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.