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Home My Public Portal About16260 2024 Stormwater Election Ordinance ORDINANC E NO. 16260 AN ORDINANCE, calling for an election to be held on April 2, 2024 in The Metropolitan St. Louis Sewer District on the proposition of whether to impose (i) a property tax upon all residential taxable tangible property within the District and (ii) a charge upon all non- residential customers, whether public or private, within the District based on the amount of impervious area on each such customer’s real property, for the purpose of providing revenue to fund capital improvements for flooding and erosion control. WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, Municipal Corporation, and political subdivision of the State of Missouri (herein called the “District”), was established as a metropolitan sewer district under the provisions of Section 30 of Article VI of the Constitution of the State of Missouri, pursuant to a Plan adopted by the voters of St. Louis City and St. Louis County at a special election held on Tuesday, February 9, 1954 and amended on Tuesday, November 7, 2000, Tuesday, June 5, 2012 and Tuesday April 6, 2021 (the “Plan” or the “Charter”); and WHEREAS, the Plan established the District in the interest of the public health and for the purpose of providing adequate sewer and drainage facilities within the boundaries of the District; and WHEREAS, the Plan provides the District may “levy, assess, and collect taxes on all taxable property within the District”; and WHEREAS, the Plan provides the District may “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 WHEREAS, Article X, § 22(a) of the Missouri Constitution (the Hancock Amendment) prohibits a political subdivision of Missouri from “levying any [new] tax, license, or fees … without the approval of the required majority of the qualified voters of that … political subdivision voting thereon.” WHEREAS, the Plan empowers the District with jurisdiction, control, possession, and supervision of sewer and drainage systems and facilities as may be placed under the District’s jurisdiction in the manner provided in the Plan; to maintain, operate, reconstruct, and improve the same as a comprehensive sewer and drainage system; 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, and jurisdiction necessary or proper for carrying such powers into execution; and WHEREAS, a special election was held on May 10, 1977, pursuant to which additional areas were annexed to the District; and WHEREAS, by Ordinance No. 7691 adopted by the Board of Trustees of the District on February 22, 1989, the District established a policy effective April 1, 1989, to regulate the construction, alteration, and reconstruction of all stormwater and drainage facilities within the District and undertake the operation and maintenance of those portions of the stormwater system accepted for dedication by the District within the boundaries of the entire District to the extent available funds exist for such purposes; and WHEREAS, the District currently levies and collects a stormwater operations and maintenance property tax of approximately Ten Cents ($0.10) per One Hundred Dollars ($100.00) assessed valuation on all property within the District as identified in the most recent tax Ordinance No. 16227 adopted September 27, 2023 (the “2023 Tax Ordinance”); and WHEREAS, the District currently levies and collects an administrative property tax used for stormwater regulatory purposes of approximately Two Cents ($0.02) per One Hundred Dollars ($100.00) assessed valuation on all property within the District, as identified in the 2023 Tax Ordinance; and WHEREAS, the tax rates within each Operation, Maintenance, Construction, and Improvement subdistrict, have been set at the rates identified in the 2023 Tax Ordinance; and WHEREAS, there are continuing and growing threats to the public health, safety, and welfare of the District and its residents created by stormwater flooding and erosion; and WHEREAS, because there currently is no dedicated funding source for the stormwater capital improvements needed within the District, the District proposed the addition of (i) a property tax upon all residential taxable tangible property within the District and (ii) a charge upon all non-residential customers, whether public or private, within the District based on the amount of impervious area on each such customer’s real property, for the purpose of funding such capital improvements for flooding and erosion control; and WHEREAS, the Rate Commission of The Metropolitan St. Louis Sewer District, being duly established by the Board of Trustees of the District pursuant to Section 7.040 of the Charter, issued its Rate Recommendation Report dated September 5, 2023 (the “Rate Commission Report”) recommending that the District submit for approval by the voters of the District a proposition authorizing (i) a property tax upon all residential taxable tangible property within the District and (ii) a charge upon all non-residential customers, whether public or private, within the District based on the amount of impervious area on each such customer’s real property, for the purpose of providing revenue to fund capital improvements for flooding and erosion control; and WHEREAS, the Board of Trustees of the District, after due deliberation and consideration of the Rate Commission Report, has determined that it is necessary and in the best interest of the District that an election be held in the District on April 2, 2024 on the proposition set forth below; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT, AS FOLLOWS: Section One. The Board of Trustees of the District finds it necessary and hereby declares its intent to impose (i) a property tax upon all residential taxable tangible property within the District and (ii) a charge upon all non-residential customers, whether public or private, within the District based on the amount of impervious area on each such customer’s real property, for the purpose of providing revenue to fund capital improvements for flooding and erosion control, . Section Two. An election is hereby ordered to be held in the District on Tuesday, April 2, 2024 for the purpose of submitting the following proposition to the qualified voters of the District: PROPOSITION S Shall the Metropolitan St. Louis Sewer District (MSD), for the purpose of providing revenue to fund capital improvements for flooding and erosion control, impose (i) a property tax upon all residential taxable tangible property within the District at a rate of not more than Seven and 45/100 Cents ($0.0745) per One Hundred Dollars ($100.00) of assessed valuation and (ii) a charge upon all non-residential customers, whether public or private, within the District based on the amount of impervious area (IA) on each such customer’s real property at a rate of $1.05 per month per 1,000 square feet of IA? Section Three. The form of the Notice of Election for said election, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. Section Four. The Secretary-Treasurer of the District is hereby authorized and directed to notify the Board of Election Commissioners of the City of St. Louis, Missouri and the Board of Election Commissioners of St. Louis County, Missouri of the adoption of this Ordinance no later than 5:00 p.m. on January 23, 2024, and to include in said notification all of the terms and provisions required by the Comprehensive Election Act, Chapter 115 of the Revised Statutes of Missouri, as amended, and by Section 10.010 of the Charter. Section Five. This Ordinance shall be governed by and construed and enforced in accordance with the laws of the State of Missouri and the Charter. The foregoing ordinance was adopted on December [ ], 2023. 1 EXHIBIT A NOTICE OF ELECTION THE METROPOLITAN ST. LOUIS SEWER DISTRICT Notice is hereby given to the qualified voters of The Metropolitan St. Louis Sewer District, that the Board of Trustees of the District has called an election to be held in the District on Tuesday, April 2, 2024, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT ELECTION THE METROPOLITAN ST. LOUIS SEWER DISTRICT APRIL 2, 2024 PROPOSITION S Shall the Metropolitan St. Louis Sewer District (MSD), for the purpose of providing revenue to fund capital improvements for flooding and erosion control, impose (i) a property tax upon all residential taxable tangible property within the District at a rate of not more than Seven and 45/100 Cents ($0.0745) per One Hundred Dollars ($100.00) of assessed valuation and (ii) a charge upon all non-residential customers, whether public or private, within the District based on the amount of impervious area (IA) on each such customer’s real property at a rate of $1.05 per month per 1,000 square feet of IA? YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the proposition, place an X in the box opposite “YES.” If you are opposed to the proposition, place an X in the box opposite “NO.” The election will be held at the following polling places in The Metropolitan St. Louis Sewer District: PRECINCT POLLING PLACE 2 DATED THIS DAY OF , 2024. BOARD OF ELECTION COMMISSIONERS OF THE CITY OF ST. LOUIS, MISSOURI By: BOARD OF ELECTION COMMISSIONERS OF ST. LOUIS COUNTY, MISSOURI By: The Foregoing Ordinance was adopted December 14, 2023.