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2006-330 RESOLUTION NO. 2006-330 A Resolution authorizing testing and assessment at Riverside Plating 1623 Beloit A venue without ownership and the use of Brownfield grants therefore. WHEREAS, the Common Council of the City of Janesville recognize that the remediation and redevelopment of Brownfields is an important part of protecting Wisconsin's resources and reuse of abandoned lands; and WHEREAS, the Common Council previously provided in Council Resolution No. 2005- 210 that the City Administration bring the matter of the property's acquisition back to the Common Council for prior review and authorization; and WHEREAS, by adopting this Resolution, the Common Council authorize the use of previously granted Brownfield grants from the State for testing, structure razing and removal, and site assessment without ownership for the real property located at 1623 Beloit Avenue in the City of Janesville, County of Rock, State of Wisconsin 53546 (Riverside Plating Company, Inc., abandoned site) and the subsequent application for, acceptance and expenditure of additional grants monies and funds by the City Administration to undertake and complete said Brownfield Site testing and assessment activities described in the Wisconsin Department of Natural Resources Grant awarded to the City of Janesville on June 13, 2006 and otherwise; and WHEREAS, the City of Janesville will maintain records documenting all expenditures made during the Brownfield Site Assessment Grant assessment and site restoration period; and WHEREAS, the City of Janesville will work cooperatively with and allow employees, agents and representatives of the Wisconsin Department of Natural Resources and other appropriate agencies access to inspect the site or facility and grant records; and WHEREAS, the City of Janesville intends: to comply with all requirements of law for such past and future grants, maintain full environmental liability exemption for the City, to remediate contamination on the site, otherwise restore and render the abandoned and dilapidated property suitable for redevelopment and reuse in accord with Wisconsin's Brownfield initiatives; and WHEREAS, the City of Janesville intends to comply with all requirements of and will submit all documents, including but not limited to a final report, to the Department of Natural Resources which will accompany the final payment requests. WHEREAS, the City Administration is not proposing to acquire ownership of the property through County tax foreclosure or otherwise at this time; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesvillethat: 1. The above introduction and all recitals are incorporated herein by reference as if fully set forth verbatim; and 2. The City Administration is authorized on behalf of the City of Janesville to expend previously awarded grants, and to apply for, accept and expend future grants, funds and assistance available from the Wisconsin Department of Natural Resources under the Brownfield Site Assessment Grant Program, from other related State remediation programs, and other grant programs and sources; and 3. The City of Janesville shall take any and all necessary action to undertake, direct, and complete approved grant activities, and comply with State rules for such assessment and testing activities and program(s) including, but limited to, the razing of the building to allow for environmental testing and site clean-up, and full site remediation, but the City shall not acquire ownership of the property by any means without express approval of the Common Council at the time of a proposed acquisition, if any; and BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby jointly and severally authorized and empowered to negotiate, draft, review, revise, modify, amend, execute, enter into, file and/or record additional applications, agreements, amendments, documents, reports, and letters of understanding concerning this matter, and to take whatever additional other actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest to effectuate the intent of this Resolution. ADOPTED: August 28, 2006 MOTION BY: Willaims SECOND BY: Brien COUNCILMEMBER AYE NAY PASS ABSENT BRIEN X WELLNITZ, Tom X WILLIAMS X BRUNNER X WELLNITZ, Tim X DEGARMO X ADDIE X APPROVED: / /L r;J¿ Steven E. Sheiffer, Cit Manager APPROVED AS TO FORM: ( _I¡ ~ ~t~~v - Assistant City Attorney <X-'- ~3-o~ Proposed by: Public Works Department Prepared by: Public Works Department and City Attorney's Office