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Home My WebLink About2021-103-11/16/2021-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE RESOLUTION 2021-103 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO RELATED TO RESTRICTIVE NOTICE REPORTING REQUIREMENTS WHEREAS, the Board of County Commissioners of Larimer County, Colorado ("Larimer County")and the City of Fort Collins ("Fort Collins)are party to an Intergovernmental Agreement dated December 29, 2020 (the "Remediation IGA"), that establishes a framework for addressing corrective measures at the Larimer County Landfill (the "Landfill") in compliance with requirements of the Colorado Department of Public Health and Environment (the "Department"), including sharing of Remediation Costs as defined therein; and WHEREAS, Fort Collins is the fee owner of certain parcels of real property located in Larimer County,Colorado in the vicinity of or adjacent to the Landfill (the"Fort Collins Parcels"); and WHEREAS, pursuant to the Solid Waste Disposal Sites and Facilities Act (the "Act") and consistent with the Remediation IGA, Larimer County and the Department have entered into Compliance Order on Consent (Number 21-10-07-01); and WHEREAS, Paragraph 52 of the Compliance Order on Consent states that the higher groundwater protection values in 6 CCR 1002-41 ("Regulation No. 41- The Basic Standards for Ground Water")for vinyl chloride(VC)(2 micrograms per liter)and cis-1,2, DCE(70 micrograms per liter) will apply to groundwater at the Landfill's point of compliance if institutional controls necessary to protect human health and the environment are established on the certain impacted property adjacent to the Landfill, including the Fort Collins Parcels, other parcels of land owned jointly by Fort Collins and Larimer County, and other parcels owned solely by Larimer County; and WHEREAS, Larimer County therefore has requested that Fort Collins approve a Notice of Environmental Use Restrictions, also referred to as a Restrictive Notice, as provided in Article 15 of Title 25,Colorado Revised Statutes and Fort Collins has agreed to execute an Restrictive Notice on the Fort Collins Parcels imposing such institutional controls; and WHEREAS, a provision of the Restrictive Notice requires Fort Colins to annually certify to the Department compliance and any non-compliance with the terms of the Restrictive Notice; and WHEREAS, the Restrictive Notice is being approved by Fort Collins at the County's request and it is anticipated that the County will need to perform remediation activities on the Fort Collins Parcels in connection with corrective measures approved by the Department and consistent with the Remediation IGA; and WHEREAS, in light of the foregoing, Fort Collins and Larimer County wish to enter into an intergovernmental agreement setting forth their respective obligations related to the annual -I- certification and reporting requirements under the Restrictive Notice for the Fort Collins Parcels substantially in the form attached hereto as Exhibit "A" and incorporated herein by this reference (the "Restrictive Notice IGA"); and WHEREAS, Article II, Section 16 of the City of Fort Collins Charter empowers the City Council, by ordinance and resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Colorado Revised Statutes Section 29-1-203 and Article XIV, Section 18 of the Colorado Constitution provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, under Section 1-22 of the City Code,intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, the City Council has determined that the Restrictive Notice IGA is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Mayor is hereby authorized to execute the Restrictive Notice IGA substantially in the form attached hereto as Exhibit "A," with such modifications and additions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of November, A.D. 2021. r ATTEST: o�*°RTlttt� C0 Interim City Clerk " SEAL ••C�RO[:P�� -2- EXHIBIT A INTERGOVERNMENTAL AGREEMENT RELATED TO RESTRICTIVE NOTICE REPORTING REQUIREMENTS This Intergovernmental Agreement ("IGA") is made by and among the Board of County Commissioners of Larimer County, Colorado("County") and the City of Fort Collins, Colorado ("Fort Collins"), effective on the date on which both Parties have signed the IGA as reflected below. WHEREAS, the County and Fort Collins are party to an IGA dated December 29, 2020, that establishes a framework for addressing corrective measures at the Larimer County Landfill (Landfill) in compliance with requirements of the Colorado Department of Public Health and Environment(CDPHE); and WHEREAS, Fort Collins is the owner of certain parcels of real property located in Larimer County, Colorado identified on Exhibit A attached hereto and incorporated herein by reference (Parcels) in the vicinity of the Landfill; and WHEREAS, pursuant to the Solid Waste Disposal Sites and Facilities Act and consistent with the IGA, the County and CDPHE have negotiated a Compliance Order on Consent(Number 21-10-07-01); and WHEREAS, Paragraph 52 of the Compliance Order on Consent states that the higher groundwater protection values in 5 CCR 1002-41 ("Regulation No. 41- The Basic Standards for Ground Water") for vinyl chloride (VC) (2 micrograms per liter) and cis-1,2, DCE (70 micrograms per liter) will apply to groundwater at the Landfill's point of compliance if institutional controls necessary to protect human health and the environment are established on the certain impacted property adjacent to the Landfill, including the Parcels owned solely by Fort Collins, other parcels of land owned jointly by Fort Collins and the County, and other parcels owned solely by the County; and WHEREAS,the County therefore has requested that Fort Collins approve a Restrictive Notice(RN)as provided in Article 15 of Title 25, Colorado Revised Statutes and Fort Collins, as owner of the Parcels, has agreed to a RN on the Parcels imposing such institutional controls; and WHEREAS, a provision of the RN requires Fort Colins to annually certify to CDPHE compliance and any non-compliance with the terms of the RN; and WHEREAS, the RN is being approved by Fort Collins at the County's request and it is anticipated that the County will need to perform remediation activities on the Parcels in connection with corrective measures approved by CDPHE, and the Parties intend this IGA to set for the County and Fort Collins understanding as to their respective undertakings in connection with the annual certification obligations under the RN. EXHIBIT A NOW, THEREFORE, the County and Fort Collins agree as follows: 1. For any activities by the County on the Parcels, the County shall be responsible for ensuring they are compliant with the terms of RN and shall be responsible any obligations and/or remediation resulting from the County's noncompliance. 2. To enable Fort Collins to provide an annual certification of compliance and non- compliance required by the terms of the RN, each year the County shall certify to Fort Collins in writing that any activities of the County on the Parcels were compliant with the terms of the RN. 3. The County agrees to pay any applicable annual inspection fees or other fees associated with the RN that are imposed on Fort Collins by CDPHE. The City of Fort Collins has caused this instrument to be executed this day of , 2021. THE CITY OF FORT COLLINS a Colorado home-rule municipality By: Jeni Arndt, Mayor ATTEST: Tami Pusheck, Interim City Clerk THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY By:_ John Kefalas, Chair Date ATTEST: Deputy Clerk