall possess and exercise within such subdistrict all the powers, duties,
and functions which are prescribed herein for the District as a whole. The Board may appoint a committee of
residents of any such subdistrict to serve in an advisory capacity. The Board may in its discretion disestablish any
such subdistrict when its purposes have been fulfilled.
(25) To provide for the functional administration of other Services common to the area within the District
when authorized by amendment to this Plan proposed and adopted in the manner herein provided.
SECTION 3.030. District Board authorized to establish building or floodway reservation lines along
streams -- Control use of area within lines. -- The Board is authorized, when, in its judgment, the public health or
convenience or the adequate sewerage and drainage of said District shall require such action or when it shall be necessary
for the construction of any bridge, sewer, culvert, highway embankment, or other public works in said District, or for the
protection and security of any such public works already constructed, or when the protection of public or private property
within the confines of said District from the encroachment of flood waters shall require such action: (a) to establish along
and adjacent to any watercourse or stream, natural or artificial, or any part thereof, running in or through or bordering on
the District, building lines or floodway reservation lines; (b) to control, as hereinafter provided, the use of private lands within
such lines; (c) to establish along and adjacent to any watercourse or stream, natural or artificial, or any part thereof, running
in or through or bordering on the District, bank lines or normal flow lines, grades, slopes, and cross sections and to take,
occupy, and appropriate the bed of any such stream or part of a stream and any or all of the banks adjacent to such stream,
and to straighten, deepen, move, lower, or otherwise alter such stream or part of a stream or the banks thereof; (d) to
remove any or all walls, dams, or flumes or other obstructions to the free and healthy flow of water at any time of year,
either under normal conditions or during times of flood; (e) to raise, lower, or otherwise alter any such existing structures;
(f) to build and maintain other walls, dams, flumes, canals, artificial channels, revetments, slope or channel paving or
protection works, or other stream control works; (g) to cover any such stream or cause it to flow through a sewer or other
aqueduct built in and upon the bed of such stream or adjacent thereto, or at some other location; (h) to divert any stream
or part of a stream from its natural or present channel into a new or different channel and to fill in, if it seems advisable, the
old channel or any part thereof; (1) to do and perform any and all other acts necessary, beneficial, or expedient to carry into
effect the above and foregoing purposes and powers.
Such building lines, when established shall become the limits of floodway reservations and no building or part of
a building or appurtenance thereof or any structure shall be set up or erected within the reservation so established and,
except by permission of the Board, no fill shall be made which may diminish the area of flow or otherwise obstruct in any
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way the free flow of flood waters in such reservation nor without such permission shall any dams, walls, or other watertight
or practically watertight structures be constructed or placed within such reservation, and the Board shall fix by ordinance
the method and manner of granting such permission.
SECTION 3.040. District Board authorized to police streams — Penalties. -- Upon the completion of the
layout establishing such building lines along any stream, the authorized agents of the Board shall have the right to enter upon
the land enclosed thereby and to clean, police, and otherwise maintain the channel and banks of the stream or watercourse,
so that the natural and healthful flow of the stream may be maintained at all times. The Board may by ordinance prohibit
the depositing, dumping, or otherwise disposing within such building lines of any sewage, garbage, rubbish, industrial wastes,
loose material, oils, or other soluble or insoluble solid or liquid matter, which may pollute the stream or subsequently be
washed away or carried downstream or which may leave unhealthful or unsightly traces either in the bed of the stream or
on the banks thereof, and may require any person or persons who shall have violated any of the provisions of such
ordinance to remove any or all material they may have deposited or otherwise disposed of within such lines, and, in case
of the failure of the owner of any land within such lines to remove any such material, the Board may order such material
removed at the expense of such owner and, if the owner shall fail to pay the cost of such work, the District may file a lien
for the amount thereof against the property with the Recorder of Deeds of the City of St. Louis or the Recorder of Deeds
of St. Louis County, as the case may be, and the Board may, by ordinance, establish penalties to be imposed when any
of the provisions of any ordinances authorized under this section shall have been violated.
SECTION 3.050. Board authorized to adopt ordinances, rules, etc. -- The Board shall have the power to
adopt and promulgate all ordinances, rules, regulations, by-laws, and agreements necessary, beneficial, or expedient to
regulate the use, operation, and maintenance of property and facilities under its control, and to take such further action as
may be necessary to carry into effect the powers granted the District by this Plan.
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ARTICLE 4
ENFORCEMENT OF DISTRICT ORDINANCES
SECTION 4.010. Violation of District ordinances --Where tried -- Maximum penalties. -- Any violation
of a District ordinance is hereby declared to be a misdemeanor and shall be punishable before the St. Louis Court of
Criminal Correction when such violation occurs in that part of the District situated within the corporate limits of the City of
St. Louis, and before the Magistrate Courts in St. Louis County when such violation occurs in that part of the District
situated within the corporate limits of said county. If the defendant pleads or is found guilty of a violation of a District
ordinance, the judge or the magistrate, as the case maybe, shall declare and assess the punishment prescribed by ordinance
according to his findings or verdict of the jury and render judgment accordingly and for costs, except that no ordinance shall
fix as a penalty a fine of more than one thousand dollars or imprisonment in the city workhouse or the county jail, as the case
may be, for more than one year or both such fine and imprisonment. It shall be part of such judgment that the defendant
stand committed until such judgment is complied with.
SECTION 4.020. Style of prosecutions. -- All prosecutions for the violation of a District ordinance shall be
titled: "The Metropolitan St. Louis Sewer District against "(naming the person or persons charged)
SECTION 4.030. Informations by City Counselor or County Counselor. -- Informations involving violation
of District ordinances shall be filed by the City Counselor of the City of St. Louis, under his oath of office, when such
violation occurs in that part of the District situated within the corporate limits of said city, and by the County Counselor of
St. Louis County, under his oath of office, when such violation occurs in that part of the District situated within the corporate
limits of said county; provided, however, that informations or complaints subscribed and sworn to by any other person
competent to testify against the accused may be filed and proceeded upon as other informations or complaints of like nature
as provided in section 479.130, Revised Statutes of Missouri, 1949, in said city, and section 543.030, Revised Statutes
of Missouri, 1949, in said county.
SECTION 4.040. Enforcement of District ordinances. -- The police in the City of St. Louis and the police,
sheriff, and constables in St. Louis County are hereby charged with the enforcement of all District ordinances in such parts
of the District as are situated within their respective jurisdictions.
SECTION 4.050. Procedure same as in misdemeanor cases. -- Unless in conflict with the provisions of this
Plan, the provisions of Chapter 479, Revised Statutes of Missouri, 1949 shall apply to actions before the St. Louis Court
of Criminal Correction involving the violation of District ordinances, and the provisions of Chapter 543, Revised Statutes
of Missouri, 1949 shall apply to such actions before the Magistrate Courts in St. Louis County.
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ARTICLE 5
BOARD OF TRUSTEES
SECTI ON 5.010. Trustees -- Number -- Appointment — Term. -- The Board shall consist of six members
to be known as Trustees, three of whom shall be appointed by the Mayor of the City of St. Louis and three of whom shall
be appointed by the County Executive of St. Louis County. Each Trustee shall be appointed for a term of four years. No
Trustee shall serve more than two fill consecutive terms plus any portion of an unexpired term. Provided, however, that
each Trustee shall serve until his successor shall be appointed and qualified. Not more than two Trustees appointed from
said City or County, as the case may be, shall be affiliated with the same political party.
When a vacancy occurs on the Board, the Mayor or County Executive, as the case may be, may appoint Trustees
directly or from a list of nominees submitted by one or more residents of the District. Not less than 90 days prior to the
expiration of any Trustee's term, the District shall publish a notice at least once in one or more newspapers of general
publication published in the District that such Trustee's term is expiring. The notice shall also contain a description of the
responsibilities and qualifications of a Trustee, and state that ratepayers and residents are invited to submit nominations to
the Mayor or County Executive, as the case may be. In the case of a vacancy resulting in an unexpired term, the Mayor
or County Executive may request and the District then shall publish such notice.
