HomeMy WebLinkAboutRes 2010-22 Supporing DJ Venture MSD ApplicationCity of West University Place
Harris County, Texas
RESOLUTION NO. 2010-22
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS IN
SUPPORT OF THE APPLICATION OF D/J VENTURE TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) FOR A
MUNICIPAL SETTING DESIGNATION (MSD) FOR PROPERTY LOCATED
AT 3131 ARGONNE STREET AND A PORTION OF BRANARD STREET
IN HOUSTON, TEXAS.
WHEREAS, Chapter 361 of the Texas Health and Safety Code (the Texas Solid
Waste Disposal Act, Subchapter W) authorizes the Texas Commission on Environmental
Quality ("TCEQ") to certify Municipal Setting Designations for properties upon receipt and
approval of a properly submitted application to the TCEQ; and,
WHEREAS, as part of its application to the TCEQ for a Municipal Setting
Designation, D/J Venture ("Applicant") is required to provide documentation that the
application is supported by the City Council of each municipality that owns or operates a
groundwater supply well located not more than five miles from the proposed designated
area; and,
WHEREAS, Applicant filed an application with the City of Houston, Texas for the
issuance of a Municipal Setting Designation ordinance for the property located at 3131
Argonne Street, and a portion of Branard Street in Houston, Texas, as more fully described
in Exhibit "A" (the "Site"); and,
WHEREAS, on December 16, 2009 the City Council of the City of Houston, Texas
approved and adopted Ordinance No. 2009-1322 (the "Houston Ordinance," copy attached
as Exhibit "B") which, among other things, prohibits the potable use of groundwater beneath
the Site to a depth of 200 feet; and,
WHEREAS, with the adoption of the Houston Ordinance, the Applicant now desires
and intends to submit to the TCEQ an application for certification of a Municipal Setting
Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361,
Subchapter W; and,
WHEREAS, the City of West University Place owns or operates one or more
groundwater supply within 5-miles of the Site; and,
WHEREAS, the designated groundwater identified in the Applicant's City of Houston
Municipal Setting Designation Application is shallow, perched groundwater beneath the Site
to a depth of 200 feet below ground surface, while the City of West University Place water
wells collect water from the Chicot and Evangeline aquifers at depths approximately 1,000
or more feet below ground surface; and,
WHEREAS, the Site is approximately 0.69-miles south of the wells owned by the
City of West University Place and the designated groundwater identified in the Applicant's
City of Houston Municipal Setting Designation Application generally has a flat gradient with
seasonal flows to the east and west, cross gradient from the wells owned by the City of
West University Place.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS THAT:
1 The City of West University Place supports Applicant's application to the
TCEQ for certification of a Municipal Setting Designation for the Site
described in Exhibit "A."
2 This Resolution shall take effect upon its adoption.
e`` SS PPROVED AND ADOPTED this the day of December, 2010.
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a Signed:
City Sec ry Mayor
Recommended:
City Mlnager
Approved as to legal form:C
City Attorney
EXHIBIT A
Survey of 0.6885 acre (29,991.5 square feet) tract of land situated in the A.C. Reynolds Survey,
Abstract No. 61, Harris County, Texas, being all of Lots 5, 6, 7, and 8, Block "B", Dozier
Additions, according to the map thereof recorded in Volume 302, Page 30 of the Deed Records
of Harris County, Texas, and 8,456 square feet out of Block 35, of Dickey's West Park Addition,
in Houston, Harris County, Texas, said .06886 acre tract of land being more particularly
described by metes and bounds as follows:
BEGINNING at a found 5/8 inch iron rod marking the North right-of-way line of Branard Street
(50 feet wide) with the East right-of-way line of Argonne Avenue (50 feet wide), said point being
the Southwest corner of said Lot 7, Block "B", Dozier Addition and the herein described tract;
THENCE North, along the East right-of-way line of said Argonne Avenue at 191.00 feet passing
the Northwest corner of said Block "B", Dozier Addition and the Southwest corner said Block 35,
of Dickey's West Park Addition, and continuing North, in all a distance of 266.00 feet to a 1 inch
iron pipe found for the Northwest corner of the herein described tract:
THENCE South 89°54'15" East, a distance of 112.75 feet to a 5/8 inch iron rod found for the
Northeast corner of herein described tract;
THENCE South, at 75.00 feet passing the Northeast corner of Lot 5, Block "B" of said Dozier
Addition, and continuing South along the East line of said Lots 5 and 8, in all a distance 266.00
feet to a 5/8 inch iron rod, being on the North right-of-way line of said Branard Street, said point
being the Southwest corner of Lot 9 and the Southeast corner of Lot 8, Block "B", Dozier
Addition and herein described tract;
THENCE North 89°54'15" West, along the North right-of-way line of said Branard Street, a
distance of 112.75 feet to the POINT OF BEGINNING and containing 0.6885 acre (29,991.5
square feet) of land.
