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 refunding bonds, in the same manner as was provided for the payment of interest and principal of the bonds refunded.

All bonds issued under this Plan shall be sold upon such terms and conditions as the Board may determine.

The Rate Commission shall consist of one representative from each of fifteen (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.

1. 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.
    

2. 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 of the 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.

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 from being named to successive terms.

The Rate Commission shall promulgate such operational rules, regulations and procedures which are not inconsistent with this Article 7.

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.

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.

1. 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.
    

2. 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.
    

3. 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.
    

4. 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.
    

5. 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:
    

   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.
       

6. 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.
    

7. 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).

1. 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.
       

2. 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.

1. 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.
    

2. The Board shall accept the Rate Commission Report unless it finds that the Report, or any part thereof:
    

   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.
       

3. 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.
    

4. 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.
    

5. 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.]

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, 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.

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.

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.