SECTION 5.020. Trustees — Qualifications. -- Each Trustee appointed by said Mayor shall be a registered
voter of the City of St. Louis, shall have been a resident thereof for at least three years next before his appointment, and
shall continue to reside therein during his tenure of office. Each Trustee appointed by said County Executive shall be a
registered voter of St. Louis County, shall have been a resident of said County for at least three years next before his
appointment, and at the time of his appointment and during his tenure of office shall be a resident of the portion of said
County situated within the District. Each Trustee shall comply with all applicable provisions of Missouri law with respect
to conflicts of interest. No person holding an office of profit under the United States or any state or local government shall
be appointed to the Board, members of the organized militia or of the reserve corps and notaries public excepted. No
person who shall have been convicted of a felony, malfeasance in office, bribery, or other corrupt practice, or of a
misdemeanor involving moral turpitude shall be appointed to the Board, and if any Trustee shall be so convicted, he shall
thereby forfeit his office.
SECTION 5.030. Removal of Trustees. -- Any Trustee appointed by said Mayor or County Executive, as the
case may be, may be removed by said Mayor or County Executive, as the case may be, only upon charges and a fording
of nonfeasance, malfeasance, or misfeasance in office and after a public hearing to be held not less than ten days and not
more than sixty days after a written statement of the specific acts charged has been given to such a member and a copy
thereof filed with the Secretary -Treasurer of the District. At the hearing, the Trustee maybe represented by an attorney
and shall be entitled to present witnesses in his defense. Thdecision of said Mayor or County Executive, as the case may
be, shall be final. A copy of such decision shall be filed with the Secretary -Treasurer of the District.
SECTION 5.040. Compensation of Trustees. -- The compensation of a Trustee shall be the sum of twenty-five
dollars for each day on which he actually attends a regular or special meeting of the Board. Trustees shall be reimbursed
for their necessary and reasonable expenses incurred in the discharge of their duties.
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SECTION 5.050. Board meetings. -- The Board shall hold regular meetings at such times as may be prescribed
by ordinance, but not less than once each month. All meetings of the Board shall be open to the public as provided by law.
Special meetings may be called in such manner as may be prescribed by ordinance. The Mayor of the City of St. Louis and
the County Executive of St. Louis County are invited to attend or be represented at all Board meetings.
SECTION 5.060. Rules of Board business — Quorum. -- The Board shall determine its own rules and order
ofbusiness and shall keep a j ournal of its proceedings. A majority of the members of the Board shall constitute a quorum,
but a smaller number present at any meeting may adjourn from day to day or to a day certain and may compel the
attendance of absent members in such manner and under such penalties as the Board may by ordinance provide.
SECTION 5.070. Introduction, form, and passage of ordinances, etc. -- Ordinances, resolutions, regulations,
rules, and orders shall be introduced by a member or members of the Board or by the Board as a whole, and said
ordinances, resolutions, regulations, rules, and orders shall be in written or printed form. The enacting clause of all
ordinances passed by the Board shall be: "Be It Ordained by the Board of Trustees of The Metropolitan St. Louis Sewer
District." An affirmative vote by two members of the Board appointed from the City of St. Louis and two members of the
Board appointed from St. Louis County shall be necessary to pass any ordinance, resolution, regulation, rule, or order.
On the final passage of any ordinance, resolution, regulation, rule, or order, the yeas and nays shall be entered by name on
the journal, and at the request of any one member of the Board the yeas and nays on any other question shall be so entered.
All ordinances, resolutions, regulations, rules, orders, and proceedings of the Board shall be public records and shall be
kept in bound form and available for public examination.
SECTION 5.080. Ordinances and amendments to be set forth in full. -- No ordinance shall be revived or
re-enacted by mere reference to the title thereof, but the same shall be set forth at length. No section or sections of any
ordinance shall be amended except that the section or sections amended shall be set forth in full as amended.
SECTION 5.090. Reading of ordinances — Minimum period between introduction and passage. -- The
title of all ordinances shall be read at least once in open session of the Board before passage, and without unanimous
consent of all members of the Board present no final vote shall be taken on the passage thereof until the expiration of at least
fourteen days from the time that such ordinance was first introduced; provided that an ordinance which has been introduced
may be amended after introduction and prior to its passage if such amendments are germane to the original purpose of the
ordinance.
SECTION 5.100. Effective date of ordinances. -- Every ordinance except an appropriation ordinance, an
emergency measure or as provided in Article 7 addressing the Rate Commission, shall take effect at the expiration of fifteen
days after the date said ordinance is enacted, unless a later date therefor be fixed therein. An appropriation ordinance or
an emergency measure shall take effect immediately upon its enactment; provided, however, that no ordinance shall be
designated an emergency measure unless it contains the statement that an emergency exists and specifies distinctly the facts
and reasons constituting the emergency.
SECTION 5.110. Strategic plan. -- A continuing five-year strategic and operating plan for the District shall be
adopted on an annual basis by the Board. The strategic and operating plan shall state the District's objectives for the
succeeding five years and include objective targets by which to measure the District's performance in meeting these
obj ectives.
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ARTICLE 6
EXECUTIVE DIRECTOR
SECTION 6.010. Executive Director -- Appointment -- Qualifications -- Duties. -- There shall be an
Executive Director who shall be appointed by, and subject to removal by, the Board. He shall be a registered professional
engineer and shall possess technical or specialized skill or knowledge in the field of engineering . He shall have had at least
ten years' practical experience as an engineer, at least five years of which shall have been in a responsible administrative
and executive capacity. He shall devote his entire time to the duties of his office. He shall be the chief executive and
administrative officer of the District and all subdistricts and shall be responsible to the Board for the proper administration
of all affairs of the District and all subdistricts, and to that end he shall:
(1) Appoint and, when necessary for the good of the service, remove all officers and employees of the
District and all subdistricts, except as otherwise provided in this Plan, and except as he may authorize the head of
a department or office to appoint subordinates in such department or office, subject to the personnel provisions of
this Plan.
(2) Prepare the budget annually and submit it to the Board and be responsible for its administration after
adoption.
(3) Prepare and submit to the Board, as of the end of the fiscal year, a complete report ofthe fmances
and administrative activities of the District and all subdistricts for the year.
(4) Keep the Board advised of the financial condition of the District and all subdistricts and make
recommendations concerning their future needs.
(5) Attend all meetings of the Board and, in so far as possible, its committees, except when the Board
maybe considering his removal. He shall have the right to take part in discussions, but shall have no power to vote.
(6) Enforce all District ordinances and see that all contracts are faithfully performed.
(7)
To advise, assist, and cooperate in fostering the interest of institutions of learning and civic,
professional, and employee organizations in the improvement of personnel standards and conditions in the District.
(8) Perform such other duties as may be prescribed by this Plan or required of him by the Board, not
inconsistent with this Plan.
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ARTICLE 7
FINANCE AND TAXATION
SECTION 7.010. Director of Finance -- Appointment -- Qualifications -- Duties. -- There shall be a
Director of Finance who shall be appointed by the Executive Director. He shall devote his entire time to the duties of his
office. He shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and
financial control. He shall have charge of the administration of the financial affairs of the District and all subdistricts, subject
to the supervision and direction of the Executive Director, and to that end he shall:
(1) Assist the Executive Director in the preparation of the annual budget and in the control of all
expenditures to insure that budget appropriations are not exceeded.
(2) Maintain the general system of accounts for the District and all subdistricts, and keep such books
and records and submit such financial statements to the Executive Director and the Board as they may requirf
(3) Prescribe the forms of all financial records, receipts vouchers, bills, or claims to be used by all
offices, departments, and agencies of the District and any subdistrict.
