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HomeMy Public PortalAbout03126 O R D I N A N C E NO. 3126 AN ORDINANCE, authorizing and directing the Executive Director and Secretary-Treasurer to execute a Maintenance Agreement with the State Highway Commission of Missouri for the adjustment of certain District facilities pursuant to highway improvements. WHEREAS, the State Highway Commission of Missouri proposes to construct and improve a section of Lindbergh Boulevard from Clayton Road to Swan Avenue, and WHEREAS, in order to improve said highway, it will be necessary to adjust certain facilities now located partly on a private easement of the District and partly on Lindbergh Boulevard in order to maintain the present services of the District, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. The Executive Director and Secretary- Treasurer are hereby authorized and directed to execute a Maintenance Agreement with the State Highway Commission of Missouri for the adjustment of certain District facilities pursuant to highway improvements, in the form as attached hereto: The foregoing Ordinance was adopted August 25, 1976. Route 61, (Lindbergh Boulevard) St. Louis County Job No. 6-U-61-1 Clayton Road to Swan Avenue MAINTENANCE AGREEMENT This agreement made and entered into by and between the METROPOLITAN ST. LOUIS SEWER DISTRICT, hereinafter called "District" and the STATE OF MISSOURI, acting by and through the STATE HIGHWAY COMMISSION OF MISSOURI, hereinafter called "Commission", WITNESSETH THAT: WHEREAS, Commission proposes to construct and improve a section of State Highway Route 61 (Lindbergh Boulevard), St. Louis County, designated as Job No. 6-U-61-1 generally from Clayton Road to Swan Avenue and WHEREAS, District now has in place and maintains sanitary sewers and manholes which are presently located within the existing roadway pavement and some of which will be located within the widened roadway, curb and gutter, and paved shoulders. WHEREAS, under the provisions of Section 227.240, Revised Statutes of Missouri, Commission has authority, responsibility, control, and supervision over the location and removal of public utility facilities within the right-of-way of any State highway, insofar as the public travel and traffic is concerned, and insofar as such utility facilities may interfere with the construction or maintenance of any such highway. WHEREAS, the parties hereto deem it to be in their best interests, and in the public interest, to outline their various duties, rights and responsibilities respecting the premises. THEREFORE, in consideration of the mutual promises and covenants herein contained to be faithfully kept and observed by the parties hereto, and each of them, their legal representatives, successors, and assigns, it is agreed as follows: 1. This Maintenance Agreement is intended to cover only the sanitary and storm sewer structures located within the State highway right-of-way of this designated project. 2. District releases to Commission such right, title, and interest which District may have in and to the area encompassed in the highway right-of-way as located and as specifically described in a separate easement conveyed by District to Commission. 3. Commission will permit District to continue to use the manholes and sanitary sewers in place under the new pavement as indicated on Exhibit "A" attached hereto and made a part hereof and District shall retain ownership and maintain same in accordance with Commission policy. 4. District agrees to install and maintain "lock-on" type covers on all manholes which will remain in the existing and proposed pavement of said Route 61 (Lindbergh Boulevard). 5. District agrees to adjust the existing manholes, located within the pre-existing State highway right-of-way to the new grade of the resurfaced roadway and paved shoulders. 6. District agrees that access to said manholes will be at off-peak traffic hours by a permit from Commission's District Engineer except in event of an emergency condition which requires access to said manholes at other times, in which event District agrees to contact Commission's District Engineer or other designated employee, advising the latter of the necessity for the work. 7. District agrees that service vehicles and barricades within the traveled way adjacent to said manholes will be so located as not to close the route involved to traffic. 8. Routine maintenance will not require a permit, however, in the event that in the future it should become necessary to install additional sanitary service lines, manholes, carry out such installation work without cutting the roadway pavement or improved shoulder and to comply with Commission's "Policy on Location of Utility Facilities on State Highway" and to obtain a permit for all such work from Commission's District Engineer prior to performance of the work. 9. Commission will maintain all storm sewer facilities within the highway right-of-way. 10. It is further understood and agreed by and between the parties hereto that any future relocation of District's facilities adjusted or relocated on State highway right-of-way and which prior to such adjustments were located on public right-of- way, shall be in accordance with Commission's order and at the cost and expense of the District. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officials. Executed by District this _____ day of _______________, 19______. Executed by Commission this _____ day of _______________, 19______. METROPOLITAN ST. LOUIS THE STATE OF MISSOURI ACTING SEWER DISTRICT BY AND THROUGH THE STATE HIGH- WAY COMMISSION OF MISSOURI By_______________________ By_____________________________ (Title) ATTEST: ATTEST: _________________________ ________________________________ Secretary Secretary to Missouri State Highway Commission APPROVED AS TO FORM: By______________________________ ACKNOWLEDGEMENT STATE OF MISSOURI ) ) SS CITY OF ST. LOUIS ) On this ______ day of ________________________, 19____, before me personally appeared Peter F. Mattei and Charles Clardy, to me known, who being by me duly sworn, did say that they are the Executive Director and Secretary-Treasurer respectively, of the METROPOLITAN ST. LOUIS SEWER DISTRICT and that the seal affixed to the foregoing instrument is the corporate seal of THE METROPOLITAN ST. LOUIS SEWER DISTRICT and that said instrument was signed and sealed in behalf of said THE METROPOLITAN ST. LOUIS SEWER DISTRICT by authority of its Board of Trustees and said Peter F. Mattei and Charles Clardy acknowledged said instrument to be the free act and deed of said THE METROPOLITAN ST. LOUIS SEWER DISTRICT: IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal this ______ day of ____________________, 19______. ------------------------------- NOTARY PUBLIC My Commission expires___________________________________. STATE OF MISSOURI ) ) SS COUNTY OF COLE ) On this ______ day of ________________________, 19____, before me personally appeared __________________________________, to me known, who being by me duly sworn, did say that he is the ____________________________________of the State Highway Commission of Missouri and the seal affixed to the foregoing instrument is the corporate seal of said Commission and that said instrument was signed and sealed in behalf of said Commission by authority of the State Highway Commission and said ________________________________ acknowledged said instrument to be the free act and deed of said Commission. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal this ______ day of ____________________, 19______. ------------------------------- NOTARY PUBLIC My Commission expires___________________________________.