EXHIBIT B
City of Houston, Texas, Ordinance No. 2009- I3A-~
A MUNICIPAL SETTING DESIGNATION ORDINANCE PROHIBITING THE
USE OF DESIGNATED GROUNDWATER BENEATH A 0.6885 TRACT OF
LAND COMMONLY KNOWN AS 3131 ARGONNE AVENUE, AND A PORTION
OF BRANARD STREET, HOUSTON, HARRIS COUNTY, TEXAS; AND
SUPPORTING ISSUANCE OF A MUNICIPAL SETTING DESIGNATION BY
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, Subchapter W, "Municipal Setting Designations," of Chapter
361, "Solid Waste Disposal Act," of the Texas Health and Safety Code authorizes
the Texas Commission on Environmental Quality ("TCEQ") to create municipal
setting designations; and
WHEREAS, on August 22, 2007, by Ordinance No. 2007-959, the City
Council adopted Article XIII, of Chapter 47, Code of Ordinances, Houston, Texas,
to provide a process for establishing municipal setting designation ordinances;
and
WHEREAS, Sections 47-765(f) and 47-767(a) of the Code of Ordinances,
Houston, Texas, authorize municipal setting designation ordinances that prohibit
the use of designated groundwater as potable water and thereby enable the
TCEQ to certify a municipal setting designation for designated property; and
WHEREAS, on February 28, 2008, D/J Venture applied to the Director of the
Public Works and Engineering Department, requesting that the City Council support
a municipal setting designation ordinance for 3131 Argonne Street Site located in
Houston,
WHEREAS, on April 7, 2009, the Director of the Public Works and
Engineering Department conducted a public meeting as required by section 47-
764, and notified the community when the City Council public hearing would occur;
and
WHEREAS, City Council conducted a public hearing on April 7,2009; and
WHEREAS, the City Council finds that:
(1) the application meets the eligibility criteria of Section 361.803 of the
Texas Health and Safety Code;
(2) the municipal setting designation will not have an adverse effect on
the current or future water resource needs or obligations of the City of Houston;
(3) there is a public drinking water supply system that satisfies the
requirements of Chapter 341 of the Texas Health and Safety Code and that
supplies or is capable of supplying drinking water to the designated property and
property within one-half mile of the designated property; and
(4) this Municipal Setting Designation Ordinance is necessary because the
concentration of contaminants of concern exceeds human ingestion protective
concentration levels, and the establishment of a municipal setting designation will
allow the property to be brought back into productive use, and
WHEREAS, City Council finds that the Director of the Public Works and
Engineering Department on behalf of City Council, in accordance with the Charter
of the City of Houston, state law, and the ordinances of the City of Houston, has
given the required notices, City Council has held the required public hearing
regarding this Municipal Setting Designation Ordinance and all procedural
requirements have been satisfied; NOW THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUSTON:
Section 1. That for purposes of this Municipal Setting Designation
Ordinance, the "designated property' means the one tract described in Exhibit A,
attached to this Ordinance and incorporated by reference herein.