(4) Certify, before any contract, order, or other document has been executed by which the District or
any subdistrict incurs financial obligation, that the expenditure is within the purpose of the appropriation to which
it is to be charged and that there is an unencumbered balance in the appropriation sufficient to pay the obligation;
provided, that where a contract extending beyond the current fiscal year is authorized by ordinance, it shall be
sufficient for the Director ofFinance to certify that there is an unencumbered appropriation balance sufficient to pay
all expenditures required under such contract during the current fiscal year.
(5) Audit and approve before payment all bills, invoices, payrolls, and other evidences of claims,
demands, or charges against the District or any subdistrict, and in the event of the absence or disability of the
Executive Director draw warrants upon the treasury.
(6) Inspect, supervise, and audit the accounts or records of financial transactions which may be
maintained in any office, department, or agency of the District or any subdistrict apart from or subsidiary to the
accounts kept in his office.
(7) Contract for, purchase, store, and distribute, pursuant to rules and regulations established by
ordinance, all supplies, materials, and equipment required by any office, department, or agency of the District or
any subdistrict.
(8) Perform such other duties as may be imposed by the Executive Director or by ordinance.
SECTION 7.020. Secretary -Treasurer — Appointment -- Qualification -- Duties. -- There shall be a
Secretary -Treasurer who shall be appointed by and subject to removal by the Board. He shall have at least ten years
experience in the management and investment ofpublic funds, and have knowledge ofbanking operations and municipal
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accounting. He shall:
(1) Keep the journal of the Board's proceedings, and authenticate by his signature and record, in a
book kept for that purpose, all ordinances, resolutions, regulations, rules, and orders.
(2) Have custody of all fiends belonging to or under the control of the District or any subdistrict, and
deposit daily all moneys coming into his hands in such depositaries as are designated by the Board.
(3) Invest, with the approval of the Board, funds not immediately needed for the purpose to which said
fluids are applicable, in the same manner as the state treasurer may invest funds of the State of Missouri pursuant
to Section 15, Article IV of the Constitution of Missouri, as amended from time to time.
(4) Pay money out of the treasury on warrants drawn by the Executive Director, or by the Director
of Finance in the absence or disability of the Executive Director, and not otherwise.
(5) Appoint and, when necessary forthe good ofthe service, remove any employees provided for his
office, subject to the personnel provisions of this Plan.
(6) To advise, assist, and cooperate in fostering the interest of institutions of learning and civic,
professional, and employee organizations in the improvement ofpersonnel standards and conditions in the District.
(7) Perform such other duties as are required by the Board.
The Board shall provide for the performance of the duties of the Secretary -Treasurer in the event of his absence
or disability.
SECTION 7.030. Internal Auditor — Appointment — Qualifications — Duties. -- There shall be an Internal
Auditor who shall be appointed by, and subject to removal by, the Board. The Internal Auditor shall have had at least ten
years experience in accounting. The Internal Auditor need not be an individual, but may be a firm of Certified Public
Accountants, no partner or owner of which shall have any personal or financial interest, direct or indirect, in the fiscal affairs
of the District or any subdistrict or have any material financial relationship with any Trustee or any officer of the District, and
who shall have no affiliation with the Certified Public Accountant engaged for the independent annual audit.
The Internal Auditor shall be the auditing officer of the District. He shall:
(1) From time to time review the accounting system of the District and recommend to the Board such
changes as deemed necessary for greater economy and efficiency in the administration of public funds.
(2) Audit the accounts and records of accountable officers and employees of the District, giving due
regard to generally accepted principles of auditing, including consideration of the effectiveness of the accounting
system, internal audit and control and related administrative practices in all District offices.
(3)
Investigate matters relating to the receipt, disbursement and application of public funds.
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the District's activities in the prior year and describing the District's proposed activities for subsequent periods. Such
written report shall be made available to the ratepayers of the District and shall be presented orally in such time, place and
manner as convenient for the Mayor, the Board of Aldermen, the County Executive and the County Council, respectively.
SECTION 7.080. Annual audit. -- An independent audit shall be made of all accounts of the District and all
subdistricts at least annually by a Certified Public Accountant who shall be engaged by the Board. Such Certified Public
Accountant shall have no personal or financial interest, direct or indirect, in the fiscal affairs of the District or any subdistrict
or of any officer of the District. The Board shall not engage such firm for a period in excess of five consecutive year:
SECTION 7.090. Fiscal year. -- The fiscal year of the District shall be the twelve months beginning on the first
day of July in each calendar year. The fiscal year shall constitute the budget and accounting year.
SECTION 7.100. Competitive bidding. -- Before the District makes any purchase of or contract for supplies,
materials, or equipment, or lets any contract for work or improvements, the Executive Director shall provide ample
opportunity for competitive bidding, under such rules and regulations and with such exceptions arising out of emergencies
and other causes as the Board upon recommendation of the Executive Director may prescribe by ordinance; provided,
however, that the Board shall not except individual contracts, purchases, or sales from the requirement of competitive
bidding for the purpose of evading the requirement of competitive bidding, nor shall it permit the subdivision of purchases
or contracts for the purpose of evading the requirements of competitive bidding. All bids may be rejected. Except for such
right of rejection, the purchase or contract shall be let to the lowest responsible bidder.
SECTION 7.110. Official bonds. -- The Executive Director, Director of Finance, Secretary -Treasurer, and all
other officers and employees receiving, disbursing, or responsible for District funds, and such other officers and employees
as the Board may designate, shall, before entering upon the discharge of their duties, give bond to the District in such sums
and with such sureties as shall be prescribed by ordinance, and subject to approval by the Board, conditioned upon the
faithful and proper performance of their duties and for the prompt accounting for and paying over to the District of all
moneys, property, or other thing of value of the District or any subdistrict that may come into their hands. The District shall
pay the premiums on all such bonds. Unless otherwise provided by ordinance, the bond of the Secretary -Treasurer shall
be filed with the Executive Director, and the bonds of all other officers and employees shall be filed with the Secretary -
Treasurer.
SECTION 7.120. Depositaries and security for funds deposited. -- The Board shall annually select one or
more banks or trust companies, situated in the District, for the deposit of all funds of the District and any subdistricts. For
the security of the funds deposited in such depositaries, the Board shall require each such bank or trust company to deliver
to the Secretary -Treasurer or to a disinterested banking institution or safe depositary, as escrow agent or trustee, securities
of the kind, character and amounts as provided in Section 30.270, Revised Statutes of Missouri, as amended. The Board
may, in its discretion, provide additional requirements or limitations as to the kind and character of securities which will be
accepted as security for such deposits.
SECTION 7.130. Annual budget required --Must be balanced. --Not later than the fifteenth day of March
in each year, the Executive Director shall submit to the Board a budget for the ensuing fiscal year, an explanatory budget
message, and a general appropriation ordinance conforming with such budget. The budget shall provide a complete financial
plan for the budget year for all District and subdistrict funds, and shall include the following:
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(1) Estimated revenues to be actually received from all sources during the budget year, together with
a comparative statement of revenues for the two years next preceding, itemized by year, fund, and source.
(2) Proposed expenditures, including projected expenses included in the Rate Commission's budget
as provided in Section 7.260, recommended by the Executive Director for the budget year, together with a
comparative statement of expenditures for the two years next preceding, itemized by year, fund, activity, and object.
(3) The amount required for the payment of interest, amortization, and redemption charges on the debt
of the District or any subdistrict.
(4) A general budget summary.
In no event shall the total amount of proposed expenditures for the budget year from any fund exceed the estimated
revenues to be actually received plus any unencumbered balance or less any deficit estimated for the beginning of the budget
year.
