HomeMy WebLinkAbout091 - 07/18/2006 - APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND WILLOW STREET ENVIRONMENTAL REMEDI ORDINANCE NO. 091, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
CAPITAL PROJECTS FUND WILLOW STREET ENVIRONMENTAL
REMEDIATION PROJECT AND NORTHSIDE AZTLAN COMMUNITY
CENTER REPLACEMENT PROJECT TO BE USED FOR ENVIRONMENTAL
SITE MITIGATION IN THE VICINITY OF WILLOW STREET
WHEREAS, subsurface contamination has been identified, originating from the site of a
former manufactured gas plant (Poudre Valley Gas), that once operated on property south of
Willow Street and now owned by Schrader Oil Company; and
WHEREAS, the aforementioned contamination passes across and under City-owned
property, including the Northside Aztlan Community Center site, and in the general vicinity of
Willow Street, and enters the Poudre River; and
WHEREAS, the Environmental Protection Agency (the "EPA"), Region VIII, has
negotiated with Xcel Energy's subsidiary, Public Service Company of Colorado ("PSCo"), to
plan and design environmental cleanup activities to remove contaminated sediment and bedrock
and to operate on the site into the future ; and
WHEREAS, the EPA together with PSCo, Schrader Oil Company and the City of Fort
Collins entered into an Administrative Order on Consent (an "AOC") in November, 2004, with
the intent to allocate responsibility for cleanup costs and outline the parties' future
responsibilities and commitments related to the environmental condition of the river, the City's
Northside Aztlan Community Center, and the general area; and
WHEREAS, in accordance with the terms of the AOC, PSCo paid the City the sum of
$200,000, which is a negotiated amount intended to offset some of the City's costs to take
reasonable steps required in the AOC to manage and mitigate environmental conditions across
and under Willow Street and the Northside Aztlan Community Center property; and
WHEREAS, additionally, the terms of the AOC require Schrader Oil Company to pay
the City the sum of $1 per square foot of the building footprint for the Northside Aztlan
Community Center replacement building, up to a maximum of $50,000, for design and
construction of a passive vapor barrier/venting system for the new Northside Aztlan Community
Center ; and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins permits the
City Council to make supplemental appropriations by ordinance at any time during the fiscal
year, provided that the total amount of such supplemental appropriations, in combination with all
previous appropriations for that fiscal year, does not exceed the current estimate of actual and
anticipated revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the payments from PSCo
($200,000) and Schrader Oil Company ($50,000), as described herein, will not cause the total
amount appropriated in the Capital Projects Fund Willow Street Environmental Remediation
Project and the Northside Aztlan Community Center Replacement Project to exceed the current
estimate of actual and anticipated revenues to be received during the fiscal year; and
WHEREAS, it is the desire of the Council to appropriate the sum of$200,000, paid to the
City by PSCo, in the Capital Project Fund Willow Street Environmental Remediation Project to
be used for environmental site mitigation in the vicinity of Willow Street, and the sum of
$50,000, to be paid to the City by Schrader Oil Company, in the Capital Projects Fund Northside
Aztlan Community Center Replacement Project to be used for design and construction of a
passive vapor barrier/venting system for the replacement Northside Aztlan Community Center.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from unanticipated revenue
in the Capital Projects Fund Willow Street Environmental Remediation Project, the sum of TWO
HUNDRED THOUSAND DOLLARS ($200,000) to be used for environmental site mitigation in
the vicinity of Willow Street.
Section 2. That there is hereby appropriated for expenditure from unanticipated revenue
in the Capital Projects Fund Northside Aztlan Community Center Replacement Project, the sum
of FIFTY THOUSAND DOLLARS ($50,000) to be used for design and construction of a
passive vapor barrier/venting system for the replacement Northside Aztlan Community Center.
Introduced and considered favorably on first4reag and ordered published this 6thday
of June, A.D. 2006, and to be presented for final pasthe 1 h da ofJy .D. 006May '
ATTI ST:
41 , .�J�i
City Clerk
Passed and adopted on final reading thi*18ay July .D. 6.
City Clerk