Section 2. That for purposes of this Municipal Setting Designation
Ordinance, "designated groundwater' means groundwater beneath the designated
property to a depth not to exceed 200 feet that is prohibited from use as potable
water by this Ordinance.
Section 3. That use of the designated groundwater from beneath the
designated property as potable water, as that term is defined in section 47-761 of
the Code of Ordinances, Houston, Texas, is prohibited.
Section 4. That the use of the designated groundwater from beneath public
rights-of-way immediately adjacent to the designated property as potable water, as
that term is defined in section 47-761 of the Code of Ordinances, Houston, Texas,
is prohibited,
Section S. That the designated property must receive a certificate of
completion or other analogous documentation issued by the TCEQ or the United
States Environmental Protection Agency ("EPA") showing that any site
investigations and response actions required pursuant to Section 361.808 of the
Texas Health and Safety Code have been completed to the satisfaction of the
TCEQ or EPA within the time period required by them.
Section 6. That the City Council supports the application to the TCEQ for a
3
municipal setting designation on the designated property, with the following
comment:
(1) The TCEQ and the EPA, as agencies charged to protect human
health and the environment, are requested to thoroughly review the conditions on
the designated property and issue a certificate of completion only when all
contaminants of concern, through the applicable routes of exposure, have been
addressed.
Section 7. That any person owning, operating, or controlling the designated
property remains responsible for complying with all applicable federal and state
laws and regulations and all ordinances, rules, and regulations of the City of
Houston. The City Council's approval of a municipal setting designation
ordinance in itself does not change any environmental assessment or cleanup
requirements applicable to the designated property.
Section 8. That approval of this Municipal Setting Designation Ordinance
shall not be construed to subject the City of Houston to any responsibility or liability
for any injury to persons or damages to property caused by any contaminant of
concern.
Section 9. That within 30 days after adoption of this Municipal Setting
Designation Ordinance, the Applicant shall provide the Director of the Public
Works and Engineering Department with an electronic file showing the location of
the designated property and the designated groundwater in a format compatible
with the City's geographic information system and its integrated land management
system, and shall provide an electronic file showing the location of the designated
4
property and the designated groundwater to the Harris County Appraisal District in
a format compatible with its system.
Section 10. That within 30 days after adoption of this Municipal Setting
Designation Ordinance, the Director of the Public Works and Engineering
Department shall send a certified copy of this ordinance to the Applicant, TCEQ
and EPA.
Section 11. That the Applicant shall provide the Director of the Public Works
and Engineering Department with a copy of the municipal setting designation
certificate issued by the TCEQ pursuant to section 361.807 of the Texas Health
and Safety Code within 30 days after issuance of the certificate.
Section 12. That within 30 days after receipt of the municipal setting
designation certificate from the TCEQ, the Director of the Public Works and
Engineering Department shall file a certified copy of this Municipal Setting
Designation Ordinance in the deed records of Hams County.
Section 13. That if any provision, section, subsection, sentence, clause or
phrase of this Ordinance, or the application of same to any person or set of
circumstances is for any reason held to be unconstitutional, void or invalid, the
validity of the remaining portions of this Ordinance or their applicability to other
persons or sets of circumstances shall not be affected thereby, it being the intent
of the City Council in adopting this Ordinance that no portion hereof or provision
or regulation contained herein shall become inoperative or fail by reason of any
unconstitutionality, voidness or invalidity of any other portion hereof, and all
provisions of this Ordinance are declared to be severable for that purpose.
5
Section 14. There exists a public emergency requiring that this Ordinance
be passed finally on the date of its introduction as requested in writing by the
Mayor, therefore, this Ordinance shall be passed finally on such date and shall take
effect immediately upon its passage and approval by the Mayor; however in the
event that the Mayor fails to sign this Ordinance within five days after its passage
and adoption, it shall take effect in accordance with Article VI, Section 6, Houston
City Charter.
