HomeMy Public PortalAboutR0570 R E S O L U T I O N NO. 570
WHEREAS, a watershed in St. Louis County is drained by
a watercourse known as Warson Woods Creek, parts of which flow in
the City of Warson Woods within the right-of-way of Warson Woods
Roads a public street of the City of Warson Woods and
WHEREAS, the flooding of said watercourse is damaging
adjacent land by erosion and is endangering the public health, and
WHEREAS, erosion within the right-of-way of said public
street threatens the safe use of the improved portion thereof, and
WHEREAS, a Metropolitan St. Louis Sewer District study
is in process of surface water flow in St. Louis County for the
purpose of determining what public drainage facilities are
necessary, and
WHEREAS, the City of Warson Woods has indicated a
desire to protect the said street by constructing adequate
facilities therein to confine the flowage of said creek, provided
that it has certain assurances from the District of ultimate
reimbursement for its costs,
NOW, THEREFORE, BE IT RESOLVED that the Board of
Trustees of The Metropolitan St. Louis Sewer District has found
and declares:
1. That the construction of adequate facilities to
drain the watershed of Warson Woods Creek is necessary, but that
it is not now feasible for the District to appropriate the bed and
banks thereof to public use and to undertake improvement thereof;
and
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2. That the District is authorized by Section
3.020(7) of its Plan to contract with the City of Warson Woods for
the construction use, and maintenance of common or joint drains
and that the immediate need of said City and the ultimate need of
the District both indicate that the public interest will be served
by a contract between them for the immediate construction of
adequate facilities to confine the flowage of said creek through
the area of said street.
BE IT FURTHER RESOLVED, that The Metropolitan St. Louis
Sewer District hereby offers, and upon acceptance by the City of
Warson Woods agrees, that said City may undertake the construction
of said facilities at its sole expense on the following terms, to
wit:
1. Said facilities shall be constructed as permanent
improvements suitable for ultimate integration into adequate
facilities for the drainage of the entire watershed.
2. Construction thereof shall be in accordance with
engineering plans and specifications bearing the prior approval of
the District and shall be subject to inspection by The District at
its own expense at all times during construction.
3. Upon completion of said facilities the City shall
file with the District a certified statement detailing the
complete construction cost of the improvement classified as to
labor, material and other major costs for which the City has made
disbursements upon a finding by the Executive Director that such
cost is reasonable and proper in comparison with comparable
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current improvements of the District, and his written approval
thereof, the remaining terms of this offer shall take effect.
4. When the District shall extend such facilities
upstream or downstream such improvement made by the City shall be
deemed to be a component part of such extension and the costs of
such extension shall include the complete construction cost to the
City, as evidenced by said statement.
5. Upon completion of such extension by the District,
said City shall convey all of its right, title and interest in
such improvement, made by it, to the District. The consideration
for such conveyance shall be reimbursement of the cost of said
improvement, as evidenced by said statement.
BE IT FURTHER RESOLVED, that a certified copy hereof be
delivered to the City Clerk of said City of Warson Woods as a
binding offer of The Metropolitan St. Louis Sewer District. The foregoing Resolution vas adopted August 24, 1962.