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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______.
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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______.
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NOTARY PUBLIC
My Commission expires___________________________________.