PASSED AND ADOPTED this day of , 2009.
APPROVED this day of 12009.
Mayor of the City of Houston
Pursuant to Article VI, Section 6, Houston Cif~y( Charter, the effective date
of the foregoing Ordinance is / DEC 2 2 Ag
City Secretary
by theI Department
2009, Cell Price, Senior Assistant
Requested by Michael Marcotte, P.E., D.WRE, BCEE, Director,
Public Works and Engineering Department
L.D. File No. 0800900066001
G ALANOiCEILUSDs 200910J Venture property.doc
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ADOPTED
EXHIBIT A
Survey of 0.6885 acre (29,991.5 square feet) tract of land situated in the A.C. Reynolds
Survey, Abstract No. 61, Harris County, Texas, being all of Lots 5, 6, 7 and 8, Block "B",
Dozier Additions, according to the map thereof recorded in Volume 302, Page 30 of the
Deed Records of Harris County, Texas, and 8,456 square feet out of Block 35, of Dickey's
West Park Addition, in Houston, Harris County, Texas, said .06886 acre tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at a found 518 inch iron rod marking the North right-of-way line of Branard
Street (50 feet wide) with the East right-of-way line of Argonne Avenue (50 feet wide), said
point being the Southwest corner of said Lot 7, Block "B", Dozier Addition and the herein
described tract;
THENCE North, along the East right-of-way line of said Argonne Avenue at 191.00 feet
passing the Northwest corner of said Block "B", Dozier Addition and the Southwest corner
said Block 35, of Dickey's West Park Addition, and continuing North, in all a distance of
266.00 feet to a 1 inch iron pipe found for the Northwest corner of the herein described
tract;
THENCE South 890 54' 15" East, a distance of 112.75 feet to a 518 inch iron rod found for
the Northeast corner of the herein described tract;
THENCE South, at 75.00 feet passing the Northeast corner of Lot 5, Block "B" of said
Dozier Addition, and continuing South along the East line of said Lots 5 and 8, in all a
distance 266.00 feet to a 5/8 inch iron rod, being on the North right-of-way line of said
Branard Street, said point being the Southwest comer of Lot 9 and the Southeast comer of
Lot 8, Block "B", Dozier Addition and the herein described tract;
THENCE North 890 54' 15" West, along the North right-of-way line of said Branard Street,
a distance of 112.75 feet to the POINT OF BEGINNING and containing 0.6885 acre
(29,991.5 square feet) of land.
7
1, ANNA RUSSELL, City Secretary of the City of Houston, Texas, do hereby certify
that the within and foregoing is a true and correct copy Ordinance No. 2009-1322, passed and
adopted by the City Council of said City on the 16th day December, 2009, as the same appears
in the records in my office.
WITNESS my hand and the Seal of said City this 8 day of January, 2010.
Anna Russell
City Secretary of the City of Houston
530-14-0054
JE7 AFTER RECORDING:
Tack
HOLD FOR
U170673 CHAR' rry^y'
SPECIAL WARRANTY __D$ED FYJP/6NY
-Closer:
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF.HARRIS §
01/11100 201152703 U170673 SILO O,
THAT DJCAR, LcL.b., 'a Texas•limited liability company,
formerly known as Kettle Property, L.L.C., (hereinafter called
"Grantor"), in consideration of the sum of Ten Dollars ($10.00)-and
other good and valuable consideration to it paid, the receipt and
sufficiency of which are hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED, and by these presents does GRANT,
BARGAIN, SELL and CONVEY unto 0/J Vesture, a Texas joint venture
(hereinafter called "Grantee"), whose mailing address is 3125 Kirby
Drive, Houston, Texas 77098, the property in Harris County, Texas,
more particularly described as:
' 0.6885 acre. (29,991.5' square feet) tract of j~
land situated in the'A.C. Reynolds Survey, ` J
Abstract No. 61, Harris County, Texas, being
all of Lots 5, 6, 7 and 8, Block "B", Dozier
Addition, . according to the map thereof
recorded in Volume 302, Page 30 of the Deed
Records of Harris County, Texas, Arid 8,456'
square feet out of Block 35, of Dickey's West
Park Addition, in Houston, Harris County,;
Texas, said 0.6885 acre tract of land being.
