HomeMy WebLinkAbout2005-058-06/07/2005-AUTHORIZING THE CITY MANAGER TO GRANT REVOCABLE PERMITS TO SCHRADER OIL COMPANY AND THE U.S. ENVIRON RESOLUTION 2005-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO GRANT
REVOCABLE PERMITS TO SCHRADER OIL COMPANY AND
THE U.S. ENVIRONMENTAL PROTECTION AGENCY
ON THE AZTLAN CENTER PROPERTY FOR ENVIRONMENTAL
SAMPLING AND RELATED ACTIVITIES
WHEREAS,the City of Fort Collins(the"City")is the owner of the Northside Aztlan Center
property,including the property on which the United Way Building is situated(collectively referred
to as the"Aztlan Property"); and
WHEREAS, the City has previously authorized various environmental investigation and
remediation activities by the U.S. Environmental Protection Agency ("EPA") and Public Service
Company of Colorado,doing business as Xcel Energy,and has entered into an Administrative Order
on Consent ("AOC") and Restrictive Covenant related to the Aztlan Property and related
remediation actions, pursuant to the Council's authorization in Ordinance No. 163, 2004; and
WHEREAS,Schrader Oil Company is also a signatory to the AOC and through its affiliated
persons and entities owns and operates the property to the south of the Aztlan Property; and
WHEREAS, Schrader Oil Company has requested permission from the City to access the
Aztlan Property in order to take samples from certain existing groundwater wells, under EPA's
authority in connection with the remediation activities called for in the AOC; and
WHEREAS, in order to facilitate the completion of said sampling, and to cooperate with
EPA and Schrader Oil Company while protecting the interests of the City to the extent appropriate,
the City Manager has requested that the City Council authorize the City Manager to negotiate and
enter into license agreements with Schrader Oil Company and EPA by which the City will grant the
required access; and
WHEREAS,Article XI, Section 10,of the Charter of the City of Fort Collins authorizes the
Council to permit the use or occupation of any street, alley, or public place, provided that such
permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is
expressly reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorized to execute such documents as are necessary
to grant such revocable permits to Schrader Oil Company and to EPA as may be consistent with the
terms and intended purpose of this Resolution, together with such additional terms and conditions
as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to
protect the interests of the City or effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the City Council of the City of Fort Collins
commenced on the 7th day of June A.D. 2005.
Ma
ATTEST:
City Clerk