HomeMy WebLinkAbout2014-025-03/18/2014-AUTHORIZING THE RETENTION OF A CONSUTANT TO RECOMMEND APPROPRIATE STUDIES THAT WILL HELP THE CITY D RESOLUTION 2014-025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE RETENTION OF A CONSULTANT TO RECOMMEND
APPROPRIATE STUDIES THAT WILL HELP THE CITY DETERMINE THE IMPACTS
THAT HYDRAULIC FRACTURING AND THE STORAGE
OF ITS WASTE PRODUCTS MAY HAVE ON PROPERTY VALUES AND HUMAN
HEALTH IN THE CITY OF FORT COLLINS AND ON LANDS UNDER ITS
JURISDICTION
WHEREAS, on November 5 20131 the registered electors of the City approved, at a
special election of the City, a measure that imposed a five-year moratorium on hydraulic
fracturing and the storage of its wastes products in the City and on lands under the jurisdiction of
the City ("Ballot Measure 2A"); and .
WHEREAS, the purpose of the moratorium is to allow sufficient time for the City to fully
study the impacts that this process may have on human health and property values; and
WHEREAS, City staff has investigated the kinds of studies that may be suitable for the
City to conduct or utilize in carrying out the purposes of the moratorium, and has identified a
number of upcoming regional oil and gas studies that may yield pertinent data; and
WHEREAS, staff has recommended that, in view of the large number of such studies that
warrant consideration, it would be advisable for the City to retain an outside consultant with
expertise in this area to: (1) help evaluate relevant studies; (2) identify gaps in the data that will
result from the those studies in terms of their relevance to Fort Collins' local land use patterns,
hydrogeology, and existing and potential local oil and gas exploration and production methods;
and (3) recommend ways to fill those gaps; and
WHEREAS, sufficient funds have been appropriated and are available for this purpose;
and
WHEREAS, the City Attorney has recommended that, because Ballot Measure 2A is
currently the subject of litigation, and because the consultant's services and reports could
become relevant to such litigation, the consultant's services should be considered as "litigation
services" within the meaning of the City's procurement policies and Article V, Division 1 of
Chapter 8 of the City Code, and that the City Attorney and outside counsel for the City should
ultimately decide which consultant should be selected, after conferring with the City Manager,
affected members of City staff, and the citizen groups who have sought to intervene in the above
referenced litigation; and
WHEREAS, the City Council concurs with the foregoing recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Attorney is hereby authorized and directed to retain the
services of a qualified consultant to assist the City in identifying the kinds of studies that should
be undertaken or otherwise relied upon by the City in order to fully study the impacts that
hydraulic fracturing and the storage of its waste products may have on human health and
property values in the City and on lands under its jurisdiction.
Section 2. At such time as City staff has developed a recommendation as to which
studies the City should undertake, participate in or otherwise utilize in order to carry out its
responsibilities under Ballot Measure 2A, the City Manager and City Attorney are further
directed to present that recommendation to the City Council, together with staffs reasoning in
support of the recommendation and an estimate of the anticipated cost to the City and an
appropriate funding source for paying those costs.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of March, A.D. 2014;
�i,�1 9sCi Leo
Mafor
ATTEST: OiAL
City Clerk
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