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1 COUNCIL BILL NO. 14-14 ORDINANCE NO. 14-14 AN ORDINANCE CREATING A NEW CHAPTER IN THE BUTTE-SILVER BOW 1 MUNICIPAL CODE TO BE NUMBERED CHAPTER 2.94 OF THE BUTTE- 2 SILVER BOW MUNICIPAL CODE (B-SB MC) AND ENTITLED “SUPERFUND 3 ADVISORY AND REDEVELOPMENT TRUST AUTHORITY”; PROVIDING FOR 4 APPOINTMENT OF AND QUALIFICATION OF MEMBERS; PROVIDING FOR 5 DUTIES AND RESPONSIBILITIES OF THE SUPERFUND ADVISORY AND 6 REDEVELOPMENT TRUST AUTHORITY; PROVIDING FOR A MEANS OF 7 FINANCING THE REDEVELOPMENT TRUST FUND; AND PROVIDING FOR AN 8 EFFECTIVE DATE HEREIN. 9 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 10 COMMISSIONERS OF THE CITY AND COUNTY OF BUTTE-SILVER BOW, 11 STATE OF MONTANA: 12 SECTION 1: New Chapter: There is hereby created a new 13 chapter of the Butte-Silver Bow Municipal 14 Code (B-SB MC) to be named “Superfund 15 Advisory and Redevelopment Trust Authority” 16 and numbered Chapter 2.94. 17 SECTION 2: New Section: There is hereby created a new 18 section of the Butte-Silver Bow Municipal 19 Code (B-SB MC) which shall read as follows: 20 “2.92.010 Purpose. The purpose of this 21 chapter is to provide for an appointed 22 ---PAGE BREAK--- 2 Authority of citizens of the City and County 1 of Butte-Silver Bow (City County) to a) 2 interface with the Chief Executive and/or 3 his/her delegated employees accountable for 4 coordinating all Superfund activities, to 5 comply with Section 4.02 2 of the Butte- 6 Silver Bow Municipal Charter; and b) to 7 direct, manage and distribute Redevelopment 8 Trust Funds in a manner that complies with 9 the provisions set forth in the “Allocation 10 and Settlement Agreement and Mutual Release 11 of Claims By and Between the City and County 12 of Butte-Silver Bow and Atlantic Richfield 13 Company” (Agreement), subsequent Addenda to 14 the Agreement, and this chapter.” 15 SECTION 3: New Section: There is hereby created a new 16 section of the Butte-Silver Bow Municipal 17 Code (B-SB MC) which shall read as follows: 18 “2.94.020 Objective. The objective of 19 the Superfund Advisory and Redevelopment 20 Trust Authority (the Authority) is to advise 21 the local government in the long-term 22 improvement, redevelopment/re-use, cleanup, 23 treatment, management, monitoring and/or 24 ---PAGE BREAK--- 3 maintenance of remediated and unremediated 1 Superfund and/or other environmentally 2 impacted properties/sites within the 3 entirety of the City and County of Butte- 4 Silver Bow; and, pursuant to the Allocation 5 Agreement, (located as part of the permanent 6 file records in BSB’s Clerk and Recorder’s 7 office), to plan, engage and promote 8 redevelopment and/or re-use of 9 land/properties (both remediated and 10 unremediated) within the Butte Priority 11 Soils Operable Unit (BPSOU) that are 12 affected from past mining impacts. In 13 compliance with the Allocation Agreement, 14 funds from the Redevelopment Trust shall be 15 directed to infrastructure projects, 16 maintenance and protection programs, and 17 general economic development activities that 18 serve the community interest and general 19 public welfare. 20 In the event that the city-county receives 21 or accrues other sources of monies, 22 properties, interests from Superfund/other 23 environmental settlements, agreements, 24 ---PAGE BREAK--- 4 orders, decrees, grants, contracts or other, 1 not in conjunction or in relationship with 2 the Redevelopment Trust Funds outlined in 3 the Agreement and not explicitly directed, 4 allocated, awarded or ordered to a specific 5 action, project, requirement or obligation, 6 the Authority may advise the Chief Executive 7 and/or his/her delegated employees and/or 8 agents on decisions pertaining to such, 9 funds.” 10 New Section: There is hereby created a new section of the 11 Butte-Silver Bow Municipal Code (B-SB MC) 12 which shall read as follows: 13 SECTION 4: “2.94.030 Scope. The Authority shall have 14 the obligation to establish Operating 15 Procedures/By-Laws that allow for providing 16 review, advice, recommendations, comments, 17 and other considerations/input to the Chief 18 Executive and/or his/her delegated employees 19 in regards to Superfund and/or other 20 environmental issues, decisions in 21 accordance with Section 4.02 2 of the 22 Butte-Silver Bow Municipal Charter; and for 23 approving, rejecting, evaluating expenditure 24 ---PAGE BREAK--- 5 requests conforming to the use of 1 redevelopment trust funds to accomplish the 2 objectives of this chapter.” 