The URL can be used to link to this page

Home My WebLink About2011-R-35 STATE 01' INDIANA BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE RESOLUTION NO.2011 -R- A RESOLUTION EXPRESSING THE CONSENSUS OF THE JEFFERSONVILLE CITY COUNCIL IN SUPPORT OF COMPLETLNG THE ACQUISITION OF PROPERTY FOR, AND FINANCING AND CONSTRUCTION OF, THE STORM WATER CONVEYANCE SYSTEM THAT WILL SATISFY THE CITY'S OBLIGATIONS UNDER ITS LONG- TERM CONTROL PLAN ADOPTED PURSUANT TO FEDERAL CONSENT DECREE. WHEREAS, this Common Council of the City of Jeffersonville, Indiana (hereinafter this "City Council "), is the legislative body of the City of Jeffersonville, County of Clark, State of Indiana (the "City"), pursuant to the provisions of Ind. Code § 36- 4 -6 -2; and, WHEREAS, the City is subject to the provisions of a Consent Decree entered in the United States District Court for the Southern District of' Indiana in Case No. 4:09 -CV -0125 DFH -WGII that obligates the City to implement an approved Combined Sewer Overflow Operational Plan ( "CSOOP "), including without limitation, the development and completion of a t Long -Term Control Plan ("LTCP "), in order for the City to comply with the requirements of the Clean Water Act ( "C WA'), 33 U.S.C. § 131, et seq., and Ind. Code § 13-30-4-1 and Ind. Code § • 13- 14 -2 -6; and, WHEREAS, based on the advice of consulting engineers retained by the City's sanitary board established pursuant to the provisions of Ind. Code § 36-9-23-4 (the "Sewer Board "), and with the prior approval and consent of this City Council, the City has adopted a LTCP that proposes to construct, operate, and maintain a storm water relief conveyance system that is approximately 4,400 feet in length, 40 feet in width, and 4 feet in depth (i.e., an open channel of 704,000 cubic feet, which is capable of holding 5.265 million gallons of water) (the "Storm Water Conveyance System ") that will run from the park that the City is presently constructing at the southeast comer of the intersection of West Ninth Street and VFW Boulevard to the southeast comer of the intersection of Mulberry Street and Chestnut Street before discharging into an underground outfall releasing storm water into the Ohio River, the route of which is generally shown on the map attached hereto as Exhibit "A"; and, WHEREAS, the LTCP adopted by the City includes the cons :ruction and operation of certain capital improvement projects necessary for the operation of the storm water relief conveyance system; and WHEREAS, the feasibility and completion of the Stomt Water Conveyance System became a hotly debated topic during the recent municipal elections, the results of which this City Council now fears places the commitment to acquire the remaining properties for, and complete construction of, the Storm Water Conveyance System in doubt; and, WHEREAS, this City Council acknowledges that (i) the construction of the Storm Water Conveyance System requires the City to acquire 46 parcels of real properly from 38 owners (including 7 parcels acquired for the construction of the Big Four Bridge approach project), (ii) the City has completed the acquisition of 23 of these parcels at an aggregate cost of approximately 32,373,324 (inclusive of relocation assistance costs); (iii) the City is contractually obligated to acquire 3 additional parcels from 2 owners at an aggregate cost of 31,315,000 (exclusive of relocation assistance costs); and, WHEREAS, this City Council now finds that the completion of the