SECTION 7.140. Adoption of general appropriation ordinance — Any increase over budget must be
balanced by additional revenues. --The Board shall adopt the general appropriation ordinance, with such modifications
as it considers advisable, not later than the thirtieth day of June of each year; provided, however, that the Board shall not
authorize additional expenditures from any fund in excess of the total amount proposed in the budget unless it shall adopt
an ordinance or ordinances providing additional revenues, and unless the Executive Director estimates that the amount of
such additional revenues to be actually received during the budget year will equal or exceed the amount of such additional
expenditures. Prior to the adoption of any ordinance providing such additional revenues, if such additional revenues are
to be generated as a result of a Proposed Rate Change, the Board shall receive a Rate Commission Report setting forth
the Proposed Rate Change and shall comply with the provisions of Section 7.300.
SECTION 7.150. Transfer of appropriations. -- Whenever approved by the Board, the Executive Director
may transfer any unencumbered appropriation balance or portion thereof from one classification of expenditure to another.
SECTION 7.160. Supplementary appropriations must not exceed revenues. -- At any time during the
budget year upon recommendation of the Executive Director, the Board may by ordinance make supplementary
appropriations if (1) the Executive Directorestimates that such appropriations will not result in a deficit at the end of the
budget year, or (2) the Board shall adopt an ordinance or ordinances consistent with the requirements of Section 7.140
providing additional revenues and the Executive Director estimates that the amount to be actually receivedtherefrom during
the budget year will equal or exceed the amount of such supplementary appropriations.
SECTION 7.170. Bond issues — Vote required — Ordinances relating thereto. -- No general obligation
bonds, except bonds for refunding, advance refunding, extending, or unifying the whole or any part of valid bonded
indebtedness, shall be issued without the assent of the voters of the District or a subdistrict, as the case may be, in the
number required by Article VI, Section 26(b) of the Constitution of Missouri (as amended from time to time), voting at an
election to be held for that purpose. No revenue bonds payable from the revenues to be derived from the operation of any
or all sewer and drainage systems and facilities of the District or a subdistrict, as the case may be, except bonds for
refimding, advance refunding, extending, or unifying the whole or any part of revenue bonds, shall be issued without the
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assent of a simple majority of the voters of the District or a subdistrict, as the case may be, voting at an election to be held
for that purpose. Notwithstanding anything herein to the contrary, the District is expressly authorized to issue District -wide
general obligation and revenue bonds. All forms, proceedings, and other matters with respect to any bond election and the
amounts, purposes, issue, and disposition of bonds shall be prescribed by ordinance adopted by the Board.
SECTION 7.180. Serial or call bonds. -- Bonds may be so issued as to be payable serially or subject to call
or both.
SECTION 7.190. Maximum term and amount of bonds — Adequate taxes and charges required. -- Before
any general obligation 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. If the District
has delivered a Rate Change Notice to the Rate Commission pursuant to Section 7.280, the Board shall, prior to the
adoption of the above -mentioned ordinance, receive a Rate Commission Report setting forth the Proposed Rate Change
and shall comply with the provisions of Section 7.300. 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, exceeds 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 issued under the provisions
of this Plan shall constitute an indebtedness of the District or a subdistrict, as the case may be, within the meaning of said
limitation.
Whenever any revenue bonds are outstanding against any or all 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 shall
be sufficient at least to pay the operation and maintenance expenses of such 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. If the District has delivered a Rate Change Notice to the Rate Commission pursuant to
Section 7.280, the Board shall, prior to the adoption of an ordinance increasing such rates, rentals or other charges, receive
a Rate Commission Report setting forth the Proposed Rate Change and shall comply with the provisions of Section 7.300.
Any special benefit assessment bonds issued under this Plan shall mature over a period not exceeding twenty years
from the date contracted.
SECTION 7.200. Issuance of refunding bonds. -- For the purpose of refunding, extending, or unifying the
whole or any part of its valid bonded indebtedness, the District or a subdistrict, as the case may be, may issue refunding
or advance refunding bonds not exceeding in amount the principal of the outstanding indebtedness to be refunded and the
accrued interest to the date of such refunding bonds. The Board shall provide for the payment of interest and the principal
of such refunding or advance refianding bonds, in the same manner as was provided for the payment of interest and principal
of the bonds refunded.
SECTION 7.210. Sale of bonds. -- All bonds issued under this Plan shall be sold upon such terms and
conditions as the Board may determine.
SECTION 7.220. Membership. -- The Rate Commission shall consist of one representative from each of fifteen
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(15) organizations within the District, each of which shall be identified and designated in an ordinance adopted by the Board
as a "Rate Commission Representative Organization". Any organization designated as a Rate Commission Representative
Organization shall consist primarily of and be representative of ratepayers of the District.
SECTION 7.230. Organization. --
(a) The Board shall, by ordinance, identify the initial Rate Commission Representative Organizations and shall
state the term of years during which each such initial Rate Commission Representative Organization shall serve.
Organizations shall be selected by the Board so as to insure a fair representation of all users of the District's services on
the Rate Commission. Specifically, Rate Commission Representative Organizations shall represent commercial -industrial
users, residential users and other organizations interested in the operation of the District, including by way of example but
not by way of limitation, organizations focusing on environmental issues, labor issues, socio-economic issues, community -
neighborhood organizations and other nonprofit organizations. The Board shall promptly notify each Rate Commission
Representative Organization in writing of its selection. The City of St. Louis, St. Louis County, and the District shall not
be eligible Rate Commission Representative Organizations.
(b) Each Rate Commission Representative Organization shall designate one individual to represent it and to
serve on the Rate Commission. Such person shall hereafter be referred to as the "Rate Commission Delegate". Each Rate
Commission Representative Organization shall notify the District ofthe name and address of its Rate Commission Delegate
on or before the date specified in the notice issued to each Rate Commission Representative Organization under subsection
(a) hereinabove. Each Rate Commission Representative Organization may name and appoint substitute Rate Commission
Delegates during its tenure. If a Rate Commission Representative Organization fails to timely designate a Rate Commission
Delegate or if the Rate Commission Delegate fails to substantially participate in the proceedings of the Rate Commission,
such failure shall constitute a resignation of the Rate Commission Representative Organization from the Rate Commission
and the Board may select a substitute Rate Commission Representative Organization to the Rate Commission.
SECTION 7.240. Term of Membership. -- Each Rate Commission Representative Organization selected by
the Board shall have the right to designate a Rate Commission Delegate to the Rate Commission for a term of six (6) years
or completion of any unexpired term, except that the term of each of the initial Rate Commission Representative
Organizations shall expire as designated in the initial ordinance adopted by the Trustees pursuant to Section 7.220 so that
five terminate at the end of two years, five terminate at the end of four years and five terminate at the end of six years
following the formation of the first Rate Commission. Prior to the expiration of a Rate Commission Representative
Organization's term, the Board shall designate organizations within the District to succeed such Rate Commission
Representative Organization. Nothing herein shall bar a Rate Commission Representative Organization frombeing named
to successive terms.
SECTION 7.250. Rules, Regulations and Procedures. -- The Rate Commission shall promulgate such
operational rules, regulations and procedures which are not inconsistent with this Article 7.
SECTION 7.260. Rate Commission Budget. -- As part of the District's budget process pursuant to Section
7.130, the Rate Commission shall submit to the Board an annual budget request of the Rate Commission's projected
reasonable and necessary expenses, including but not limited to, funds for professional and consultant's fees, and supplies.
If additional funds are required, the Commission may request the Board to appropriate additional funds.
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SECTION 7.270. CriteriaGoverning Rate. -- Any change in a Rate recommended to the Board by the Rate
Commission in the manner as described in this Article, shall be accompanied by a statement of the Rate Commission that
the proposed Rate change, and all portions thereof:
(1)
is consistent with constitutional, statutory or common law as amended from time to time;
(2) enhances the District's ability to provide adequate sewer and drainage systems and facilities, or
related services;
(3) is consistent with and not in violation of any covenant or provision relating to any outstanding bonds
or indebtedness of the District;
(4) does not impair the ability of the District to comply with applicable Federal or State laws or
regulations as amended from time to time; and
(5) imposes a fair and reasonable burden on all classes of ratepayers.