3 SECTION 5: New Section: There is hereby created a new 4 section of the Butte-Silver Bow Municipal 5 Code (B-SB MC) which shall read as follows: 6 “2.94.040 Definitions. The following 7 definitions are provided for the sole purpose 8 of proper interpretation and administration 9 of this Ordinance: 10 A. Allocation Agreement shall mean the 11 Allocation and Settlement Agreement and 12 Mutual Release of Claims By and Between 13 the City and County of Butte-Silver and 14 Atlantic Richfield Company, and all signed 15 and executed Addenda. 16 B. AR shall mean Atlantic Richfield Company, 17 a Delaware corporation, together with all 18 of its predecessors, successors (merged, 19 acquired or otherwise), subsidiaries and 20 assigns, including, but not limited to, 21 AERL. 22 C. BPSOU shall mean the area depicted on the 23 map attached as Exhibit hereto as the 24 ---PAGE BREAK--- 6 “Butte Priority Soils Operable Unit” and 1 any area added thereto by EPA. 2 D. BSB shall mean the local government of the 3 City and County of Butte-Silver Bow, 4 Montana, and any successors thereto, 5 including all officers, employees, agents, 6 representatives, boards, departments, 7 Advisory Boards, programs and authorities 8 thereof. 9 E. EPA shall mean the United States 10 Environmental Protection Agency and any 11 successor agency thereto. 12 F. MDEQ shall mean the State of Montana 13 Department of Environmental Quality and 14 any successor agency thereto. 15 G. NRDP shall mean the State of Montana- 16 Department of Justice Natural Resource 17 Damage Program and any successor agency 18 thereto. 19 H. Redevelopment Accounting Report shall mean 20 an Accounting report, in a form acceptable 21 to BSB and AR, of all amounts withdrawn by 22 BSB from the Redevelopment Trust Account 23 during the prior Fiscal Year. 24 ---PAGE BREAK--- 7 I. Redevelopment Trust Account shall mean a 1 segregated and separate Account of BSB, 2 with a financial institution acceptable to 3 BSB and AR that is established pursuant to 4 the Agreement.” 5 6 SECTION 6: New Section: There is hereby created a new 7 section of the Butte-Silver Bow Municipal 8 Code (B-SB MC) which shall read as follows: 9 “2.94.050 Authority Established. In order to 10 carry out the purpose of this chapter, and in 11 compliance with the provisions of the 12 Agreement, a Superfund Advisory and 13 Redevelopment Trust Authority is created. 14 This Authority shall consist of seven voting 15 members and four ex-officio members, all 16 residents of the City-County, as follows: 17 A. A member shall have professional expertise 18 in the discipline of Land Use, nominated by 19 the BSB Planning Board and confirmed by the 20 BSB Council of Commissioners; 21 B. A member shall have professional expertise 22 in the discipline of Medicine or Health 23 Science, nominated by the BSB Health Board 24 ---PAGE BREAK--- 8 and confirmed by the BSB Council of 1 Commissioners; 2 C. A member shall have professional expertise 3 in the discipline of Cultural Heritage or 4 Historic Preservation, nominated by the BSB 5 Historic Preservation Commission and 6 confirmed by the BSB Council of 7 Commissioners; 8 D. The remaining four members shall be At- 9 Large from the community, nominated by the 10 Chief Executive and confirmed by the BSB 11 Council of Commissioners. To the extent 12 practicable, these at-large members should 13 have demonstrated knowledge or professional 14 experience or training in one or more of 15 the following disciplines, including but 16 not limited to finance, investment or 17 accounting; sciences (physical, biological) 18 or engineering; parks and recreation; 19 education; local business 20 management/ownership. 21 E. Four Ex-Officio members, including the BSB 22 Chief Executive, the BSB County Attorney, a 23 member of the BSB Council of Commissioners, 24 ---PAGE BREAK--- 9 and a representative of AR, should AR 1 choose to exercise this right.” 2 SECTION 7: New Section: There is hereby created a new 3 section of the Butte-Silver Bow Municipal 4 Code (B-SB MC) which shall read as follows: 5 “2.94.060 Appointment – Terms - Vacancy. 