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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 MUNICIPAL CODE TO BE NUMBERED CHAPTER 2.94 OF THE BUTTE- SILVER BOW MUNICIPAL CODE (B-SB MC) AND ENTITLED “SUPERFUND ADVISORY AND REDEVELOPMENT TRUST AUTHORITY”; PROVIDING FOR APPOINTMENT OF AND QUALIFICATION OF MEMBERS; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE SUPERFUND ADVISORY AND REDEVELOPMENT TRUST AUTHORITY; PROVIDING FOR A MEANS OF FINANCING THE REDEVELOPMENT TRUST FUND; AND PROVIDING FOR AN EFFECTIVE DATE HEREIN. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF COMMISSIONERS OF THE CITY AND COUNTY OF BUTTE-SILVER BOW, STATE OF MONTANA: SECTION 1: New Chapter: There is hereby created a new chapter of the Butte-Silver Bow Municipal Code (B-SB MC) to be named “ uperfund Advisory and Redevelopment Trust Authority” and numbered Chapter 2.94. SECTION 2: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: “ 2 . 9 2 . 0 1 0 Purpose. The purpose of this chapter is to provide for an appointed ---PAGE BREAK--- 2 Authority of citizens of the City and County of Butte-Silver Bow (City County) to a) interface with the Chief Executive and/or his/her designated employees accountable for coordinating all Superfund activities, to comply with Section 4.02 2 of the Butte- Silver Bow Municipal Charter; and b) to direct, manage and distribute Redevelopment Trust Funds in a manner that complies with the provisions set forth in the “Allocation and Settlement Agreement and Mutual Release of Claims By and Between the City and County of Butte-Silver Bow and Atlantic Richfield Company” (Agreement), subsequent Addenda to the Agreement, and this chapter.” SECTION 3: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: “2.94.020 Objective. The objective of the Superfund Advisory and Redevelopment Trust Authority (the Authority) is to advise the local government in the long-term improvement, redevelopment/re-use, cleanup, treatment, management, monitoring and/or ---PAGE BREAK--- 3 maintenance of remediated and unremediated Superfund and/or other environmentally impacted properties/sites within the entirety of the City and County of Butte- Silver Bow; and, pursuant to the Allocation Agreement, (located as part of the permanent file records in BSB’s Clerk and Recorder’s office), to plan, engage and promote redevelopment and/or re-use of land/properties (both remediated and unremediated) within the Butte Priority Soils Operable Unit (BPSOU) that are affected from past mining impacts. In compliance with the Allocation Agreement, funds from the Redevelopment Trust shall be directed to infrastructure projects, maintenance and protection programs, and general economic development activities that serve the community interest and general public welfare. In the event that the city-county receives or accrues other sources of monies, properties, interests from Superfund/other environmental settlements, agreements, ---PAGE BREAK--- 4 orders, decrees, grants, contracts or other, not in conjunction or in relationship with the Redevelopment Trust Funds outlined in the Agreement and not explicitly directed, allocated, awarded or ordered to a specific action, project, requirement or obligation, the Authority may advise the Chief Executive and/or his/her designated employees and/or agents on decisions pertaining to such, funds.” New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: SECTION 4: “2.94.030 Scope. The Authority shall have the obligation to establish Operating Procedures/By-Laws that allow for providing review, advice, recommendations, comments, and other considerations/input to the Chief Executive and/or his/her designated employees in regards to Superfund and/or other environmental issues, decisions in accordance with Section 4.02 2 of the Butte-Silver Bow Municipal Charter; and for approving, rejecting, evaluating expenditure ---PAGE BREAK--- 5 requests conforming to the use of redevelopment trust funds to accomplish the objectives of this chapter.” SECTION 5: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: “2.94.040 Definitions. The following definitions are provided for the sole purpose of proper interpretation and administration of this Ordinance: A. Allocation Agreement shall mean the Allocation and Settlement Agreement and Mutual Release of Claims By and Between the City and County of Butte-Silver and Atlantic Richfield Company, and all signed and executed Addenda. B. AR shall mean Atlantic Richfield Company, a Delaware corporation, together with all of its predecessors, successors (merged, acquired or otherwise), subsidiaries and assigns, including, but not limited to, AERL. C. BPSOU shall mean the area depicted on the map attached as Exhibit hereto as the ---PAGE BREAK--- 6 “Butte Priority Soils Operable Unit” and any area added thereto by EPA. D. BSB shall mean the local government of the City and County of Butte-Silver Bow, Montana, and any successors thereto, including all officers, employees, agents, representatives, boards, departments, Advisory Boards, programs and authorities thereof. E. EPA shall mean the United States Environmental Protection Agency and any successor agency thereto. F. MDEQ shall mean the State of Montana Department of Environmental Quality and any successor agency thereto. G. NRDP shall mean the State of Montana- Department of Justice Natural Resource Damage Program and any successor agency thereto. H. Redevelopment Accounting Report shall mean an Accounting report, in a form acceptable to BSB and AR, of all amounts withdrawn by BSB from the Redevelopment Trust Account during the prior Fiscal Year. ---PAGE BREAK--- 7 I. Redevelopment Trust Account shall mean a segregated and separate Account of BSB, with a financial institution acceptable to BSB and AR that is established pursuant to the Agreement.” SECTION 6: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: “2.94.050 Authority Established. In