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01-24-11 Council Agenda & Packet
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01-24-11 Council Agenda & Packet
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ORDINANCE NO. <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPROPRIATING $60,000.00 FROM THE NONREVERTING LOSS <br />RECOVERY FUND ( #227) IN 2011 FOR THE CLOSURE AND REMOVAL OF TWO <br />UNDERGROUND STORAGE TANKS AT CENTURY CENTER AND FOR <br />FREDRICKSON PARK REMEDIATION <br />STATEMENT OF PURPOSE AND INTENT <br />On December 8, 2008, the City of South Bend Common Council passed <br />Ordinance No. 9890 -08 which established the Nonreverting Loss Recovery Fund ( 4227). <br />The purpose of the Fund was to receive compensatory or exemplary damage payments <br />from third parties arising from loss or damage to City tangible or intangible property. <br />The City has received payments to date of $4,881,996 in this fund due primarily to the <br />settlement of a MTBE contamination lawsuit and also has received interest earnings in <br />the amount of $36,842. A total of $549,932 has been spent from the Fund to date <br />resulting in a cash balance of $4,368,906 at November 30, 2010. <br />The purpose of this ordinance is to appropriate a total of $60,000.00 from the <br />Nonreverting Loss Recovery Fund ( #227), of which $55,000.00 is for the closure and <br />removal of two underground storage tanks at Century Center, and an additional $5,000.00 <br />for Fredric kson Park remediation. <br />Century Center has two underground storage tanks that were previously used for <br />heating oil storage for heat and diesel fuel for a generator. The tanks have become <br />unnecessacy and the City of South Bend would like to take the appropriate actions to <br />complete the closure and removal of the tanks in accordance with local, state and federal <br />guidelines. If the tanks are left in place they will continually .deteriorate over time <br />possibly causing environmental contamination to the surrounding soils and to the St. <br />Joseph River, which flows in close proximity to the site. If this contamination were to <br />occur, the environmental cleanup and remediation costs would likely far exceed the <br />proposed tank closure and removal costs. <br />Ail additional $5,000.00 is appropriated for data analysis, mapping and reporting <br />twice during 2011 for Fredrickson Park Remediation monitoring and some specific <br />parameter investigation. Any sums unspent from this appropriation will be released back <br />into the Nonreverting Loss Recovery Fund. <br />NGW, THEREFORE, BE IT ORDAINED by the Common Council of the City of <br />South Bead, Indiana,, as follows: <br />SECTION I: The sum of $55,000 shall be and hereby is appropriated from and <br />set aside within the Nonreverting Loss Recovery Fund ( #227) in 2011 to pay for the <br />closure and removal of two underground storage tanks at Century Center. <br />
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