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HomeMy Public PortalAboutR0665 R E S O L U T I O N NO. 665 WHEREAS, the Board of Trustees of The Metropolitan St. Louis Sewer District has considered information, recorded in its Journal, with respect to the overflow of land by the East Fork of Black Creek in an area near its confluence with the main channel of Black Creek in the City of Maplewood within the District and finds that such overflow interferes with the quiet enjoyment of private property in said area and is a threat to the public health and safety, as well as a danger to the residents of said area and their guests and invitees, and WHEREAS, the Board of Trustees finds that the proper drainage of such area can be facilitated by the removal of an obstruction to the flow of said East Fork under the railway of the Terminal Railroad Association of St. Louis, along with some excavation and improvement of the existing channel, and WHEREAS, the District is duly empowered to prepare and to revise and adopt plans, designs and estimates of storm water drains and works which, in the judgment of the Board of Trustees, will provide an effective and advantageous means for insuring the area within the District of adequate storm water drainage, and to take such steps as the Board of Trustees may deem necessary and proper to effect such purpose, and WHEREAS, the City of Maplewood is duly empowered to cause the removal of obstructions in watercourses and to improve the channels thereof, and has shown a desire to take such action as may be lawful appropriate and feasible to facilitate the flow 2 of the East Fork of Black Creek in said area, and WHEREAS, the District and said City are authorized by law to contract for the construction, use or maintenance of common or joint drains, and WHEREAS, no drainage facilities may be constructed or re-constructed within the District without the approval of the District, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: 1. That said obstruction and overflow of the East Fork of Black Creek are a public nuisance or a danger to public health and safety; 2. That it is necessary in the public interest to cause the removal of said obstruction and to reduce said overflow by public means; 3. That the reduction of said overflow necessitates the construction or re-construction by the Terminal Railroad Association of St. Louis of a drainage facility under its railway of sufficient volume and depth to accommodate the flow of the East Fork of Black Creek from one side of its right of way to the other, 4. That the Executive Director be and he is hereby authorized and directed to prepare forthwith, for the use without charge of said Railroad Association and said City of Maplewood, plans, profile and specifications, meeting minimum District 3 standards, for the improvement of the channel of said East Fork of Black Creek above and below said railroad right of way for the least distance found by him to be essential under engineering standards to the alleviation of said overflow. Such plans, specifications and profile shall show the points of intersection of such proposed channel with said railroad right of way, also the grade of the bottom of such channel, its breadth and depth, with a general statement of the material to be used in its construction, together with such information as will be necessary to a correct understanding of the general plan for the building of such channel; 5. That the Executive Director be and he is hereby authorized to enter into a contract with said City of Maplewood for said channel improvement. The District's participation by such contract is limited to the use of such equipment, machinery and labor as in his judgment may feasibly be used within existing appropriations and without undue interference with ordinary maintenance work; 6. That, upon receipt from the City of Maplewood of a certified copy of notice served by it under Section 389.680.2 of the Revised Statutes of Missouri 1959, the Executive Director shall order said Railroad Association by registered mail to submit to the District, for review and approval or revision, within the time limit fixed in said city notice, plans and designs of a storm water drainage facility which will be adequate to permit the free 4 flow of said East Fork of Black Creek from one side of said Railroad Association's right of way to the other; and 7. That the General Counsel or his nominee is hereby authorized and directed to join with the City of Maplewood in such legal action as in his opinion may be required and appropriate to the enforcement of the aforesaid orders on said Railroad Association. 5 The foregoing Resolution was adopted August 7, 1963.