Chairman Cropp at the request of the Mayor
A
BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Chairman Cropp introduced the following bill, which was referred to the Committee on
Public Works and the Environment..
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 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 minimis.
Sec. 8. This act shall take effect following approval by the Mayor (or
in the event of veto by the Mayor, action by the Council to override the veto), 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 a 30-day period of
Congressional review as provided in section 602(c)(1) of the District of Columbia
Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat
788; D.C. Code sec. 1-233(c)(1)), and publication in the District of Columbia Register.