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Square S-5542, S.E. Soil Stabilization Emergency Act of 1998
Bill 12-852

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Chairman Cropp at the request of the Mayor


Chairman Cropp introduced the following emergency bill.

To provide that the Mayor of the District of Columbia may take certain actions to repair the Square S-5542, S.E. retaining wall.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Square S-5542, S.E. Soil Stabilization Emergency Act of 1998".

Sec. 2. The Mayor is authorized to design and reconstruct or otherwise repair portions of the retaining wall commonly known as the "O Street wall", located in Square S-5542, S.E., and take remedial actions and make other improvements, in order to address the threat of soil erosion and sedimentation in Square S-5542, S.E. The remedial actions and improvements which the Mayor may undertake include, but are not limited to, some or all of the following: replacing the tie backs; designing and installing a drainage system; the repair, on or adjacent to private properties, of the retaining structures, water drainage and diversion systems; shoring up portions of the wall or otherwise enhancing lateral support; slope terracing, slope benching, landfill treatments, and landscaping treatments. In addition, the Mayor may take reasonably necessary protective measures to preserve public health and safety, including the temporary relocation of any persons legally occupying property (including both tenants and owners) affected by the repair work, if such temporary relocation is necessary in order for the Mayor to proceed with the design and reconstruction.

Sec. 3. The Mayor is authorized to prohibit activities in Square S-5542 including, but not limited to landfill treatments, water diversions, and construction, which may contribute to the soil erosion and sedimentation problems in Square S-5542. S.E.

Sec. 4. The Mayor shall enter into right of entry agreements with each private property owner when the Mayor determines that such entry is necessary for the purposes of carrying out the provisions of this act. The Mayor shall not take any of the actions authorized by sections 2 of this act if the necessary right of entry agreements are not completed.

Sec. 5. The owner of any property in Square S-5542, upon which any improvements are made pursuant to this act or which abuts upon any improvements made pursuant to this act, shall be responsible for conducting an annual inspection and preventative maintenance for the wall. The District shall have no responsibility for such annual inspection or preventative maintenance.

Sec. 6. No claim or right of relief for any repair, reconstruction, or other remedial action undertaken by the Mayor pursuant to sections 2, 3, or 4 of this act is created by this act. Nor does this act establish any obligation on the part of the District of Columbia to take any further action, temporary or permanent, to address the issue of soil erosion or sedimentation in Square S-5542.

Sec. 7. The Chief Financial Officer of the District of Columbia has identified funds which are currently available to be used for the purposes described in section 2, above, without impairment of any other functions of the District government. Accordingly, the fiscal impact of this bill is expected to be de

Sec. 8. This act shall take effect immediately upon its enactment (approval by the Mayor, or in the event of veto by the Mayor, action by the Council to override the veto), and approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code sec. 47- 392.3(a)), and shall remain in effect for no longer than 90 days as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the Home Rule Act, approved December 24, 1973 (87 Stat 788; D.C. Code sec. 1-229(a).

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