SECTION 7.280. Rate Procedures. --
(a) The Rates in effect on the date this Amendment to the Plan becomes effective shall be deemed the "current
rates." Any proposed Rate subsequently approved by the Board shall then become the "current rate" for purposes of this
Section.
(b) Whenever the District proposes or recommends a change in Rate, it shall give written notice ("Rate Change
Notice") to the Board and the Rate Commission and such change in Rate shall hereinafter be referred to as the "Proposed
Rate Change". At the same time, the District shall publish the Rate Change Notice on three (3) separate days in one or
more newspapers of general circulation in the District.
(c) The Rate Change Notice shall include a description of the Proposed Rate Change and the name, address,
and telephone number of a person from whom information can be obtained.
(d) Upon receipt of a Rate Change Notice and after review of same, the Rate Commission shall cause at least
one public hearing to be held on the record regarding the Proposed Rate Change set forth in the Rate Change Notice. The
Rate Commission shall publish notice of any public hearing regarding a Proposed Rate Change on three (3) separate days
in one or more newspapers of general circulation in the District at least five business days prior to the date set for the public
hearing. Management of the District, the Rate Commission Delegates, and any ratepayer who wishes to be heard on the
Proposed Rate Change may testify or participate at any such hearing provided that the procedural requirements established
by the Rate Commission under subsection (e) of this Section are satisfied.
(e) In order to conduct its proceedings with utmost expedition consistent with procedural fairness to the parties,
the Rate Commission shall without limitation adopt rules which provide for:
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(1) the advance submission of written testimony;
(2) the conduct of prehearing conferences to define issues, and for other purposes to insure orderly
and expeditious proceedings;
(3)
discovery both from the District and the parties to the proceedings; and
(4) limitation of testimony.
(f) The Rate Commission shall issue its Rate recommendation report ("Rate Commission Report") to the Board
and to the public no later than one hundred twenty (120) days after receipt of a Rate Change Notice. The Rate
Commission Report shall represent the majority view of the Rate Commission Delegates and shall include a statement
specifically responsive to the criteria for setting Rates specified in Section 7.270. The Rate Commission may issue and
deliver to the Board a minority report provided such report is so designated. Notwithstanding the foregoing, the Board
may, upon application of the Rate Commission, extend the period of time for the issuance of the Rate Commission Report
for one additional forty-five (45) day period.
(g) Notwithstanding any provision in this Plan to the contrary, the authority of the Rate Commission to conduct
its proceedings hereunder and to issue a Rate Commission Report shall arise only after receipt by it of a Rate Change
Notice from the District pursuant to Section 7.280(b).
SECTION 7.290. Publication of Rate Change Documents. --
(a) The District shall take the following action in connection with issuance of a Rate Change Notice:
(1) Not later than (3) business days after the date of a Rate Change Notice, the District shall make
available for public inspection and copying at its executive headquarters all reports, correspondence, memoranda,
and contracts for services related to Rates between and among members of the District staff and between any
member of the District staff and a third party which relate to the change in Rates proposed in the Rate Change
Notice (collectively the "Rate Setting Documents"). Any interested party desiring copies of the Rate Setting
Documents shall bear the copying cost therefor, but the District shall make copying facilities reasonably available
so that any ratepayer can obtain the information without incurring an unreasonable administrative burden.
(2) During the period beginning on the date of the Rate Change Notice and ending on the date the
Trustees introduce an ordinance to change a Rate under Section 5.070 of this Plan, the District shall promptly make
any additional materials which subsequently come into existence and which satisfy the aforesaid definition of Rate
Setting Documents likewise available for public inspection.
(b) In addition to the provisions of subsection (a) of this Section, all of the proceedings and records of the Rate
Commission shall be subject to the provisions of Chapter 610 of the Revised Statutes of Missouri as amended from time
to time.
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SECTION 7.300. Action of the Board of Trustees. --
(a) No ordinance to effect a change in Rate shall be introduced for adoption under Section 5.070 of this Plan
prior to the earlier of forty-five (45) days after receipt of the Rate Commission Report or forty-five (45) days after the date
on which the Rate Commission Report is due, including extensions to the due date thereof
(b) The Board shall accept the Rate Commission Report unless it finds that the Report, or any part thereo
(1) is contrary to constitutional, statutory or common law as. amended from time to time;
(2) substantially impairs the District's ability to provide adequate sewer and drainage systems and
facilities or related services to the point where public health or institutional safety may be jeopardized;
(3) is contrary to or in violation of any covenant or provision relating to any outstanding bonds or
indebtedness of the District;
(4) fails to meet an existing or new standard contained in applicable Federal or State laws or regulations
as amended from time to time; or
(5) imposes an unfair or excessive burden on one or more classes of ratepayers.
(c) If the Board, after consideration at two Board meetings, fails to accept or reject the Rate Commission
Report or any part thereof, the Rate Commission Report shall be deemed accepted by the Board.
(d) If the Board accepts the Rate Commission Report or if the Board is deemed to have accepted a Rate
Commission Report as set forth in this Section, the Board shall enact an ordinance consistent with the Rate Commission
Report.
(e) If the Rate Commission Report, or any part thereof, is rejected by the Board, the Board shall submit a
written report to the Rate Commission explaining the reasons the Rate Commission Report was rejected. Rejection of a
Rate Commission Report shall not prevent the Board from enacting an ordinance establishing Rates.
SECTION 7.310. Taxes levied and collected -- How and when. -- On or before the thirtieth day of June in
each year and, if the District has delivered a Rate Change Notice to the Rate Commission pursuant to Section 7.280, after
receipt by the Board of a Rate Commission Report setting forth any Proposed Rate Change, the Board shall determine the
amount of taxes that will be required during the next succeeding fiscal year to pay interest falling due on bonds issued and
the principal of bonds maturing in such year and the costs of operation and maintenance plus such amount as may be
required to cover emergencies and anticipated tax delinquencies, and shall certify to the Board of Aldermen, Comptroller,
License Collector, and Collector of the City of St. Louis the amount of such taxes which shall be levied, assessed, and
collected on all taxable tangible property in the District or a subdistrict, as the case may be, within the corporate limits of
the City of St. Louis, and shall certify to the County Council and Collector of St. Louis County the amount of such taxes
which shall be levied, assessed, and collected on all taxable tangible property in the District or a subdistrict, as the case may
be, within the corporate limits of St. Louis County. Upon receipt of such certificate, said officers of said city and county,
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respectively, at the time they make the levy for state, county, city, school, and other ad valorem taxes, shall levy such rate
of taxation upon all taxable tangible property in the District or a subdistrict, as the case may be, within their respective
jurisdictions as will produce the respective amounts of taxes certified. All officers of said city and county and of the state,
concerned with the assessment and collection of taxes, fines, and penalties, shall perform such duties in relation to the levy,
assessment, and collection of District and subdistrict taxes as are imposed by the existing law of this state upon such officers
in relation to state, county, city, school, and other ad valorem taxes. All District and subdistrict taxes levied shall be based
upon the assessed valuation of lands and other taxable tangible property in the District or a subdistrict, as the case may be,
as may be determined by the records in the offices of the Assessor, Comptroller, and License Collector of the City of St.
Louis and the Assessor and County Clerk of St. Louis County, and shall be collected and remitted to the Secretary -
Treasurer of the District. All the laws, rights, and remedies provided by the laws of this state for the collection of state,
county, city, school, and other ad valorem taxes shall be applicable to the collection of taxes herein authorized to be
collected.
SECTION 7.320. Determination of taxes to be levied in City and County portions of District. -- The
Board shall in no case make a final determination of the amount of taxes which shall be levied, assessed, and collected on
all taxable tangible property in the District or a subdistrict, as the case may be, within the corporate limits of the City of St.
