1999.02.01 RESO 1999-0003 - Laserfiche WebLink

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City of Hugo RESOLUTION 1999-3 A RESOLUTION ESTABLISHING AN AD-HOC ADVISORY COMMITTEE TO ADVISE THE CITY COUNCIL ON THE MAINTENANCE OF JUDICIAL DITCH 2. WHEREAS, Judicial Ditch 2 (JD2), commonly known as Hardwood Creek, serves as one of four main stormwater drainage systems serving the City of Hugo; and WHEREAS, JD2 provides the stormwater conveyance system for approximately sixty percent of the community, an area comprising over nineteen square miles; and WHEREAS, JD2 was ordered established as a public necessity by District Court on April 12, 1909; and WHEREAS, pursuant to the order of the District Court, JD2 was constructed by Washington County, and the cost of such construction was assessed against property determined to benefit from the improvements; and WHEREAS, the Rice Creek Watershed District petitioned the District Court of the Tenth Judicial District to take over responsibility to repair and maintain JD2 on March 14, 1974, and did, at such time, represent to the Court that the Watershed District has the engineering and other assistance to provide for the care and maintenance of the drainage system; and WHEREAS, the District Court ordered that the Rice Creek Watershed District to assume responsibility for the maintenance of JD2; and WHEREAS, the City of Hugo's local water management plan is based upon the use of JD2 as originally constructed without constrictions of its hydraulic capacity and efficiency; and WHEREAS, a report by Montgomery Watson, engineers for the Watershed District, dated June 10, 1998, stated that approximately 3.4 feet of sediment has accumulated in the ditch; and WHEREAS, three culverts were placed in the ditch at elevations that obstruct the designed stormwater-carrying capacity of the ditch, as shown in the Montgomery Watson report of July 8, 1998; and WHEREAS, the obstructions and sediment allowed in the ditch are substantially reducing the hydraulic capacity and efficiency of JD2 as ordered and constructed; and WHEREAS, on November 2, 1998, the City of Hugo petitioned the Rice Creek Watershed District to hold an obstruction hearing to determine whether the culverts obstruct JD2, and to order their removal and restoration pursuant to Minnesota Statues Section 103E.075; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA AS FOLLOWS: 1. The City of Hugo believes that the Rice Creek Watershed District has a legal responsibility to maintain Judicial Ditch 2 in its as -built condition. 2. The City of Hugo desires that all obstructions to the stormwater-carrying capacity of the ditch be removed as expeditiously as possible. 3. The City of Hugo desires that the sediment that has been allowed to accumulate in the ditch be removed to maintain the as -built hydraulic capacity of the drainage system.