HomeMy Public PortalAboutResolution Approving Rate Recommendation Report 2023RESOLUTION OF THE RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT
APPROVING A RATE RECOMMENDATION REPORT ON
THE WASTEWATER AND STORMWATER RATE
CHANGE PROPOSAL AND RELATED MATTERS
WHEREAS, the Rate Commission of the Metropolitan St. Louis Sewer District (the
"District") is directed by § 7.040 of the Charter Plan, as approved and amended by the voters of
the City and County of St. Louis, to review and make recommendations to the Board of Trustees
of the District regarding proposed changes in wastewater rates, stormwater rates and tax rates or
changes in the structure of any of the rates; and
WHEREAS, the District, on March 24, 2023, referred a rate change proposal to increase
the District's wastewater and stormwater rates for review by the Rate Commission; and
WHEREAS, any change in a rate recommended to the Board of Trustees by the Rate
Commission is to be accompanied by a statement complying with the provisions of §§ 7.040 and
7.270 of the Charter Plan; and
WHEREAS, in order to conduct its proceedings with utmost expedition consistent with
procedural fairness to the parties, the Rate Commission, pursuant to the Charter Plan, (i) adopted
Restated Operational Rules on March 4, 2019; (ii) amended its Restated Operational Rules on
February 21, 2023; and (ii) adopted a Procedural Schedule governing the proposed rate change on
March 24, 2023; and
WHEREAS, the Rate Commission received written testimony, exhibits, conducted
technical conferences and public hearings, received legal and other memoranda, and has conducted
these proceedings in a manner consistent with the requirements of the Charter Plan, the Restated
Operational Rules (as amended) and Procedural Schedule (the "Proceedings"); and
WHEREAS, the Rate Commission discussed and considered each of the facts and
circumstances disclosed during the Proceedings; and
WHEREAS, the Rate Commission has considered a statement specifically responsive to
the criteria and factors set forth in §§ 7.040 and 7.270 of the Charter Plan (the "Rate
Recommendation Report") to the Board of Trustees.
NOW, THEREFORE, the Delegates of the Rate Commission do hereby resolve, determine
and order as follows:
Section 1. Findings. The Delegates of the Rate Commission hereby find and detel wine
those matters set forth in the preambles hereof as fully and completely as if set out in full in this
Section 1.
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Section 2. Charter Plan Requirements. The Delegates of the Rate Commission fi nd and
determine that the Rate Recommendation Report in the fowl attached hereto as Exhibit "A"
considered at this meeting satisfies the requirements of the Charter Plan.
Section 3. Rate Recommendation Report. The Delegates of the Rate Commission
hereby approve the Rate Recommendation Report, inclusive of minority reports, attached hereto
as Exhibit "A", in substantially the form presented to and amended at this meeting, and the officers
of the Rate Commission are hereby authorized and directed to execute and deliver and attest,
respectively, the Rate Recommendation Report, and are hereby further authorized and directed to
make any such changes, modifications, insertions and omissions as may be consistent with the
intent of this Resolution and as may be deemed necessary or desirable to effect the Rate
Recommendation Report, with the necessity or desirability of such changes, modifications,
insertions and omissions being conclusively evidenced by their execution thereof.
Section 4. Minority Reports.
(a) The Rate Commission hereby receives the Minority Report of Commissioners Goss,
Palans, Stein, and Toenjes Regarding the District's Debt Service Coverage Requirement relating
to the Wastewater Rate Change.
(b) The Rate Commission hereby receives the Minority Report of Commissioners Jearls,
Palans, and Stein Regarding the Appropriate Allocation of Infiltration/Inflow Costs relating to the
Wastewater Rate Change.
(c) The Rate Commission hereby receives the Minority Report of Commissioners Palans and
Stein Regarding the Phasing-In of Extra Strength Surcharge Increases relating to the Wastewater
Rate Changes.
(d) The Rate Commission hereby receives the Minority Reports of Commissioners Palans and
Stein regarding: (i) the Stormwater Rate Change Proposal being Consistent with Constitutional,
Statutory or Common Law; (ii) the Stoiiâ–ºiwater Rate Change Proposal Impairing the Ability of the
District to Comply with Applicable Federal or State Laws or Regulations; and (iii) the Stormwater
Rate Change Proposal Failing to consider the Financial Impact on All Classes of Ratepayers in
Determining a Fair and Reasonable Burden.
Section 5. Actions of Officers Authorized. The officers of the Rate Commission shall
be, and they hereby are, authorized and directed to deliver to the Board of Trustees of the
Metropolitan St. Louis Sewer District the Rate Recommendation Report and the Minority Reports
and to take such actions as they may deem necessary or advisable in order to carry out and perform
the purposes of this Resolution and to make ministerial alterations, changes or additions in the
foregoing documents herein approved, authorized and confirmed which they may approve and the
execution or taking of such action shall be conclusive evidence of such necessity or advisability.
Section 6. Severability. It is hereby declared to be the intention of the Rate
Commission that each and every part, section and subsection of this Resolution shall be separate
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of any other part, section and subsection. In the event that any part, section or subsection of this
Resolution shall be determined to be or to have been unlawful or unconstitutional, the remaining
parts, sections and subsections shall be and remain in full force and effect, unless the court making
such finding shall determine that the valid portions standing alone are incomplete and are
incapable of being executed in accordance with the intent of this Resolution.
Section 7. Governing Law. This Resolution shall be governed exclusively by and
construed in accordance with the applicable laws of the State of Missouri.
Section 8. No Personal Liability. No Delegate of the Rate Commission, officer,
professional, consultant or agent of the Rate Commission shall have any personal liability for acts
taken in accordance with this Resolution.
Section 9. Expenses. The Finance Committee is hereby authorized and directed to
cause to be paid all costs, expenses and fees incurred in connection with or incidental to this
Resolution.
Section 10. Effective Date. This Resolution shall become effective immediately upon
its passage.
ADOPTED by the Delegates of the Rate Commission of the Metropolitan St. Louis Sewer
District this 25th day of August, 2023.
ATTEST:
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Its Secretary
RATE COMMISSION OF THE
METROPOLITAN ST. LOUIS
SEWER DIS
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Its Chairman