NUMB:
971406
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. MURPHY
TITL:
Substitute resolution authorizing various City departments to initiate actions preliminary to environmental testing of the tax delinquent property located at 1846 N. Dr. Martin Luther King, Jr., Drive and to expend up to $8,000 for phase II environmental testing of said property.
ANLS:
- Analysis -
This resolution authorizes the proper City officials to take actions preliminary to environmental testing of the tax delinquent property located at 1846 N. Dr. Martin Luther King, Jr., Drive, including obtaining special warrants for right-of-entry, if necessary. It also authorizes the Department of City Development to expend up to $8,000 from the Department's environmental testing and remediation capital project account for phase II environmental testing of this property.
BODY:
Whereas, It is in the best interest of the City of Milwaukee to perform environmental testing, remediation, acquisition and sale of tax delinquent properties which are known or suspected to be contaminated and which are marketable, eligible for reimbursement under the State of Wisconsin's Petroleum Environmental Cleanup Fund Act (PECFA) and/or have high potential for elimination of hazards to public health or safety; and
Whereas, The City cannot take possession of tax delinquent properties, and take actions to return them to the property tax rolls, until such properties have been tested for environmental contamination; and
Whereas, Section 304-28.5 of the Code of Ordinances provides for the establishment of an Environmental Testing and Remediation Subfund within the Permanent Improvement Fund and stipulates that at the beginning of each quarter, the Common Council shall approve, by resolution, the list of properties for which actions leading to environmental testing may be commenced during the quarter; and
Whereas, Department of City Development and Health Department staff, in conjunction with an interdepartmental work group established to administer the Subfund, have recommended, based on consideration of marketability, PECFA eligibility and overall cost recovery potential, that the environmental testing process be initiated for the property located at 1846 N. Dr. Martin Luther King, Jr., Drive (tax key no. 353-0833-120-0); and
Whereas, The uncommitted balance in the environmental testing and remediation capital project account in the Department of City Development's budget (Account Number 31-709-0551) is $204,600; and
Whereas, The estimated cost of phase II environmental testing of the specified property is $8,000; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the City Attorney's Office, the Department of City Development and the Health Department are authorized to take the necessary actions preliminary to environmental testing of the property located at 1846 N. Dr. Martin Luther King, Jr., Drive (tax key no. 353-0833-120-0), including the City Attorney's acquisition of a special warrant for right of entry to this property, if needed; and, be it
Further Resolved, That the Department of City Development, with technical advice from the Health Department, is authorized to expend up to $8,000 from the Department of City Development's environmental testing and remediation capital project account on phase II environmental testing services for the specified property; and, be it
Further Resolved, That, should the City decide not to foreclose on the property located at 1846 N. Dr. Martin Luther King, Jr., Drive, the total cost of the phase II environmental assessment of said property shall be a lien upon the property and shall be collected as a special tax, provided that the City Attorney's Office reviews and approves such method of cost recovery.
ZDPT:
DFTR:
LRB97660.2
JDO
1/20/98