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HomeMy Public PortalAbout00219 O R D I N A N C E NO. 219 AN ORDINANCE authorizing and directing the execution of a formal assurance of local cooperation on the part of The Metropolitan St. Louis Sewer District in the Mississippi River flood protection project authorized by Act of Congress of 9 August 1955, Public Law 256, 84th Congress, 1st Session and containing an emergency clause. WHEREAS, in the act of Congress of 9th August, 1955, Public Law 256, 84th Congress, 1st Session, a flood protection project was authorized at St. Louis, Missouri; and WHEREAS, in accordance with authorizing legislation, it is necessary for the City of St. Louis, as local sponsor of the flood protection project, to furnish an assurance satisfactory to the Secretary of the Army that prescribed items of local cooperation will be furnished; and WHEREAS, in connection with such project a number of sewage, drainage and pumping facilities will be constructed by the United States and, under the Plan of The Metropolitan St. Louis Sewer District, the District shall have the control, possession, jurisdiction, operation and maintenance of the public sewers within its boundaries, including those of such project when constructed, and WHEREAS, the Federal Government has requested assurances of cooperation from the District for such purposes, supplementing those submitted by the City of St. Louis, Missouri, as authorized by Ordinance 49016 of the City of St. Louis, Missouri, approved June 27, 1958, and this District believes such project is for the general public good and well being of the area, and is desirous of aiding in the project to the best of its ability, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. That The Metropolitan St. Louis Sewer District shall furnish an assurance of local cooperation on the part of The Metropolitan St. Louis Sewer District in the Mississippi River flood protection project, substantially in the following form: August , 1958 The District Engineer U. S. Army Engineer District, St. Louis 420 Locust Street St. Louis 2, Missouri Dear Sir: In consideration of the authorization contained in the Act of Congress of 9 August 1955, Public Law 256, 84th Congress, 1st Session, for a Flood Protection Project in the City of St. Louis, Missouri, The Metropolitan St. Louis Sewer District, a municipal corporation and a political subdivision of the State of Missouri, by its duly qualified and lawful officials, hereby agrees and pledges that it will: a. Maintain and operate all the sewage, drainage and pumping facilities constructed by the United States as part of the project, after completion, in accordance with regulations prescribed by the Secretary of the Army; b. After initiation of the actual construction of the improvements, design and construct all new drainage and sewage facilities within the limits of the protected flood plains in such manner as to function at all river stages up to design flood, without cost to the United States. It is understood that the flood protection work, including the proposed sewage and drainage facilities, is to be substantially in accordance with the plans contained in Design Memorandum No. 4, General Design approved by the Chief of Engineers, U. S. Army, with such modifications of the plans as in the discretion of the Chief of Engineers may be advisable. Section 3.010 of the Plan of The Metropolitan St. Louis Sewer District provides that the Sewer District shall have the control, possession, jurisdiction, operation and maintenance of the existing sanitary and storm water sewer systems of the City and County. Since the Sewer District in lieu of the City of St. Louis has the duty to construct new sewers, drainage and pumping facilities, these assurances are submitted and are to be considered as supplementing those submitted by the City of St. Louis, Missouri, to apply to the entire Flood Protection Project. It is hereby certified that The Metropolitan St. Louis Sewer District has the legal authority and the financial ability to perform its obligations under this Agreement. IN WITNESS WHEREOF, we, the officials of the said Metropolitan St. Louis Sewer District, have hereunto subscribed our hands and affixed the official seal of the District, this day of , 1958. William Q. Kehr Executive Director Seal of The Metropolitan St. Louis Sewer District Section Two. The Executive Director of The Metropolitan St. Louis Sewer District is hereby authorized and directed to execute in triplicate an assurance substantially in the form set forth in Section One hereof and the Secretary-Treasurer is hereby authorized and directed to impress the corporate seal of The Metropolitan St. Louis Sewer District thereon and to attest the same, such action to be taken by the Executive Director and Secretary-Treasurer immediately upon passage of this ordinance. Section Three. This ordinance being deemed necessary for the immediate preservation of the public health and safety, an emergency is hereby declared to exist within the meaning of the Plan of The Metropolitan St. Louis Sewer District and this ordinance shall become effective immediately upon its passage. The foregoing Ordinance was adopted August 11, 1958.