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RESOLUTION The matter of the fee imposed to repair lateral sewer service lines for residential condominium property was considered. WHEREAS, Section 249.422 RSMo provides that if approved by a majority of the voters voting on the proposal, a city may impose annually, for the repair of lateral sewer service lines on residential property having six or less dwelling units, a fee not to exceed twenty-eight dollars ($28.00) per year; and WHEREAS, Proposition S, authorizing the City of University City, Missouri ("University City") to levy and impose such a fee, was approved and passed by a majority of the qualified voters of University City at an election held on April 6, 1999, in all of the voting precincts in University City; and WHEREAS, on August 16, 1999, the University City City Council passed Ordinance No. 6212, which levied and imposed an annual fee of twenty-eight dollars ($28.00) upon all real property subject to taxation in University City, for the repair of lateral sewer lines on residential property having six or less dwelling units; and WHEREAS, St. Louis County, by and through its Assessor and Collector, has assessed and collected the annual fee from owners of condominium property, as well as other owners of residential real property; and WHEREAS, certain owners of condominium property located in University City, unincorporated St. Louis County or villages or cities within St. Louis County, have filed two class action lawsuits against University City and such other political subdivisions, alleging that the defendants are violating Section 249.422 RSMo and the Hancock Amendment, Mo. Const. Art. 10, Section 22, by assessing and collecting twenty-eight dollars ($28.00) from each condominium unit, regardless of the number of units in the building, and by assessing and collecting a lateral sewer service line repair fee from owners of condominium units in buildings having more than six units; and WHEREAS, said lawsuits are pending in St. Louis County Circuit Court, styled. Richard J. Keefe, et al. v. St. Louis County Executive, et al., Cause Number 02CC-5127, and Robert S. Rothschild, Jr., et al. v. St. Louis County Executive, et al., Cause Number 02CC-5128; and WHEREAS, University City has reviewed the issues raised by the lawsuits, and its Sewer Lateral Repair Program, which covers residential buildings having up to six units.