Louis and St. Louis County, respectively, until after the Board shall have held a public hearing in respect to such
determination. A notice of such hearing shall be published in one or more newspapers of general circulation, published in
the District, at least three weeks before such hearing. Such notice shall state the time, place, and purpose of such hearing.
After such hearing, the Board shall make a finding of fact and by ordinance shall determine the amounts of taxes which shall
be levied, assessed, and collected on all taxable tangible property in the District or a subdistrict, as the case may be, within
the corporate limits of said city and county, respectively, and shall set forth in such ordinance the relevant facts upon which
such determination is based. Such finding of fact and such determination by the Board shall be final and conclusive.
SECTION 7.330. Assessment and Taxation of Real Estate. -- One of the factors to be considered in the
assessment and taxation of real estate for District or subdistrict purposes shall be the use to which it is being put at the time .
of the assessment, whether agricultural, industrial or other use, giving due regard to all provisions of the Constitution of the
State of Missouri.
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ARTICLE 8
PERSONNEL, PROVISIONS
SECTION 8.010. Human Resources Director -- Duties. -- There shall be a Human Resources Director. He
shall:
(1) Hold competitive examinations for all appointments in the classified service, establish eligible lists,
and certify names of eligibles to appointing authorities for filling vacancies in said service.
(2) Report annually to the Civil Service Commission of the District regarding the operation of the
personnel provisions of this Plan.
(3) Prepare and recommend to the Civil Service Commission such rules as he may consider
appropriate to carry out the personnel provisions of this Plan.
(4) To advise, assist, and cooperate in fostering the interest of institutions of learning and civic,
professional, and employee organizations in the improvement of personnel standards and conditions in the District.
(5) Perform such other duties with reference to personnel administration as may be required by
ordinance or the Executive Director.
SECTION 8.020. Civil Service Commission Appointment Term -- Removal — Compensation. -- There
shall be a Civil Service Commission of three members, who shall be appointed by the Board. Members shall have the same
qualifications as required for Trustees in Section 5.020 of this Plan, except that no member shall be a Trustee under this
Plan. Members shall be persons who are known to be in sympathy with the application of merit principles to public
employment. Members shall be appointed for a term of three years. Vacancies shall be filled by the Board for the
unexpired term. No Commissioner shall serve more than two terms plus any portion of an unexpired term. Provided,
however, that each Commissioner shall serve until his successor shall be appointed and qualified. A member may be
removed by the Board for cause, after being given a written statement of the charges against him and after a public hearing
thereon, if requested by him. The compensation of a member shall be the sum of twenty dollars for each day on which he
actually attends a regular or special meeting of the Commission, not exceeding, however, the sum of five hundred dollars
in any one fiscal year.
SECTION 8.030. Civil Service Commission -- Duties. -- The Civil Service Commission shall:
(1) Advise the Board, Executive Director, and Human Resources Director on problems concerning
personnel administration.
(2) Make any investigation which itmay consider desirable concerning personnel administration in the
District service and report to the Board at least once a year its findings, conclusions, and recommendations.
(3) Recommend civil service rules to the Board.
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(4) Hear appeals from disciplinary action.
(5)
To advise, assist, and cooperate in fostering the interest of institutions of learning and civic,
professional, and employee organizations in the improvement of personnel standards and conditions in the District.
SECTION 8.040. Classification of employees. -- The administrative service of the District is hereby divided
into the classified and unclassified services as follows:
(1) The unclassified service shall include the Executive Director, Secretary -Treasurer, Internal Auditor,
Assistant Executive Director, General Counsel, Assistant General Counsel, Director of Operations, Director of
Administration, Director ofFinance, all other Department Directors and Assistant DepartmentDirectors, Secretary
to the Executive Director, and Secretary to the Board of Trustees or positions of like authority, responsibility and
compensation.
(2) The classified service shall comprise all positions not specifically included by this Plan in the
unclassified service.
SECTION 8.050. Civil Service Rules. -- The Civil Service Commission shall hold a public hearing upon
proposed civil service rules recommended by the Human Resources Director or by the Civil Service Commission. After
such hearing, the Commission shall approve or reject the rules wholly or in part, or may modify them and approve them
as so modified. The rules approved by the Commission shall then be submitted to the Board and shall become effective
when adopted by ordinance. Such rules and ordinances shall include such provisions as may be necessary to establish a
merit system for all positions in the classified service, and shall include a prohibition against the appointment, promotion,
reduction, suspension, or removal of any officer or employee in the classified service, or seeking admission thereto, without
just cause or because of his race, creed, or color, or because of his political, religious, or union opinions or affiliations,
except affiliations with any group or organization which seeks or advocates the overthrow of the government of the United
States by force or violence or because of any other reason prohibited by law.
SECTION 8.060. Appeals from dismissals. -- Any employee under the classified service who shall be
discharged, reduced in rank or compensation, or suspended without pay shall be presented with written reasons for such
discharge, reduction, or suspension within five days thereafter. The employee shall have the privilege of a public hearing
before the Civil Service Commission. If the Commission finds that the employee was discharged, reduced, or suspended
without just cause or because of his race, creed, or color, or because of his political, religious, or union opinions or
affiliations, except affiliations with any group or organization which seeks or advocates the overthrow of the government
of the United States by force or violence or because of any other reason prohibited by law, such employee shall be
reinstated in his former position or a position of like status and pay and shall be reimbursed for any loss of pay. Such
employee shall be entitled to legal counsel or representation of his own choosing if he so desires.
SECTION 8.070. Salaries and other compensation. -- The Board shall by ordinance prescribe the salaries
of the Executive Director, the Secretary -Treasurer and the Internal Auditor. Except as otherwise provided in this Plan, the
Board shall also by ordinance prescribe working conditions, salaries, vacations, sick leave, or other compensation or
benefits of all other officers and employees of the District. Such salaries and other compensation and benefits shall conform
to the prevailing wages and conditions in the areas affected by the Plan.
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ARTICLE 9
IMPROVEMENTS
SECTION 9.010. Institution of proceedings for improvements. -- All proceedings to make any
improvements, except emergency work or repairs requiring prompt attention and ordinary maintenance work, shall be begun
by the adoption of a resolution by the Board declaring the necessity of such improvement, and stating the nature thereof,
the estimate of the probable cost thereof, and the method of payment therefor. When payment is to be made by special
tax bills or other evidence of special benefit assessments upon real property, or out of the Improvement Fund, as herein
provided, reimbursed by collection of such assessments, the resolution shall state the proposed method of making such
assessments to pay therefor. Any error or inaccuracy in the estimate of the probable cost of any such improvement as
compared with the actual cost of the work shall not affect the validity of the proceedings or of any special benefit
assessments made or special tax bills issued to pay for such work.
SECTION 9.020. Public hearings on improvements. -- Upon the adoption of such resolution, the Board shall
provide for and give adequate notice of a public hearing or public hearings in respect to all improvements to be paid for by
special benefit assessments and all other improvements the total estimated cost of which shall be seven thousand five
hundred dollars or more. Such public hearing or public hearings shall be held not less than ten nor more than thirty days
after the adoption of such resolution, and all persons interested in such improvement shall be given an opportunity to be
heard. After such hearing or hearings, the Board may determine that it is or is not in the public interest that such
improvement or any part thereof be made.
SECTION 9.030. Plans and specifications for improvements. -- After such hearing or hearings, if the Board
determines to proceed with such improvement or any part thereof, the Executive Director shall cause plans and
specifications for the proposed improvement to be prepared and submitted to the Board for approval. Such plans and
specifications shall not limit the materials to be used to those of any particular producer or manufacturer, but shall be so
arranged as to permit materials and processes to enter into competition.
