HomeMy WebLinkAboutResolution No. 62-2016 - Transferring Federal Hydropower Permit ExemptionRESOLUTION 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.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana
held on December 13, 2016, at 1308 County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
CITY OF SOUTH BEND,
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Therese Doran. XIcAher
Elizabeth Maradik, Member
Ja Mueller, Member
ATTEST:
1
J n
nda M. Martin, lerk
Date 12/9/2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Department PW
Name Therese Dorau Division/Bureau Sustainability
BPW Date 12/13/2016 Phone Extension X9323
Required Prior to Submittal to Board
Legal ® Attorney Name: Michael Schmidt
Controller ❑ Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing ❑
Check the Appropriate Item Type — Required for All Submissions
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red
❑ Yes ❑ No ❑ If Yes, Approved by
Purchasina
WBE
as Name of
A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR
THE CITY OF SOUTH BEND, INDIANA TRANSFERRING ITS
FEDERAL HYDROPOWER PERMIT EXEMPTION
❑ Required Contractor's Certification Forms Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
ired For