|
Total Homes to be Mitigated |
- Estimated 9,561
homes eligible using block intersect method
|
|
Mitigation for Single Family
Homes in 2007 DNL 63 and 64 Contours
|
- MAC will install
Five Decibel Reduction Package
- Program includes
homes that opted out of the original Sound Insulation Program, but had
a new owner by September 1, 2007
- Construction will
begin by November 1, 2008, and all homes shall be completed by
December 31, 2009; MAC must finish 250 homes by July 1, 2009, and 320
homes by September 1, 2009
|
|
Mitigation for Single Family
Homes in 2007 DNL 60, 61 and 62 Contours |
- MAC will install one
of the following options, as chosen by the homeowner:
- If the home has no
central air conditioning: installation of central air conditioning
and $4,000 mitigation from Mitigation Menu
- If central air
conditioning exists or homeowner without central air conditioning
chooses not to receive central air: installation of $14,000 of
mitigation from Mitigation Menu
- The Mitigation Menu
shall include a similar range of mitigation products as the
Five-Decibel Reduction Package, but will not include air conditioning
- Program includes
homes that opted out of the original Sound Insulation Program, but had
a new owner by September 1, 2007
- Construction will
begin by December 1, 2008, and be complete by December 1, 2012
|
|
Mitigation for Multi-Family
Homes in 2007 DNL 60-64 Contours |
- MAC will install
through-the-wall air conditioning and acoustic air conditioner cover
for each unit
- Construction will
begin by December 1, 2008, and be complete by December 1, 2010
|
|
Reimbursement for New
Mitigation for Single Family Homes Between 2007 and 2005 DNL 60 contours |
- MAC will make $7
million available for (1) homes that opted out of 1996 program and had
new owners on September 1, 2007, and (2) reimbursement for new noise
mitigation undertaken by homeowners
- The amount of
mitigation reimbursement will be capped based on how much of the $7
million remains after mitigating the opt-in homes. Preliminary
estimates of the reimbursement funds are about $3,000 per home, but
will be calculated at the end of 2009.
- Work done between
the Court’s entry of the settlement and July 31, 2014, is eligible for
reimbursement – prior work is not eligible
- All work must be for
products and services on a MAC-published Noise Mitigation
Reimbursement List
- All work must be
done by licensed contractor
- Reimbursement to
start on March 1, 2010, and be complete by September 1, 2014
|
|
Inflation Protection |
- Inflation protection
based on 2007 dollars for all programs
|
|
Attorneys Fees |
- MAC will pay
Plaintiffs $2.25 million for attorneys’ fees and costs
- MAC will pay $2
million for attorneys’ fees and costs as part of the proposed
Wiencke settlement
|
|
Reimbursement to MAC |
- Owners of single
family homes who sell their homes within two years of receiving relief
under this settlement shall reimburse MAC for 25% of the cost of
providing relief to their home, to a maximum of $3,500. The following
categories of owners shall be exempt from this reimbursement
requirement:
- Owners who
purchased their homes prior to September 1, 2007.
- Owners who used
their homes as their primary residence.
- Owners conveying
their interests in their homes due to death, divorce, loss of job,
job relocation, medical conditions, transfer to family member,
birth, or adoption
- Owners whose sale
price for their home was lower than the price for which they
purchased their homes.
|
|
Conditions that Must Be Met
for Decree to Become Effective |
- Court must enter
consent decree
- Court must approve
settlement in Wiencke class action case within 90 days of court
approval of decree
- FAA must approve
consent decree by November 30, 2007
- Consent decree would
be null and void if these conditions are not met
|
|
Relationship to FAA |
- MAC agrees that the
elements of the settlement are an appropriate use of airport revenue
and consistent with its other obligations to FAA
- MAC will use its
best efforts to defend against any claims to the contrary, including
taking all appeals. MAC agrees to support City intervention in any
challenge.
- If any court, after
all appeals, finds that MAC cannot use any revenue on this program,
Consent Decree becomes null and void
|
|
Jurisdiction of the Court and
Dispute Resolution |
- Court retains
jurisdiction to enforce Decree and consider disputes that are not
designated for arbitration
- Disputes regarding
schedule, DNL 63-64 program, reimbursement program and individual
homes go to arbitration
- All disputes must
first go to three-member Technical Advisory Committee
|
|
Obligations to Propose Zoning
Ordinances |
- By September 1,
2008, each City staff will propose to each City Council a draft
ordinance requiring (1) attenuation and air conditioning or
ventilation for new homes in the DNL 63-64 and higher contours; (2)
noise attenuation for additions to homes in the DNL 63-64; and (3) air
conditioning or ventilation for new homes in the DNL 60-62
- Cities will
encourage persons renovating or remodeling to insulate to high level
|
|
Releases of Liability |
- Cities agree to
release liability for current or past claims for liability based on
noise, unless MAC builds a new runway or noise increases by 2 decibels
- MAC may require
homeowners to sign releases comparable to the ones it required them to
sign in 1996 noise mitigation program
|
|
Estimated Value of Relief in
2007 Dollars |
|
