Resolution No. 62-2016 - Transferring Federal Hydropower Permit Exemption

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RESOLUTION NO. 62-2016 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA TRANSFERRING ITS FEDERAL HYDROPOWER PERMIT EXEMPTION WHEREAS, the City of South Bend Board of Public Works ("Board") is the contracting body for the City of South Bend, Indiana ("City); and WHEREAS, the City is the owner of the South Bend Dam located on the St. Joseph River ("Dam"); and WHEREAS, the City has maintained a Federal Energy Regulatory Commission ("FERC") permit exemption for a small-scale hydropower facility since 1984, in the hopes of establishing the Dam as an ongoing source of renewable energy production; and WHEREAS, pursuant to a feasibility study performed in 2013, it was determined that it is not financially feasible for the City to construct and operate a hydropower facility; and WHEREAS, the Board has detailed its interest in partnering with Notre Dame to develop a hydroelectric facility at the South Bend Dam in Resolution 30-2015; and WHEREAS, the FERC exemption, a City asset, can be transferred via letter to another entity at the City's discretion for the purpose of implementing an approved hydropower project; and WHEREAS, the University of Notre Dame and the City of South Bend's Board of Parks and Recreation intend to enter into a ground lease and ancillary agreement detailing the partnership between the City and the University for the hydropower facility; NOW, THEREFORE, BE IT RESOLVED by the City of South Bend Board of Public Works as follows: 1. The Board shall relinquish the FERC exemption to the University of Notre Dame, in accordance with FERC practices and procedures and as required by a certain Ground Lease Agreement dated December 12, 2016 between the University of Notre Dame and the City acting by and through its Board of Parks Commissioners. 2. The Board hereby empowers Therese Dorau, serving in her capacity as Director of Sustainability, to sign and execute any documents needed to effectuate the transfer of the FERC exemption to the University of Notre Dame. This Resolution shall be in full force and effect after its adoption by the City of South Bend Board of Public Works.