more particularly described by metes and
bounds on Exhibit "A" attached hereto and
incorporated herein for all purposes.
together with:
(a) All buildings, structures, fixtures and' other improve-'
ments.of every kind and nature presently situated on, in
or under or erected, installed or used in, on, or about
the above-described land;
(b) All rights, title and interest of Grantor in and to all
rights, privileges, tenements, heteditaments, rights of
way, easements, appendages, appurtenances, riparian or
littoral rights belonging or anywise appertaining to the
above-described land;,and
(c) All rights, title and interest of Seller in and to any
roads, streets, ways, alleys, easements, strips or gores
of land adjoining the above-described land;
(hereinafter referred to as the "Property")
Ti1:. Le Data TC 10.208.66.128 HA 0170673.001
530- 4-0056
EXHIBIT "A"
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' Survey of 0.6885 acre (29,991.5 square feet) tract of tend situated-In the
A.C. Reynolds Survey, Abstract No. 61, Harris County, Texas, being aU of
l Lots 5,6,7 and B. Block "B", Dozier Addition, according to the map thereof
recorded in Volume 302, Page 30 of the Deed Records of Harris County,
Texas, and 8,466 square feet out of Block 36, of bickey's West Park
Addition, in Houston, Harris County, Texas, said 0.6886 acre tract of land
being more particularly described by mates and bounds as follows-*
BEGINNING at a found 518 inch iron rod marking the North right-of-way, line
of Gma and Street (60 feet wide) with the East right-cf-way line of•Argonne
Avenue (50 feet wide), said point being the Southwast.comer of said Lot 7;
Block "B", Dozier Addition and the herein described tract;
THENCE North, along the East right-of-way line of Bald Argonne Aveove; at
' 191.00 feet passing the Northwest comer of-said Block "B", Doilell Addtipn
and the Southwest corner said Block 35, of DiEkey's West Park Addition and
continuing North , in all a distance of 266.0bfeat to e 1 Inch irnp•plQe •falat'd.':..
for the Northwest comer of the herein dascilbdd tract;
THENCE South 89°54'15" East, a distance of 112.76 feet to a 5/8 fnch'iron
rod found'for the Northeast corner of the herein described tract;
THENCE Soutli, at 76.00 feet passing the Northeast corner of Lot 6, Block `8",
of said Dozier Addition, and continuing Soirth along the East One of safd•Lots,S
k and 8, in all a distance of 266.00 feet to a 618 inch Iron rod, befnb.ow-the :Noft'
right-of-way line of said Branard Street, said point being the Souihivest cornet
of Lot 9 and the Southeast comer of Lot. 8, Block "B", Dozier Addition anti the '
herein described tract;
THENCE North 8906415' West, along the North tip-ofwvay•Una of Old.Branard;-
Street, a distance of 112.75 feet to th'e P01N:T--0F19 p f9NQ ertdtktttalni-
0.6885 acre (29,991.5 square feet) of tend. "
t2e Data TC 10.208.66.128 HA 0170673.003
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EXHIBIT "B"
1. Encroachment of concrete steps into street along the south arid,
west property lines,
2. Terms,.conditions and provisions of City of Houston ordinance'
No. 85-1878, a certified copy of which is recorded under
Harris County Clerk's File No. N253886. j
3. Deed of Trust recorded at Ha rig C le k File No.
3374790 and Vendor's Lien retaine ecI4 my Deed
recorded at 5374789 of the Re P erty Rt5 of Harris
County, Texas,
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Data TC 10.208.66.128 HA U170673.004
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