SECTION 9.040. Contracts for improvements. -- When improvements are to be executed by contract, the
District shall advertise for bids upon such notice and competition as may be prescribed by ordinance. All bids may be
rejected. Except for such right of rejection, the Executive Director shall let the contract to the lowest responsible bidder
and shall cause the contract to be formally executed by the contractor and by the Executive Director. Such contract, before
it becomes binding and effective, shall be confirmed by ordinance adopted by the Board. All contracts for improvements
which involve labor shall contain provisions that the prevailing rates of pay shall be paid to skilled and unskilled labor
employed thereon and that there shall be no discrimination in the selection or employment of labor because of race, creed,
or color; and such provisions shall be stated in the invitations for bids and shall be included in proposals or bids for the
work.
SECTION 9.050. Method of payment for improvements to be specified. -- All ordinances and contracts
for improvements shall specify how the same are to be paid for. In case payment is to be made in whole or in part to the
contractor in special tax bills or other evidence of special assessments, the District or subdistrict, as the case maybe, shall
in no event be liable for or on account of the work to be so paid for.
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SECTION 9.060. Special tax bills. -- Upon the completion of any work, the payment for which is to be made
by special tax bills, the Board shall by ordinance direct the issuance of said tax bills. When said ordinance is approved,
the tax bills authorized thereby shall become a lien upon the property charged therewith upon filing with the Recorder of
Deeds of the City of St. Louis or the Recorder of Deeds of St. Louis County, as the case may be; provided, however, there
shall be no priority between special tax bills issued under the Plan, regardless of the date of such bills. They shall be payable
to the party entitled thereto either at the office of the Secretary -Treasurer or at some bank or trust company in the City of
St. Louis or St. Louis County at the option of the party so entitled. They shall be promptly registered in the offices of the
Director of Finance and Secretary -Treasurer and delivered to the person entitled thereto. They shall be prima facie
evidence of what they contain and of their own validity, and no mere informality or clerical mistake in any of the proceedings
shall be a defense thereto. Such tax bills shall mature at such times and bear such rate of interest as may be prescribed by
the ordinance directing the issuance thereof, and at the request of the property owner may be made payable in annual
installments, not exceeding ten.
SECTION 9.070. Invalid assessments may be reassessed. -- If any such special tax bill or special benefit
assessment shall fail to be valid in whole or in part, or if for any cause, mistake, or inadvertence the amount assessed shall
not be sufficient to pay the cost of such improvements, the Board shall be and is hereby authorized to cause such assessment
to be reassessed and to enforce or authorize the enforcement of its collection.
SECTION 9.080. Property subject to special benefit assessment. -- All real property located within any
benefit subdistrict established by the Board, whether publicly or privately owned, shall be liable for special benefit
assessments made or special tax bills issued against such property. Any such assessment or tax bill shall constitute a
personal obligation of the owner of such property as well as a lien against the property and may be collected by suit or other
proceedings in any court of competent jurisdiction, and such assessment, tax bill, or judgment thereon, against public
property shall be paid out of the general treasury of the public body, agency, corporation, or authority owning such
property.
SECTION 9.090. Improvement Fund. -- There is hereby created a fund to be known as the "Improvement
Fund." Any moneys in said fiend may be used to pay the cost of any improvement or to purchase any special tax bills issued
for any improvement. Said fund may be established and maintained from any or all of the following sources:
(1) Appropriations from the general fiends of the District when available.
(2) The proceeds from bond issues as provided in this Plan.
(3) Collections of special benefit assessments or special tax bills, and any interest thereon, levied or
issued for work or condemnation of land theretofore paid for out of said Improvement Fund.
(4) The proceeds from the sale of special tax bills.
(5)
Any other source permitted by law.
Whenever the Board shall authorize the cost of any improvement or the purchase of any tax bills issued for any
improvement to be paid out of the Improvement Fund, any special benefit assessment and interest thereon that maybe
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levied and collected on account of such improvement or the proceeds from the collection of any such tax bills and interest
thereon shall be credited to and be paid into said fund.
SECTION 9.100. Additional provisions relating to special benefit assessments. -- Upon recommendation
of the Executive Director, the Board may, from time to time, by ordinance, make further provision, not inconsistent herewith,
for special benefit assessments, the issuance of special tax bills, the collection thereof, and all matters incidental ther
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ARTICLE 10
ELECTIONS
SECTION 10.010. Conduct of elections under Plan — Eligible voters. -- Whenever an election is to be held
under the provisions of this Plan, notice thereof shall be given by advertisement published once a week for three consecutive
weeks in one or more newspapers of general circulation in the District, the first publication in each instance to be made at
least twenty-one days prior to the date of the election and the last publication in each instance to be made not more than
seven days prior to the date of the election. Such notice shall state the time, place, and purpose of the election. Such
election shall be held and conducted and the returns thereof made, examined, and cast up in the same manner and in all
respects as provided by law for the election of state and county officers. All registered voters residing in said District,
subdistrict, or other area in which an election is to be held shall be entitled to vote at such election.
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ARTICLE I1
AMENDING THE PLAN
SECTION 11.010. Amending the Plan. -- Amendments to this Plan may be proposed and adopted in any one
of the following ways:
(1) In the manner provided in the Constitution of Missouri for preparing, proposing, submitting, and
adopting a complete plan.
(2) By ordinance adopted by the Board and 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.
(3) By petitions signed by registered voters residing within the District in such number as shall equal
five per cent of the total vote cast in the portions of the District situated within the City of St. Louis and St. Louis
County, respectively, at the last general election for governor. Each petition shall contain the full text of the proposal
and an enacting clause which shall read as follows: "Be it resolved by the people of The Metropolitan St. Louis
Sewer District that the District Plan be amended:". The petitions shall be filed with the Board of Election
Commissioners of the City of St. Louis andtheBoard of Election Commissioners of St. Louis County, respectively,
which shall determine their sufficiency. Said boards shall submit the proposal to the registered voters residing within
the District at the next state or county primary or general election day occurring not less than ninety days after the
petitions are filed; provided, that the Board of the District may by ordinance provide for the submission of said
proposal at a special election to be held not less than ninety days nor more than one hundred twenty days after said
petitions are filed. An affirmative vote of a majority of those voting on any proposal in the portions of the District
situated within the City of St. Louis and St. Louis County, respectively, shall be sufficient for its adoption.
SECTION 11.020. Plan Amendment Commission — Appointment — Qualifications — Duties. -- On or
before January 20, 2010, and every ten years thereafter, each Trustee shall appoint two members to a District Plan
Amendment Commission, which shall be a commission. Trustees appointed by the Mayor of the City of St. Louis shall
appoint members who are registered voters of the City of St. Louis, and Trustees appointed by the County Executive shall
appoint members who are registered voters of St. Louis County. The Chairman of the Board shall designate one of the
members to serve as chairman of the Commission. On the death, resignation or inability of any member to serve, his
appointing Trustee shall appoint a successor. Members of the Commission shall receive no compensation, but the District
shall pay all necessary expenses of the Commission.
Prior to June 1 following appointment, the Commission shall recommend to the Board any amendments to the Plan
which the Commission deems appropriate. Any recommendation must receive the affirmative vote of eight members. On
June 1 following appointment, the Commission shall stand discharged and cease to exist.
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ARTICLE 12
MISCELLANEOUS PROVISIONS
SECTION 12.010. Judicial notice of the Plan. -- This Plan is hereby declared to be a public act, and all courts
shall take judicial notice thereof.
SECTION 12.020. Oath of office. -- Every officer, member of a board or commission, and head of a
department or division shall, before entering upon his duties, take and subscribe, and file with the Secretary -Treasurer an
oath or affirmation that he has all the qualifications and is not subject to any of the disqualifications named in this Plan for
the office or employment he is about to assume; that he will support the Constitution of the United States and of this state
and the Plan and ordinances of the District and that he does not and will not belong to any organization that seeks to
overthrow the government of the United States; that he will be influenced only by the consideration of fitness in the
appointment, promotion, demotion, suspension, or discharge of officers or employees; and that he will demean himself
faithfully in office.
