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~ -=. ~ .., ,. ~ RESOLUTION NO. 84-88 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION AUTHORIZING THE CITY ATTORNEY TO COMMENCE LITIGATION TO RECOVER FUNDS EXPENDED TO RESPOND TO AND REMEDY THE CONTAMINATION OF THE CITY'S WELLS WHEREAS, the City's water system has been found to be heavily contaminated by volatile organic chemicals; and WHEREAS, the City has been directed by the Minnesota Depart- ment of Health to discontinue use of its contaminated wells and to provide non-contaminated water to its system's users; and WHEREAS, the City responded to the contamination hazard by constructing three new municipal water supply wells and recon- structing two existing wells, all into a deeper, non-contaminated acquifer; and WHEREAS, the City has expended public funds to respond to and remedy the contamination hazard in its water supply, and expects to continue to incur additional expenses and costs in connection therewith: and \'JHEREAS, investigation by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency indicates that the Twin Cities Army Ammunition Plant and a 40.172 acre, irregularly shaped site ("Butcher's Spur") lying between the railroad siding called the Butcher' s Spur, the mainline of the Minnesota Transfer Railway and Old Highway 8 in the City are the most likely sources of the contaminants found in the City's water supply: and WHEREAS, the City has concluded that it is probable that the following parties are, among others, responsible fOr the dis- posal, leaking, and migration of hazardous substances, pollu- tants, contaminants, and chemical wastes into the groundwater that serves as the City's water supply: the United States of America, the United States Department of Defense, the Honorable Caspar W. weinberger, Secretary of Defense, the United States Department of the Army, the Honorable John D. Marsh, Jr., Secre- tary of the Department of the Army, Federal Cartridge Corpo- ration, Honeywell, Inc. , Donovan Construction Company of Minnesota, Minnesota Mining and Manufacturing Co., Inc., Walburn, Ltd., The Minnesota Transfer Railway Company, Norton Ervin Erickson, Sylvester Bendel, Hyrne Friedman and Neil E. Armstrong; and WHEREAS, the City is authorized to provide for the pro- tection of public and private property wi thin the City and to promote the health, safety, order, convenience, and the general welfare of its citizens; and