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<br />~ <br /> <br />RESOLUTION NO. 84- 34 <br /> <br />STATE OF MINNESOTA <br />COUNTY OF RAMSEY <br />CITY OF NEW BRIGHTON <br /> <br />RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PRESENT NOTICE <br />OF CLAIMS <br /> <br />WHEREAS, the City's water system has been found to be <br />heavily contaminated by volatile organic chemicals; and <br /> <br />WHEREAS, the City has been directed by the Minnesota <br />Department of Health to discontinue use of its contaminated <br />wells and to provide non-contaminated water to its system <br />users; and <br /> <br />WHEREAS, the City responded to the contamination hazard <br />by constructing three new municipal water supply wells and <br />reconstructing two existing wells; all into a deeper, non- <br />contaminated aquifer; and <br /> <br />WHEREAS, the City has expended public funds to respond <br />to and remedy the contamination hazard in its water supply; <br />and <br /> <br />WHEREAS, contamination by volatile organic chemicals <br />continues to present water supply problems for the City; and <br /> <br />WHEREAS, before litigation may be commenced to recover <br />the amounts expended and damages for the well contamination <br />and to prevent the further contamination of the City's water <br />system, notice must be given to the parties deemed to be <br />responsible for the contamination; and <br /> <br />WHEREAS, investigation by the Minnesota Pollution <br />Control Agency and the United States Environmental Protection <br />Agency indicates that the Twin Cities Army Ammunition Plant <br />and a 40.172 acre site in the City known as "Butcher's Spur" <br />are two of the most likely sources of the contaminants found <br />in the City's water supply; and <br /> <br />WHEREAS, the City has concluded that the following <br />parties are, among others, responsible for the disposal, <br />leaking, and migration of hazardous substances, pollutants, <br />_contaminants, and chemical wastes into the groundwater that <br />serves as the City's water supply: the United States of <br />America, the United States Department of Defense, the <br />Honorable Caspar W. Weinberger, Secretary of Defense, the <br />United States Department of the Army, and the Honorable John <br />D. Marsh, Jr., Secretary of the Department of the Army, <br />