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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 2 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 3 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.