HomeMy WebLinkAbout10070-11 Appropriation- $60,000 Loss Recovery Fund (#227) in 2011 Two Underground Storage Tanks.ORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
January 24,
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
January 25,
JO
2~ 11
20 11
City Clerk
~esident of Common Council
City Clerk
Approved and signed by me ~Tanuary 26 20 11
~/ ~'~'` Ma~~or
ORDINANCE NO. ~ ~~ ~ ~ ~" ~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $60,000.00 FROM THE NONREVERTING LOSS
RECOVERY FUND (#227) IN 2011 FOR THE CLOSURE AND REMOVAL OF TWO
UNDERGROUND STORAGE TANKS AT CENTURY CENTER AND FOR
FREDRICKSON PARK REMEDIATION
STATEMENT OF PURPOSE AND INTENT
On December 8, 2008, the City of South Bend Common Council passed
Ordinance No. 9890-08 which established the Nonreverting Loss Recovery Fund (#227).
The purpose of the Fund was to receive compensatory or exemplary damage payments
from third parties arising from loss or damage to City tangible or intangible property.
The City has received payments to date of $4,881,996 in this fund due primarily to the
settlement of a MTBE contamination lawsuit and also has received interest earnings in
the amount of $36,842. A total of $549,932 has been spent from the Fund to date
resulting in a cash balance of $4,368,906 at November 30, 2010.
The purpose of this ordinance is to appropriate a total of $60,000.00 from the
Nonrevert.ing Loss Recovery Fund (#227), of which $55,000.00 is for the closure and
removal of two underground storage tanks at Century Center, and an additional $5,000.00
for Fredrickson Park remediation.
Century Center has two underground storage tanks that were previously used for
heating oil storage for heat and diesel fuel for a generator. The tanks have become
unnecessary and the City of South Bend would like to take the appropriate actions to
complete the closure and removal of the tanks in accordance with local, state and federal
guidelines. If the tanks are left in place they will continually deteriorate over time
possibly causing environmental contamination to the surrounding soils and to the St.
Joseph River, which flows in close proximity to the site. If this contamination were to
occur, the environmental cleanup and remediation costs would likely far exceed the
proposed tank closure and removal costs.
Ari additional $x,000.00 is appropriated for data analysis, mapping and reporting
twice during 2011 for Fredrickson Park Remediation monitoring and some specific
parameter investigation. Any sums unspent from this appropriation will be released back
into the Nonreverting Loss Recovery Fund.
NGVv.", THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Ber.d, Indiana, as follows:
SECTION I: The sum of $55,000 shall be and hereby is appropriated from and
set aside within the Nonreverting Loss Recovery Fund (#227) in 2011 to pay for the
closure and removal of two underground storage tanks at Century Center.
SECTION II. An additional $5,000 is appropriated from and set aside within the
Nonreverting Loss Recovery Fund (#227) in 2011 for. the Fredrickson Park Remediation
reporting follow-up.
SECTION III. This ordinance shall be in full force and effect from and after its
passage by° the Common Council and approval by the Mayor.
Attest:
ity C erl:.
Member of the Common Council
Presented b}~ me to the Mayor of the City of South Bend, Indiana, on the
ti a-t- .day of ~~ , 2011, at I 1 ~ ~ ~ o'clock ~ . m.
Approved and signed by me on the 2~
~~n o'clock ~ . m.
1st READING ~' ~~ ~~
Nor 6',PPROVEa
REFERRED
PASSED. ~Z`~,-`~O
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City lerk , / I
day of , 2011, at
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Mayor, ity of th Bend, Indiana
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J~f~~ - 5 2011
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