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HomeMy WebLinkAbout11-23-09-2h - Resolution - 11/23/2009RESOLUTION NO. 11- 23 -09 -2h A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING THE PAYMENT OF A DEPOSIT ON 43 MITIGATION CREDITS IN THE STEELE CREEK MITIGATION BANK, ROBERTSON COUNTY, TEXAS, THROUGH OXBOW INVESTMENTS INC, AS REQUIRED PURSUANT TO THE MITIGATION PLAN FOR UNITED STATES ARMY CORPS OF ENGINEERS APPLICATION NO. 200100239 FOR THE TWIN OAKS LANDFILL PROJECT IN GRIMES COUNTY, TEXAS. WHEREAS, in October, 2005, the City Council approved an engineering contract with HDR Engineering, Inc. for the final design of the Twin Oaks Landfill Project, and in October 2008, approved a construction contract with C. Watts and Sons Construction Co., Inc. for future phases of construction at the Twin Oaks Landfill Project, in western Grimes County, Texas; and WHEREAS, at the time construction was to proceed, a United States Army Corps of Engineers Section 404 Permit No. 200100239 was required including an approved mitigation plan requiring the acquisition and conveyance of a conservation easement; and WHEREAS, the United States Army Corps of Engineers has approved and accepted the City's submitted revised mitigation plan to purchase the remaining 43 Mitigation Credits in the Steele Creek Mitigation Bank in Robertson County, Texas, in lieu of off -site mitigation through the acquisition and conveyance of a conservation easement; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that the purchase of the remaining 43 Mitigation Credits in the Steele Creek Mitigation Bank in Robertson County, Texas, is a reasonable alternative to off -site mitigation through the acquisition and conveyance of a conservation easement. PART 2: That the City Council hereby approves the payment of a deposit for 43 Mitigation Credits in the Steele Creek Mitigation Bank in Robertson County, Texas, through OXBOW Investments, Inc. as part of the Twin Oaks Landfill Project, PART 3: That the City Council authorizes the Mitigation Deposit Payment of $132,225.00 to OXBOW Investments, Inc for said 43 Mitigation Credits. PART 4: That the funding for the Mitigation Payment shall be budgeted from the Brazos Valley Solid Waste Management Agency Capital Improvement Projects Fund in the amount of $132,225.00. Resolution No. 11- 23 -09 -2h PART 5: That this resolution shall take effect immediately from and after its passage. ADOPTED this 231rd day of November A.D. 2009. ATTEST: APPROVED: City Se e Mayor APPROVED: a City Attomey