(A) The City of Louisville and Jefferson County transferred and assigned by lease or sublease to MSD all use, custody, control and domination of and over all storm water system facilities, including but not limited to all ditches, inlets, headwalls, outlets, basins, floodwalls, pipes, channels, creeks, ponds, easements, rights-of-way, dedications, and other interest in personal and real property used, dedicated, controlled, possessed or maintained by the City of Louisville and Jefferson County for drainage purposes, together with all appurtenances which assist or connect the drainage system or facilities. Such leases or subleases were entered into simultaneous with execution of the Agreement, said leases being recorded in the Office of the Jefferson County Clerk at Book 5643, Page 0823, and Book 5643, Page 0804.
(B) The Metro Government hereby transfers to MSD all obligations arising under the “Assurances” consummated between the Metro Government and the United States Government regarding the Louisville, Kentucky Local Protection Project and the County of Jefferson, Kentucky and the United States Government regarding the Southwestern Jefferson County, Kentucky Local Protection Project and the “assurances” regarding the Mill Creek (Jefferson County, Kentucky) Channel Improvement Project. MSD, pursuant to this transfer, will maintain and operate all the work on each of the aforementioned projects after completion in accordance with regulations prescribed by the Secretary of the Army.
(C) The Corps of Engineers will retain the right of review and approval of any work proposed within the right-of-way of the Local Protection Project as well as any work proposed on the flood control works prior to the initiating of said work. “Work” includes any proposed improvement, excavation, construction or alteration.
(D) MSD shall provide to the Corps of Engineers a copy of a semi-annual report regarding the status of all appurtenances associated with the Local Protection Projects.
(1994 Jeff. Code, § 32.029) (Jeff. Ord. 31-1986, adopted and effective 12-19-1986; Lou. Metro Am. Ord. No. 275-2007, approved 12-6-2007)