ORDINANCE NO. 11-O-____
AN ORDINANCE ACCEPTING THE CONVEYANCE OF THAT CERTAIN PARCEL OF PROPERTY KNOWN AS THE REILLY LAKE AREA OF THE FORMER FORT MCCLELLAN FROM THE MCCLELLAN DEVELOPMENT AUTHORITY AND ACCEPTANCE OF THE ASSOCIATED ENVIRONMENTAL COVENANT AND OTHER OBLIGATIONS THEREWITH
WHEREAS, the City Council proposes to acquire a parcel of land known as the Reilly Lake area formerly part of Fort McClellan from the McClellan Development Authority, said parcel to be conveyed to the City by Statutory Warranty Deed with necessary Exhibits A, B, and C, attached; and WHEREAS, said Deed and Exhibits include the conveyance and acceptance of an Environmental Covenant as governed by Act 464 of 2007 of the State of Alabama, filed on September 23, 2011 by the McClellan Development Authority; and WHEREAS, said Environmental Covenant carries with it certain environmental remediation provisions and other obligations concurrent with the conveyance of said parcel as delineated in the following documents: (1) a Memorandum of Agreement related to said parcel between the Department of the [US] Army and the Anniston-Calhoun County Fort McClellan Joint Powers Authority executed on December 12th, 2000. (2) a Quit Claim Deed to the conveyed parcel filed on September 26th, 2003 by the U.S. Army, (3) a Memorandum of Agreement related to said parcel between the Department of the [US] Army and the Alabama Department of Environmental Management executed on February 1st, 2008. (4) a Statutory Warranty Deed to the parcel filed by the Anniston-Calhoun County Joint Powers Authority on April 1st, 2010; and (5) a Modified Cleanup Agreement related to said parcel between the Alabama Department of Environmental Management and the McClellan Development Authority on June 24th, 2011, and WHEREAS, the obligations and requirements delineated in the above named documents expressly follow the property conveyances to the City of Anniston by its assent to the conveyance of the property and acceptance of the filed environmental covenant;
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Anniston, Alabama as follows: Section 1.
The City Council of Anniston, Alabama hereby accepts the Statutory Warranty Deed conveyed to it from the McClellan Development Authority for the premises known as the Reilly Lake area of the former Fort McClellan tract, said parcel more particularly described in Exhibit A attached to said deed.
Section 2.
The City Council of Anniston, Alabama hereby acknowledges that said parcel named in Section 1., above, is accepted along with those “restrictions, covenants, reservations, and other land use controls, exceptions, reservations, and encumbrances� delineated in Exhibit B, attached to said deed.
Section 3.
The City Council of Anniston, Alabama hereby acknowledges and accepts the conditions imposed on any owner of said parcel by the following documents and agreements: (1) a Memorandum of Agreement between the Department of the [US] Army and the AnnistonCalhoun County Joint Powers Authority (predecessor to the McClellan Development Authority) dated December 12th, 2000; (2) a Quit Claim Deed conveying said parcel to the Anniston-Calhoun County Joint Powers Authority from the [US] Army dated September 26th, 2003 and filed in book 3039, page 291 of the records of the Calhoun County Judge of Probate; (3) a Memorandum of Agreement related to said parcel dated February 1st, 2008 between the Alabama Department of Environmental Management and the United States Army [EPA ID No. AL4 210 020 562];
(4) a Statutory Warranty Deed conveying said parcel to the McClellan Development Authority from the Anniston-Calhoun County Joint Powers Authority and filed on April 1st, 2010 in Book 3125, page 275 of the records of the Calhoun County Judge of Probate; (5) a Modified Cleanup Agreement between the Alabama Department of Environmental Management and the McClellan Development Authority dated June 24th, 2011; and (6) Environmental Covenant Number FY-11-01.00 filed by the McClellan Development Authority on September 23rd, 2011 in book 3140, page 261 of the records of the Calhoun County Judge of Probate. Section 4.
The City Council of Anniston, Alabama hereby appropriates $ __TBD__________ during Fiscal Year 2011-2012 to the Engineering Division of the Department of Public Works for the purpose of meeting the environmental and public safety responsibilities inherent in the transfer of the parcel to city ownership as follows: (1) $ 200,000 to install 10,000 linear feet of chain-link fencing in order to restrict access to regulated landfill areas, areas known or found to be contaminated by hazardous chemicals, protected wildlife habitat, and/or archeological artifacts; (2) $ 57,412 to contract for professional services for the required monitoring and testing of groundwater and surface areas for the presence of contaminants known to exist on the parcel; (3) $ 34,000 to monitor and maintain soil capping and undergrowth control on the land fills as required; (4) $ 2,000 to install required signage; (5) $ 10,000 to maintain necessary security devices and/or patrols by public works employees or contractors; (6) $ TBD to meet the resulting insurance premium increase; and (7) $ 150,000 to establish a contingency fund for environmental remediation activities yet to be determined. (8) $ 4,000 Indian Village upkeep PASSED AND ADOPTED THIS _____ DAY OF _________________ 2011 CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA
Gene D. Robinson, Mayor
John D.R. Spain, Council Member
Herbert N. Palmore, Council Member
Benjamin L. Little, Council Member
M. David Dawson, Council Member ATTEST:
Alan B. Atkinson, City Clerk