HomeMy WebLinkAbout088 - 08/21/2012 - APPROPRIATING PRIOR YEAR RESERVES IN THE WATER FUND FOR THE HIGH PARK FIRE REMEDIATION (EMERGENCY OR EMERGENCY ORDINANCE NO. 088, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE WATER
FUND FOR THE 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 Latimer 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, there is an immediate need to address the highest priority area, Hill Gulch,
which represents 1,152 acres of the 5,600 acres requiring mitigation; and
WHEREAS, this effort will 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 this date the City Council has 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, at this time, no substantial available state or federal funding has been
identified for post fire recovery efforts specific to water supplies; and
WHEREAS, there are not currently sufficient City funds appropriated and available to
meet the obligations under the intergovernmental agreements approved in Resolution 2012-079,
and an appropriation of the necessary funds under the regular appropriation process would delay
City-funded mitigation efforts by over three weeks; and
WHEREAS, funds are available from the Water Fund prior year reserves for the High
Park remediation, specifically the Hill Gulch area; 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
WHEREAS, Article II, Section 6, of the Charter of the City authorizes the City Council
to adopt emergency ordinances, which shall be finally passed on first reading by the affirmative
vote of at least five members of the City Council and which shall contain a specific statement of
the nature of the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section I. That there is hereby appropriated from prior year reserves in the Water
Fund the sum of SIX HUNDRED TWENTY SIX THOUSAND FIFTEEN DOLLARS
($626,015) for High Park Fire remediation activities as described herein.
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Introduced, considered favorably by five (5) members of the Council.of the City of Fort
Collins and finally passed on an emergency ordinance and ordered published on the 21st day of
August, A.D. 2012.
19//01
Mayor Pr
ATTEST: �OFt..C.....
City Clerk
CC
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