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HomeMy Public PortalAbout01749 O R D I N A N C E NO. 1749 AN ORDINANCE authorizing and directing the Executive Director to grant to Union Electric Company the right to install, maintain and use towers and appurtenances, and overhead electrical wires, overhanging crossarms and appurtenances along, over, through and across certain properties of the District known as the River des Peres Drainage Channel, in the City of St. Louis, Missouri, and to execute an instrument giving effect thereto upon the conditions hereinafter set out. WHEREAS, Union Electric Company has asked the District for the right to install, maintain and use overhead electrical wires and overhanging crossarms and appurtenances along, over, through and across certain hereinafter described real property of the District known as the River des Peres Drainage Channel, and to install, maintain and use towers and appurtenances, and the District is desirous of granting such right for the good of the general public, 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 Union Electric Company the right to install, maintain and use overhead electrical wires and overhanging crossarms and appurtenances, along, over, through and across certain real properties of the District as hereinafter described in the City of St. Louis, Missouri, together with the right to install, maintain and use towers and appurtenances in such properties, all subject to the reasonable approval of the District's Engineering Department, such properties being described as follows: Tract #1 - That portion of the River des Peres Drainage Channel lying between Macklind Avenue and now or former Lilly Avenue. Tract #2 - That portion of the River des Peres Drainage Channel lying between Pernod Avenue and Winona Avenue. Section Two. The rights herein granted are limited to such rights as the District may have in the premises concerned and the Union Electric Company shall secure such permission as may be necessary on account of any other existing rights. Section Three. Grantor's right to the use of such properties for sewer and drainage purposes is hereby reserved. Section Four. Grantee shall at its own sole cost and expense relocate, change or adjust such portion of its facilities as are reasonably necessary in order to avoid interference with construction and operation of Grantor's facilities in aforesaid properties, and Grantee shall, at its own sole cost and expense, remove or relocate such towers at such time as the Grantor shall require for channel improvements. Section Five. Grantee shall agree to indemnify the Grantor against any claim or damage arising out of the use of the rights hereby granted. Section Six. The Executive Director is hereby authorized and directed to execute in behalf of the District an instrument giving effect to Sections One, Two, Three, Four and Five hereof. The foregoing Ordinance was adopted June 13, 1968. -2-