acquisition of the 20 parcels from the remaining 13 owners that will be required to construct the Storm Water Conveyance System, and the completion of construction of the Storm Water Conveyance System, will likely be the most cost - effective manner in which to achieve compliance with the I.TCP as required by the Consent Decree given the City's investment of more than 33,688,324 in property acquisition costs alone to date; and, WHEREAS, this City Council further now reaffirms its prior determination that the construction of the Storm Water Conveyance System and related capital improvement projects pursuant to its present design substantially eliminates any risk that the finite capacity of underground conveyance pipes as part of the solution will prove to be inadequate to solve the City's CSO elimination obligations in order to achieve CWA compliance and provide satisfactory protection from Ohio River flood events; and, WHEREAS, this City Council now adopts this Resolution for purposes of expressing the consensus of its members that the City should, without further delay or interruption, complete the acquisition of the remaining parcels needed to construct the Storm Water Conveyance System, and further proceed to fully finance and construct the Storm Water Conveyance System within such parcels, for the benefit of the environmental health and safety of the City and its citizens. NOW, THEREFORE, 13E I1' RESOLVED by this Common Council of the City of Jeffersonville, Indiana, as follows: 1. This Resolution is intended to evidence that this City Council has been and is now in full support of the City Administration continuing to acquire the 20 additional parcels of real property from 13 owners that are required to construct the Storm Water Conveyance Project. • 2. This City Council has been and is now in full support of financing and constructing the Storm Water Conveyance Project and related capital improvement projects as presently designed in the ordinary course of business in order to fulfill the requirements of the LTCP and provide adequate protection from Ohio River flood events, notwithstanding the change of the City Administration that will result from the recent municipal elections in January 2012. 3. This Resolution is not intended to, and does not, express any position of this City Council regarding whether the City, through the incoming City Council and City Administration, should seek to incorporate any public or private development or redevelopment of properties • adjacent to the Storm Water Conveyance Project. This City Council acknowledges that such determinations, including without limitation, the extent to which any such development or redevelopment should be accomplished through the expenditure of public funds, should properly be made by the incoming City Council and City Administration in the exercise of their informed discretion. 4. This City Council further encourages the Mayor - Elect, and all newly elected members of this legislative body, to take the actions necessary to fully evaluate the engineering plans and information that support the propriety of the policy positions declared in this Resolution. It is the sincere hope of this City Council that all members of the incoming City Administration and City Council will find a way to support the policy positions declared in this Resolution when they assume office in January 2012 for the good of' all of the citizens of this City. 5. This Resolution shall be in full force and effect upon its