HomeMy WebLinkAbout098 - 09/18/2012 - APPROPRIATING ADDITIONAL PRIOR YEAR RESERVES IN THE WATER FUND FOR ADDITIONAL HIGH PARK FIRE REMEDIA ORDINANCE NO. 098, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING ADDITIONAL PRIOR YEAR RESERVES IN THE WATER
FUND FOR ADDITIONAL HIGH PARK FIRE REMEDIATION
WHEREAS, the High Park Fire, which began on June 9, 2012 and ended on July 11,
2012, has affected the Cache la Poudre watershed (the "Watershed"); and
WHEREAS, a formal assessment of the impacts of the High Park Fire has been prepared
by an interagency Burned Area Emergency Response ("BAER") team, consisting of the Natural
Resources Conservation Agency ("NRCS"), Latimer County (the "County"), the Colorado
Department of Transportation ("CDOT") and the U.S. Forest Service ("USFS"), and was issued
on July 17, 2012 (the "BAER Report"); and
WHEREAS, considering the severity of the impacts of the High Park Fire, and the
resulting potential for increased soil erosion and related cumulative effects from increased peak
runoff flows and sediment laden flows, and other related impacts, the BAER Report concluded
that the High Park Fire has resulted in emergency conditions for roads, recreation, water
diversion infrastructure, water quality degradation, flood hazard, debris flow hazard, and road
washout hazard, each of which pose a very high level of risk of major loss to human life, safety
and property; and
WHEREAS, in addition, the BAER Report identifies other related emergency conditions
created by the High Park Fire, such as the risk related to recovery of native vegetation, and
identifies a high level of risk to cultural and heritage resources; and
WHEREAS, recent rain events have demonstrated the negative effects of erosion in the
Watershed and on the Cache la Poudre River (the "Poudre River"), a key water source for the
City; and
WHEREAS, in view of the foregoing, there is an urgent need for the City and other
entities that will experience the impacts identified in the BAER Report to act quickly to mitigate
the conditions in the Watershed so as to reduce the potential for these emergency conditions and
related risk to human life, safety and property; and
WHEREAS, the Watershed is largely located on land not owned by the City;
consequently, it is necessary to work with federal and state agencies, the City of Greeley
("Greeley"), the Tri-Districts (Fort Collins-Loveland Water District, East Larimer County Water
District, and North Weld County Water District) (the "Districts"), and the County to develop an
erosion mitigation plan to effectively address the negative effects of rain, erosion and sediment
transport due to rain on the burn area; and
WHEREAS, on August 21, 2012, the City Council adopted Emergency Ordinance No.
088, 2012, which appropriated prior year reserves in the Water Fund to allow the City to move
forward with Greeley, the Districts and the County to meet the most immediate need by
addressing the highest priority area, Hill Gulch, which represents 1,152 acres of the 5,600 acres
requiring mitigation; and
WHEREAS, upon completion of the mitigation work in the Hill Gulch area, work in the
next highest priority areas in the Watershed will need to proceed as quickly as possible in order
to reduce the impacts to the Watershed to the extent reasonably possible; and
WHEREAS, the Watershed mitigation efforts will continue to be coordinated through the
NRCS, which administers a program called the Emergency Watershed Protection ("EWP")
program that is designed to prescribe and facilitate recovery measures that are environmentally
and financially sound; and
WHEREAS, the City has worked with local, state and federal agencies to secure possible
recovery funding; and
WHEREAS, on August 21, 2012, the City Council adopted Resolution 2012-079,
authorizing two intergovernmental agreements regarding Watershed mitigation in response to
the High Park Fire, including the commitment of the funds appropriated by this Ordinance for
the above-described immediate response activities; and
WHEREAS, City staff has worked to negotiate additional cost-sharing agreements for the
ongoing mitigation work in the Watershed; and
WHEREAS, there are not currently sufficient City funds appropriated and available to
fund ongoing Watershed mitigation efforts in the remaining weeks of the year during which
conditions are appropriate for the mitigation work; and
WHEREAS, funds are available from the Water Fund prior year reserves for the High
Park remediation in the Boyd Gulch area and other high-priority areas; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the Water Fund
the sum of TWO MILLION DOLLARS ($2,000,000) for High Park Fire remediation activities
as described herein.
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Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
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Passed and adopted on final reading on the 18th day
'offS/September A.D. 2012.
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