6 A. Terms of office for Authority members 7 shall be staggered and shall be three 8 years in duration. For the initial term, 9 upon enactment of this ordinance, two 10 members shall be appointed for one year, 11 three members shall be appointed for two 12 years and two members shall be appointed 13 for three years. The number of 14 consecutive terms served by any one member 15 will determined by the Authority upon 16 adoption of its By-Laws. 17 B. Vacancies on the Authority shall be filed 18 within sixty days by appointment by the 19 Chief Executive and are subject to the 20 confirmation of the Council of 21 Commissioners for the unexpired portion of 22 the term.” 23 ---PAGE BREAK--- 10 SECTION 8: New Section: There is hereby created a new 1 section of the Butte-Silver Bow Municipal 2 Code (B-SB MC) which shall read as follows: 3 ”2.94.070 Powers and Duties. 4 A. The Authority shall advise the Chief 5 Executive and/or his/her designated 6 employees on Superfund and 7 environmental issues; and review, 8 consider, approve or deny funding 9 requests and allocate resources for 10 projects proposed by the City-County or 11 other entities for the purposes set 12 forth in the Agreement and in this 13 chapter. 14 B. Develop by-laws to govern its operating 15 procedures and facilitate the 16 implementation of this chapter. 17 C. Encourage public education and 18 participation in Superfund and/or other 19 environmental issues and cooperate with 20 local, state, federal and other 21 agencies, boards, committees, entities 22 and parties, including but not limited 23 ---PAGE BREAK--- 11 to BSB, MDEQ, NRDP, EPA, AR in these 1 regards. 2 D. The Authority shall provide and submit 3 an annual report to the Chief 4 Executive, the Council of 5 Commissioners, and AR, to include major 6 activity, projects and a Redevelopment 7 Trust Accounting Report no later than 8 September 15 (fifteenth) of each year; 9 E. Shall keep, or cause to be kept, proper 10 minutes of meetings and books of record 11 and expenditures segregated from all 12 other records and accounts of the City- 13 County, in which complete and correct 14 entries shall be made of all 15 transactions relating to the 16 Redevelopment Trust. 17 F. Undertake any actions necessary to 18 assure compliance with the terms of the 19 Agreement for any expenditures of the 20 Trust.” 21 Section 10: New Section: There is hereby created a new 22 section of the Butte-Silver Bow Municipal 23 Code (B-SB MC) which shall read as follows: 24 ---PAGE BREAK--- 12 “2.94.090 Method of Financing. The 1 Redevelopment Trust Authority is authorized 2 to allocate those funds deposited into the 3 Redevelopment Trust Account, together with 4 accrued interest and income earned thereon 5 to Butte-Silver Bow for the purpose of 6 fulfilling the objectives outlined in this 7 chapter. Funds shall be accounted for in 8 the same manner provided for other Butte- 9 Silver Bow offices and departments.” 10 SECTION 11: New Section: There is hereby created a new 11 section of the Butte-Silver Bow Municipal 12 Code (B-SB MC) which shall read as follows: 13 “2.94.100 Meetings. 14 A. The Redevelopment Trust Authority shall 15 conduct a minimum of one regularly 16 scheduled meeting each month to carry out 17 the provisions of this chapter, except 18 that the chairperson, with the consent of 19 the Chief Executive, may cancel any 20 meeting if there are no matters to be 21 considered. 22 B. Special meetings of the Authority may be 23 called by the chairperson, the Chief 24 ---PAGE BREAK--- 13 Executive or by four members of the 1 Authority when such meetings are necessary 2 to carry out the provisions of this 3 chapter. 4 C. All meetings shall be held in public and 5 in accordance with the Montana State Open 6 Meeting law. All written or taped minutes, 7 reports and Authority decisions shall be 8 available to the public.” 9 SECTION 12: New Section: There is hereby created a new 10 section of the Butte-Silver Bow Municipal 11 Code (B-SB MC) which shall read as follows: 12 “2.94.110 Severability Clause. If any 13 section, subsection, sentence, clause, 14 phrase or word of this Ordinance is, for any 15 reason, held to be invalid or 16 unconstitutional, such decision shall not 17 affect the validity of the remaining 18 portions of this chapter, and the remainder 19 of the chapter will remain in force and 20 effect.” 21 SECTION 13: Effective Date: This Ordinance shall be in 22 full force and effect from and after thirty 23 (30) days after passage and approval. 24 ---PAGE BREAK--- 14 PASSED this day of 2014. 1 2 3 CINDI SHAW 4 CHAIRMAN OF THE COUNCIL OF COMMISSIONERS 5 6 APPROVED this day of 2014. 7 8 9 10 11 MATTHEW S. VINCENT 12 CHIEF EXECUTIVE 13 14 ATTEST: 15 16 17 18 19 SALLY HOLLIS 20 CLERK AND RECORDER 21 22 APPROVED AS TO FORM: 23 24 25 26 27 EILEEN JOYCE 28 COUNTY ATTORNEY 29 30 31 32 33 WILLIAM O. ANDERSEN 34 CHAIRMAN, JUDICIARY COMMITTEE 35