adoption by this City Council and approval by the Mayor in accordance with the provisions of applicable Indiana law. SO RESOLVED by this Common Council of the City of Jeffersonville, Indiana, this day of November, 2011. ss i..k4 Sm President of the City Council Attes:: _ .. Peggy ' q r, Clerk- Treasurer • CERTIFICATE OF PRESENTATION TO MAYOR The undersigned hereby certifies that on the `d2.t" of `___ L , 2011, the above Resolution was PRESENTED by me, as the duly elected Clerk- Treasurer of the City of Jeffersonville, Indiana, to the Mayor of the City of Jeffersonville, Indiana. Peg a \T"l ider, Clerk- Treasurer APPROVAL BY MAYOR The undersigned, as of this (Band day of islatlereke.7 , 2011, and as the duly elected Mayor of the City of Jeffersonville, Indiana, hereby APPROVES this Resolution, which approval was entered within ten (10) days after its presentation by the Clerk- Treasurer to me. 1 11.1< THOMAS R C r LT t• 1, Mayor • Attest. i • A 10 D u Pet a CI. der, Clerk - Treasurer • EXHIBIT "A" -- - - - - --- — - — --- 7 .--. . . i t : - - _ • - _. - %.: : - 7_ ._ -.....' !' ; ..-• ! - • / ,• • --•_ ; • . " ; ;,/ __„ . .. _..._ _ ; . I: . • tri7 7 ---7 2-2-._-r- .4-.1 -- ; --4 t _ ----- . .---rliz . ; , .. •.1. .. , .1 /, .... , :- .....---/-.-ti:Ang- L-.4-1-1 ; , :.„:.,.:;:„, - j i,trti, - 4 -; . s ,.4-__•:L.•,.. • i •''.' • . ' i s • : : ' •..:.•••• itt.. tra•Wl • • ••.' 7 ' - ic:'. ' c• it .::::--3 VITO •%4•••• dr •• i 1 ‘ ' 2 , . • • •• i •F‘ • .. •@•‘ 1 .7 Y.1 . ):1 1 lig I lc ••'I'l I „. d • \ •:• • ■•■■,:j 4.,.... I e • I 7 • • al ....:;•.) —..- te.. 4::::;"- ':; ‘ - -;-1•• - ' -; .-.0.-• . ,.....-.:4;,; 1 :: ;. ....-: -ri -. 0- s. •-- '.. • lk \ ' - m an : i rf r.v.:.; w %,;74 - i-- cr).4 ; -- - ---- e. A ,7-' ) Th:•:-. ',, ' , t• • -I:. : ,..,.„... , ....IL e e°, e A • ....,,, ... - ----.--- - '- - • • A.;.-- .:1 ,.....,;:.....i., 1 : . re *. 1 -. cr.-. ;I: i ‘ . , ' ' - w ',AA 1 - - e- --4t- 0...:..........:A..uz-: a - '0"...;r: • \ ; i : ';;!k• .10 - \ t": •.- ‘. : c 1:2": . 1: \ ?I . % ,• X: ...1r V ; 11,, :..t . ......\... .;_ -- 44 ••••••( . ."- . - •:::....:: ..‹......,"' Ak al Wi :, '.. .. - ,C.--7 •C". ‘...0-t 4 C. ...:::') 1 .-":- :S - --•':.?:1 0- r, ‘ -4> ..'. 17: - , tec . 7..A.,.:-- 4 ,.. 4 „.4.4.. tr .,. .."-:7:- - A.,,-..„,...--.,..t...... 4.k. ...- ally* 'Z'.'; .. .;:r . ,7 . \ ;; T k - r '''; ,...:"'" ; „et' ..-eng./. err', . , s -,,, ..ilth ..;.r.-:. :•::;;;;.:.: \ ,4‘.....w.x:\ c;,.,;- .1 . 4 ..n.,' ''-"V )4 \.'i,lccizIAt 016 ,4 ::,......„.- .. \ .. ,..., ,y.,....-,.. % - ; ; '.... 4. • - ,‘.4-::,.A", ‘ -. _ „„ e . .:-.1: \ '::: 1 4 .( i : :.'A ( 9 . ■ L:4 .-V.: 7 5:- 1 4 ' . •• . '-' ...: :..."): tte.1 ... . %.,teC4 0 ; ‘ ''.• : 2": :. ..- : ?,t is. 4 ntill• • N.' . 1 \ • , "414 `,. \s. ' • • r. . '•*,,..4 ; -•'' -Is ' ••• , t., , •• " sos • .;:;..• - .-• •. s : -.•• :• ..:vs je ,--..‘ •- .• ........• a* V:\ >bSea- C O . -... S 4 1 ... '.. 4: ••:•:, ) S:41., 4714..:::Y.,:•.:::: :::....", :41 • cet,, ' ': "te _...N b•- • 7,..••• 1 1 s c V;4 i • ‘ t .4 " . 0..15 . 1i lk ‘ • Vd." '11 ' .•# . A V 't '-e; :::;? 4 , : , 140( ''.344...4"Cce: .tir ktr:fil \ I. ' l'• t .. 4 6 :4 :3'e t t . \ .. e. ' 4:: ..- ,:it,' -44, c 4,-" • '1/4 gerffstG,‘L. - , .::,>:-_•*.z. .s, z,e2,-5,2: 4 . : . • - = - !, -. 2 . .. ------ _._ : - -- _ ; .. .-...., , 1 Jeffersonville Canal iv:. 4 / 1 gi .1 •-■ l'illl ■ 1 1 t .21 '. ' i I ' : , Conceptual Plans it. l i ... i' Id • C ! 19 ! i i - i .:, 1 ' I . mierscuvillt. int: .:::. I i • ■ ■ : : • ' . : V 'ti