(A) Hiring a consultant. Upon receipt of a completed application for a highway authority agreement, administrative fee and executed preliminary agreement described in the proceeding section, the Superintendent shall hire a consultant for the purpose of evaluating and making recommendations regarding said application, and the necessity of entering into a supplemental agreement.
(B) (1) Consultant's responsibilities. The Superintendent shall direct the consultant to provide a written report to the Superintendent regarding the risks posed to persons or the environment by the contamination of the property and the surrounding right-of-way. The report shall at a minimum contain the following:
(a) An assessment regarding the extent and nature of the risk of harm to persons or the environment, posed by the release of contaminants on the property;
(b) An assessment regarding whether there is any significant risk to persons or the environment if the proposed highway authority agreement, or an agreement substantially similar to the same, is executed and properly implemented by the owner/operator and the city; and
(c) An outline of items to be included in a supplemental agreement;
(2) If the consultant determines, after receipt of the application and documents accompanying the same, that additional information is needed from the owner/operator, the consultant shall specify in writing to the Superintendent, what additional information is needed from the owner/operator, and the Superintendent shall forward said request to the owner/operator.
(C) After having received and reviewed a written report from the consultant containing the information described in division (B) of this section, and based on information contained in the report and any other pertinent information available to the Superintendent, the Superintendent shall determine whether it is in the best interest of the public that the proposed highway authority agreement be executed by the city. Based on that determination, the Superintendent shall recommend in writing that the Mayor either execute or decline to execute the proposed highway authority agreement.
(D) After having received and reviewed the Superintendent's recommendation, the Mayor shall return an executed agreement to the owner/operator, or shall submit a letter to the owner/operator explaining why the city has determined that it is not in the best interest of the public to execute the agreement. No action by the City Council shall be required to authorize the Mayor to execute the agreement.
(Ord. 10-33, passed 10-11-10)