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CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />Mr. Derek D. Dieter <br />President of the Common Council of the City of South Bend <br />455 County -City Building <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601 -1830 <br />Re: Ordinance of the Common Council Appropriating Monies from the NonReverting Loss <br />Recovery Fund for Closure and Removal of Two (2) Underground Storage Tanks at <br />Century Center and IDEM data reporting on Fredrickson Park Remediation <br />Dear President Dieter: <br />On December 8, 2008, the City of South Bend Common Council passed Ordinance No. 9890 -08 <br />which established the Nonreverting Loss Recovery Fund ( #227). The purpose of the fund was to <br />receive compensatory or exemplary damage payments from third parties arising from loss or <br />damage to City tangible or intangible property. The City has received payments to date of <br />$4,881,996 in this fund due primarily to the settlement of a MTBE contamination lawsuit and also <br />has received interest earnings in the amount of $36,842. A total of $549,932 has been spent from <br />the fund to date resulting in a cash balance of $4,368,906 at November 30, 2010. <br />Century Center has two underground storage tanks that were previously used for heating oil <br />storage for heat and diesel fuel for a generator. The tanks have become unnecessary and the <br />City of South Bend would like to take the appropriate actions to complete the closure and removal <br />of the tanks in accordance with local, state and federal guidelines. If the tanks are left in place <br />they will continually deteriorate over time possibly causing environmental contamination to the <br />surrounding soils and to the St. Joseph River, which flows in close proximity to the site. If this <br />contamination were to occur, the environmental cleanup and remediation costs would likely far <br />exceed the proposed tank closure and removal costs. <br />The first purpose of this ordinance is to request a 2011 appropriation in the amount of $60,000.00 <br />from the Nonreverting Loss Recovery Fund (##227) wherein $55,000 is for the closure and <br />removal of two underground storage tanks at Century Center and the second purpose is $5,000 <br />which is for data analysis, mapping and reporting twice during 2011 for Fredrickson Park <br />Remediation monitoring and some specific parameter investigation. Any amounts unspent from <br />this appropriation will be released back into the Nonreverting Loss Recovery Fund, <br />COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 <br />PHONE 574/235 -9216 FAx 574/235.9928 TDD 5741235 -5567 wWw.SOUTHBENDIN.GOV <br />'r <br />