SECTION 12.030. Officers and employees interested in contracts. — No officer or employee of the District
shall use his official position to induce or influence any District contract, sale, purchase, or other transaction in which he has
a financial or beneficial interest, and any contract with the District or any sale to or by the District of any land, materials,
supplies, or services which is induced or influenced by any financial or beneficial interest of any officer or employee of the
District, except on behalf of the District as an officer or employee, shall be voidable. Any wilful violation of this section shall
constitute malfeasance in office and any officer or employee found guilty thereof shall thereby forfeit his office or
employment.
SECTION 12.040. Judicial bonds. -- The District shall not be required to give bond in any judicial proceeding
or appeal.
SECTION 12.050. Power to administer oaths. -- Each Trustee and the Secretary -Treasurer may administer
oaths or affirmations in any matter pertaining to the affairs and government of the District.
SECTION 12.060. Effect of Plan on existing ordinances, orders, rules, and regulations. -- All existing
ordinances, orders, rules, and regulations pertaining to matters which are by this Plan placed under the jurisdiction of the
District herein created, shall remain in full force and effect until superseded by ordinances, orders, rules, or regulations of
the District.
SECTION 12.070. Pending actions and proceedings. --No action or proceeding, civil or criminal, pending
at the time this Plan shall take effect, brought by or against any municipality or sewerdistrict situated within the boundaries
of the District, or any office, department, agency, or officer thereof shall be affected or abated by the adoption of this Plan
or by anything herein contained.
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SECTION 12.080. Effect of Plan on existing sewer districts and sewer departments of municipalities. --
The existing organization of sewer districts and sewer departments of municipalities within the District shall continue until
further provisions applicable thereto shall be provided, as authorized in this Plan.
SECTION 12.090. Existing municipalities, sewer districts, and other public agencies to pay bonds and
other liabilities now outstanding. -- If any existing municipality, sewer district, or other public agency situated within the
District shall on July 1, 1954 have outstanding and unpaid any sewer bonds or liabilities, the creation of the District under
this Plan and the transfer and dedication of the sewer systems and facilities of said municipality, sewer district, or other
public agency, to the uses and purposes of the District, shall not affect or alter in any way the said bonds and liabilities, nor
shall it affect or alter the rights or obligations thereunder.
The liability of any municipality, sewer district, or other public agency under any contract for the payment of
proportionate parts or shares of the cost of sewer construction or reconstruction work completed or started before July
1, 1954, which liability has accrued and the amount thereof been determined before said date, shall remain in full force and
effect and be discharged in the manner provided in such contract. All other liabilities under any such contract shall terminate
from and after July 1, 1954.
If the District shall at any time use any existing sewage treatment or disposal plant to serve any area or areas not
situated within the boundaries of the municipality, sewer district, or other public agency which constructed said plant, and
at such time said municipality, sewer district, or other public agency has outstanding and unpaid any bonds which were
issued wholly or partly for the construction of said plant, the Board shall ascertain what proportion of the proceeds of such
bonds were expended for said plant. Thereafter and until such time as the District shall discontinue the use of said plant,
a corresponding proportion of the remaining principal and interest charges on such bonds shall be borne by a subdistrict.
Such subdistrict shall be established as provided in this Plan and shall include the area situated within said municipality,
sewer district, or other public agency and any other area or areas served by said plant. The Board shall by ordinance
impose the taxes or charges within the subdistrict necessary to pay such principal and interest.
If the District shall at any time discontinue the use of any existing sewage treatment or disposal plant, and at such
time any municipality, sewer district, or other public agency previously owning said plant has outstanding and unpaid any
bonds which were issued wholly or partly for the construction of said plant, the Board shall ascertain and determine what
proportion of the proceeds of such bonds were expended for said plant, and thereafter a corresponding proportion of the
remaining principal and interest charges on such bonds shall be borne by a subdistrict. Such subdistrict shall be established
as provided in this Plan and shall include all the area or areas capable of being efficiently served by the sewer facilities the
construction of which makes it possible to discontinue the use of said plant. The Board shall by ordinance impose the taxes
or charges within the subdistrict necessary to pay such principal and interest.
So long as any bonds or liabilities of any such sewer district shall remain unpaid or shall not have been otherwise
discharged, the said sewer district shall be continued in existence as heretofore organized under the laws of Missouri for
the purpose of paying or discharging such bonds and liabilities and without interruption or diminution of the powers and
authority granted to it by law. Any existing sewer district which has no bonds or liabilities on said date, or any sewer district
which at any time thereafter pays in full or otherwise discharges its bonds and liabilities, may thereafter be dissolved and
the board of trustees of such sewer district shall provide for the disposition of its property and assets.
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SECTION 12.100. Proof of District oirdinances and records. -- All ordinances, resolutions, orders, rules, and
proceedings of the Board may be proved by the certificate of the Secretary -Treasurer under the District's seal, and the same
or copies thereof when so certified or when printed or published by authority of the Board shall be received in evidence
in all cases and places and by all courts without further proof Copies of the books, records, and papers, or parts thereof,
of any department, office, commission, or agency of the District when duly certified by the oflrcer having custody and control
of any such books, records, and papers shall be prima facie evidence of the recitals therein contained and shall be received
in evidence in all places and by all courts without further proof
SECTION 12.110. Appeals from decisions and orders of District officers. -- Any person or persons jointly
or severally aggrieved by any decision or order of the Board or any officer of the District may present to the Circuit Court
in the City of St. Louis or the Circuit Court in St. Louis County, as the case may be, a petition, duly verified, setting forth
that such decision or order is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be
presented to the court within thirty days after the filing of the decision or order in the office of the Board or officer of the
District, as the case may be. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the
Board or officer of the District, as the case may be, to review such decision or order of the Board or officer of the District,
as the case may be, and shall prescribe the time within which a return thereto may be made and served upon the aggrieved
person or his attorney, which shall be not less than ten days and may be extended by the court. The allowance of the writ
shall not stay proceedings upon the decision or order appealed from, but the court may, on application, on notice to the
Board or officer of the District, as the case may be, and on due cause shown, grant a restraining order. The Board or
officer of the District, as the case may be, shall not be required to return the original papers acted upon by it or him, but
it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be called for by such writ.
The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the
decision or order appealed from, and shall be verified. If, upon the hearing, it shall appear to the court that testimony is
necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence
as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part
of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or
partly, or may modify the decision or order brought up for review.
Costs shall be allowed as provided by law. All issues in any proceedings under this section shall have preference
over all other civil actions and proceedings.
SECTION 12.120. Effect of unconstitutional provisions. -- If any section, subsection, sentence, clause, or
phrase of this Plan is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this Plan. The people of the District hereby declare that they would have adopted this Plan, and each section,
subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more of the same shall be declared
unconstitutional.
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AUTHENTICATION OF THE PLAN
On this 9th day of November, 1953, we the undersigned Chairman, Vice -Chairman, Secretary, and the other
members of the Board of Freeholders appointed pursuant to Section 30 of Article VI of the Constitution of the State of
Missouri for the purpose of preparing a plan for a metropolitan sewer district under the provisions of said section, hereby
certify that the above and foregoing is a true and complete copy of the Proposed Plan of The Metropolitan St. Louis Sewer
District prepared and approved by us for submission to the qualified voters of the City of St. Louis and St. Louis County
at special elections to be held separately in said city and county on Tuesday, February 9, 1954.
IN WITNESS WHEREOF we have hereunto subscribed our names.
ATTEST:
J. Eugene Auchly, Chairman
John R. Shepley, Vice -Chairman
Mrs. Jules Kopp, Secretary
Mack A. Aldrich
John C. Casey
Horace B. Deal
Alfred J. Dill
Don A. Fischer
Harold Gamer
Charles N. Gilles
Robert M. Guion
Walter C. Haeussler
Dr. Henry E. Hampton
Theodore A. Kienstra
William R. Lake
Mrs. Chapin S. Newhard
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William A. O'Connell
Rudolph W. Stuckenberg
Lloyd C. Weber
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