order to carry out the purpose of this chapter, and in compliance with the provisions of the Agreement, a Superfund Advisory and Redevelopment Trust Authority is created. This Authority shall consist of seven voting members and four ex-officio members, all residents of the City-County, as follows: A. A member shall have professional expertise in the discipline of Land Use, nominated by the BSB Planning Board and confirmed by the BSB Council of Commissioners; B. A member shall have professional expertise in the discipline of Medicine or Health Science, nominated by the BSB Health Board ---PAGE BREAK--- 8 and confirmed by the BSB Council of Commissioners; C. A member shall have professional expertise in the discipline of Cultural Heritage or Historic Preservation, nominated by the BSB Historic Preservation Commission and confirmed by the BSB Council of Commissioners; D. The remaining four members shall be At- Large from the community, nominated by the Chief Executive and confirmed by the BSB Council of Commissioners. To the extent practicable, these at-large members should have demonstrated knowledge or professional experience or training in one or more of the following disciplines, including but not limited to finance, investment or accounting; sciences (physical, biological) or engineering; parks and recreation; education; local business management/ownership. E. Four Ex-Officio members, including the BSB Chief Executive, the BSB County Attorney, a member of the BSB Council of Commissioners, ---PAGE BREAK--- 9 and a representative of AR, should AR choose to exercise this right.” SECTION 7: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: “2.94.060 Appointment – Terms - Vacancy. A. Terms of office for Authority members shall be staggered and shall be three years in duration. For the initial term, upon enactment of this ordinance, two members shall be appointed for one year, three members shall be appointed for two years and two members shall be appointed for three years. The number of consecutive terms served by any one member will determined by the Authority upon adoption of its By-Laws. B. Vacancies on the Authority shall be filed within sixty days by appointment by the Chief Executive and are subject to the confirmation of the Council of Commissioners for the unexpired portion of the term.” ---PAGE BREAK--- 10 SECTION 8: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: ”2.94.070 Powers and Duties. A. The Authority shall advise the Chief Executive and/or his/her designated employees on Superfund and environmental issues; and review, consider, approve or deny funding requests and allocate resources for projects proposed by the City-County or other entities for the purposes set forth in the Agreement and in this chapter. B. Develop by-laws to govern its operating procedures and facilitate the implementation of this chapter. C. Encourage public education and participation in Superfund and/or other environmental issues and cooperate with local, state, federal and other agencies, boards, committees, entities and parties, including but not limited to BSB, MDEQ, NRDP, EPA, AR in these ---PAGE BREAK--- 11 regards. D. The Authority shall provide and submit an annual report to the Chief Executive, the Council of Commissioners, and AR, to include major activity, projects and a Redevelopment Trust Accounting Report no later than September 15 (fifteenth) of each year; E. Shall keep, or cause to be kept, proper minutes of meetings and books of record and expenditures segregated from all other records and accounts of the City- County, in which complete and correct entries shall be made of all transactions relating to the Redevelopment Trust. F. Undertake any actions necessary to assure compliance with the terms of the Agreement for any expenditures of the Trust.” Section 10: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: ---PAGE BREAK--- 12 “2.94.090 Method of Financing. The Superfund Advisory and Redevelopment Trust Authority is authorized to allocate those funds deposited into the Redevelopment Trust Account, together with accrued interest and income earned thereon to Butte-Silver Bow for the purpose of fulfilling the objectives outlined in this chapter. Funds shall be accounted for in the same manner provided for other Butte-Silver Bow offices and departments.” SECTION 11: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: “2.94.100 Meetings. A. The Superfund Advisory and Redevelopment Trust Authority shall conduct a minimum of one regularly scheduled meeting each month to carry out the provisions of this chapter, except that the chairperson, with the consent of the Chief Executive, may cancel any meeting if there are no matters to be considered. ---PAGE BREAK--- 13 B. Special meetings of the Authority may be called by the chairperson, the Chief Executive or by four members of the Authority when such meetings are necessary to carry out the provisions of this chapter. C. All meetings shall be held in public and in accordance with the Montana State Open Meeting law. All written or taped minutes, reports and Authority decisions shall be available to the public.” SECTION 12: New Section: There is hereby created a new section of the Butte-Silver Bow Municipal Code (B-SB MC) which shall read as follows: “2.94.110 Severability Clause. If any section, subsection, sentence, clause, phrase or word of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, and the remainder of the chapter will remain in force and effect.” ---PAGE BREAK--- 14 SECTION 13: Effective Date: This Ordinance shall be in full force and effect from and after thirty (30) days after passage and approval. PASSED this day of 2014. CINDI SHAW CHAIRMAN OF THE COUNCIL OF COMMISSIONERS APPROVED this day of 2014. MATTHEW S. VINCENT CHIEF EXECUTIVE ATTEST: SALLY HOLLIS CLERK AND RECORDER APPROVED AS TO FORM: EILEEN JOYCE COUNTY ATTORNEY WILLIAM O. ANDERSEN CHAIRMAN, JUDICIARY COMMITTEE