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HomeMy WebLinkAbout04-23-09-2i - Resolution - 04/23/2009RESOLUTION NO. 04-23-09-2i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE PURCHASE OF 11.5 MITIGATION CREDITS IN THE XTO STEELE CREEK MITIGATION BANK, ROBERTSON COUNTY, TEXAS, TROUGH MITIGATION SOLUTIONS USA LLC, 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 the construction of the Twin Oaks Landfill Project, Phase I 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 buy 11.5 Mitigation Credits in the XTO 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 11.5 Mitigation Credits in the XTO Steele Creek Mitigation Bank in Robertson County, Texas, is the only reasonable alternative to off-site mitigation through the acquisition and conveyance of a conservation easement. PART 2: That the City Council hereby approves the purchase of 11.5 Mitigation Credits in the XTO Steele Creek Mitigation Bank in Robertson County, Texas, through Mitigation Solutions USA LLC as part of the Twin Oaks Landfill Project. PART 3: That the City Council authorizes the Mitigation Payment of $201,250.00 to Mitigation Solutions USA LLC for said 11.5 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 $201,250.00. PART 5: That this resolution shall take effect immediately from and after its passage. Resolution No. 04-23-09-2i ADOPTED this 23rd day of April ATTEST: APPROVED: • IE HOOKS, City Secretary APPR VED: City A orney , A.D. 2009. BE WHITE, Mayor LypN McrG hnN-ci- !Ylyr-f?no c�i^"