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HomeMy Public PortalAbout00494 O R D I N A N C E NO. 494 AN ORDINANCE authorizing and directing the Executive Director to grant to the City of St. Louis the right to build a street, road or highway over a portion of Des Peres Avenue containing sewers belonging to this District, and to execute an instrument giving effect thereto upon the conditions hereinafter set out. WHEREAS, pursuant to the Plan of The Metropolitan St. Louis Sewer District and by Resolution No. 6 of the District, adopted July 1, 1954 and recorded in Book 7407 Page 596 of the City of St. Louis Records, the District took title for its use and possession to the sewers in Des Peres Avenue in the City of St. Louis, and subsequently the right to construct, reconstruct, operate and maintain said sewers in said Des Peres Avenue; and WHEREAS, the City of St. Louis, Missouri wishes to cross said Des Peres Avenue, the sewers and rights therein with a street, road, or highway; and WHEREAS, the City of St. Louis has requested the District grant the right to use the District's rights in said avenue, and the District is willing so to do, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The Metropolitan St. Louis Sewer District does hereby grant to the City of St. Louis, Missouri, the right to construct, reconstruct, repair and maintain a street, road or highway across any and all sewers and rights owned by the District in that portion of Des Peres Avenue bounded by the north and south boundaries of the Rock Island Highway as described in Ordinance No. 49705 of the City of St. Louis, approved December 10, 1959, subject, however, to the following terms and reservations: The Metropolitan St. Louis Sewer District reserves the right to the full access to and use of such area for sewer and drainage purposes, including the right to construct new sewers and appurtenances therein and to use, maintain and reconstruct the new and existing sewers and appurtenances therein. The City of St. Louis will, if considered reasonably necessary by District's engineers, protect the existing sewers and appurtenances at its cost, or, if necessary to reconstruct, relocate or repair because of such street, road or highway use, such work will be done at St. Louis' cost. Section Two. The Executive Director is hereby authorized and directed to execute in behalf of the District an instrument giving effect to Section One hereof. The foregoing Ordinance was adopted January 5, 1961.