2008-10-02 - Laserfiche WebLink

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To: Honorable Mayor Adams and Council From: Julie Feier, City Manager Date: October 2, 2008 Subject: Weekly Update flash flood As follow up to your questions at the Council session Monday night, Metropolitan St. Louis Sewer District (MSD) has complete title, jurisdiction, control, possession, and supervision of River Des Peres. In Schweizer v. City of Maplewood, 784 S.W.2d 842, 843 (Mo. App. E.D. 1990), the Missouri Court of Appeals stated: “MSD was established pursuant to Article VI, Section 30(a)(4) of the Missouri Constitution. Article 3, Section 3.010 of the MSD Plan provides in pertinent part as follows: “The existing sanitary and storm water sewer systems and facilities of any and all municipalities, sewer districts, and other public agencies situated within the boundaries of the District, together with all contracts, rights, privileges, interests, easements, books, maps, plans, papers, and records ... shall be transferred and dedicated to the use of and be in the possession and under the jurisdiction, control, and supervision of the District under this Plan created, and the District is empowered to take title thereto for its use and possession. The District hereunder created shall thereafter have complete title, jurisdiction, control, possession, and supervision of such existing sanitary and storm water sewer systems and of all facilities of such municipalities, sewer districts, and other public agencies for the collection and the disposal of sanitary sewage and storm water ... the District shall undertake the maintenance and operation of said systems and facilities, and on and after such date the District shall exclusively operate, maintain, and control said systems and facilities.”” We have requested MSD provide their maintenance schedule for the past two years as well as an ownership map should they disagree with the above reference or have an alternate interpretation. We will continue to pursue assistance from all organizations including MSD to assist us with long-term solutions to the flooding. We are also working together to purse alternatives to getting SEMA/FEMA attention including the possibility of organization of a regional press conference with impacted victims if we have not received notice by midweek. Thus far, the City has expended over $330,000. The costs for debris removal will continue as long as the volunteers continue to clean out homes. Other flood related issues continue to arise; we just learned this week that the unleaded fuel tank was damaged. Cost estimates on repairing the tank have not yet been