HomeMy WebLinkAboutRes 2011-02 Support MSD for 1610 and 1701 Oliver StreetsCity of West University Place
Harris County, Texas
RESOLUTION NO. 2011-02
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
IN SUPPORT OF THE APPLICATION OF HARCROS CHEMICALS, INC.
AND UNION PACIFIC RAILROAD TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY (TCEQ) FOR A MUNICIPAL SETTING
DESIGNATION (MSD) FOR PROPERTY LOCATED AT 1610 OLIVER
STREET AND 1701 OLIVER 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, Harcros Chemicals, Inc. and Union Pacific Railroad (both hereinafter jointly
referred to as "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 1610
Oliver Street and 1701 Oliver Street in Houston, Texas, as more fully described in
Exhibit "A" (the "Site"); and,
WHEREAS, on August 22, 2007 the City Council of the City of Houston, Texas
approved and adopted Ordinance No. 2007-959 (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 3.7-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,
85902334.1 - 2
WHEREAS, the Site is approximately 3.7-miles northeast 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 flows to
the north, away 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:
The City of West University Place supports Applicant's application to the
TCEO for certification of a Municipal Setting Designation for the Site
described in Exhibit "A."
2. This Resolution shall take effect upon its adoption.
PASSED, A"TOVED AND ADOPTED this the 28th dayof Februarv, 2011.
,PEST uNs..
a
"UTAS
n Mayo N
~ 'TWO
Recommended:
~ity Manager
Approved as to legal form:
City Attorney
85902334.1
-3-
ExNbn'A'
The legal deacrfpb'on of the designated property, for Harems Chemloak, Ma located at
1701 OMrer Street in Houston:
Being a 2.734 acre tract of land (119,982 square fool) lying In the John Austin League,
Abstract No. 1 in Harris County, Texas, being the unrecblMd Res" 'A', In Block one
(1) of Harcros Addition, an addition in Harris County, Texas of record in Film Code No.
387062 of the Map Records of Hams County, Taxes, said 2.754 acres being more
PaNCUlarly described by metes and bounds, as folows:
BEGINNING at a W Rod with yellow plastic cap stamped *ACCESS 5183' set markino
the k"Mcbon of the North right-0-way One of Summer Street (a 00, public roadway)
and the West rghtaf-way Ikre Of COW Street (celled 50' wide ddvewny easement of
record In Volume 3060 on Page 291 of the Dead Records of Harris Coumy. Texas) and
being the southeast Comer of the herein described tract.
THENCE 8 87a47'14' W (can S 87°2700' W) with the North right-of-way tine of Summer
Street and the South One of the herein described pact for a distance of 198.81' (Can
198.81) to a 5l8' Rod found marking the Southerly most Southeast comer of pmt certain
24.0319 acre trap of land as described In an Instrument of record in County Clerk's File
No. L893452 of the Official Public Records of Hams County, Texas and being the
Southwest comer of the herein described tract
THENCE N 02"12'47- W (call N 0203700' 1st) with the Southerly most East tins of the
said 24.0319 acre tract and the West Ana of the heroin described tract for a dlstance of
809.47' (call 809.40') to a Iron Rod w1th yellow plastic cap found marking the Southwest
comer of that certain 0.3578 acre pact of Ned as described In an Instrument of record In
County Clerks. Flo No. R356M of the sold Official Pubnc Records and being the
Northwest comer of the herein described pact;
THENCE N 87-48'49' E (call N 87027'00'E) with the South line of the said 0.3578 acre
tract and the North firm of the herein described tract for a distance of 195.03' (can
198.077 to on iron Rod with yellow plastic cep found marking the Weal right-of-way une
of Oliver Street, the Southeast comer of the sold 0.3578 acre tract and being the
Northeast comer of the hersln described tract
THENCE S 02033'00' E (bearing basis) with the West rW-of-way line of OUWer Street
and the East lino of the herein dascribed had for a distance of 88.45' (con Bog '41') to
the point and place of beginning, containing In area 2.754 acres of land (119,952 square
feet), more or Into.
Me wdPfbn of the devosfed property for UPRR bcetad at 1610 0#Yvr Sheet
ALL THAT CERTAIN 1.3888 ACRE tract of land lying In and stuated in the John Austin
2 League Gram Survey. Abstract 1, Harris County, Texas, being o portion of Lot 20,
Stock 3 of the Houingsworth (unrecorded) Subdivision and being a portion of on that
Certain called 48.9 acre tract of land conveyed by deed on September 25, 1923 from
85902334.1 - 4 -
Houston Stock Yams Company to The Galveston, Harrisburg and San Antonio Rahway
Company, ac recorded In Volume 552, Page 32 of the Harris County Deed Recede
(H.C.D.R.), the herein described tract of land being more Partkufarty described by mates
and bounds, using survey terminology which reform to the Texas State Plane Coordinate
System. South Central Zone (HAD83), In which the directions are Lamber grid bearings
and the dletanees are surface level horizontal lengths (S.F.=0.9998938554) as follows:
COMMENCING Of a 5B' hen rod found marring the southeast Comer of all that certain
called 24.0819-acre tract of tend conveyed by deed on October 17, 1988 from Southern
Pacific Transpon'Won Company to Anock Indushies, Inc., as recorded In Clerk's Fite
No. L893452 of the Harris County Official Records (H.C.O.R.), same being located In the
eastern boundary line of the aforementioned all that conaln called 48.9 acre pad of land
conveyed by dead on September 25, 1923 from Houston Stock Yams Company to The
Galveston, Harrisburg and San Antonio Railway Company, as recorded In Volume 552,
Page 32 of the HC.D,R. and at the Intersection of the centerline projection of the 80 foot
wide Summer Street with the eastern dgM-ofiwsy boundary Bee of ft 60 foot wide
Oliver Street as conveyed on May 16, 1957 from Texas and New Orleans Rafted
Company to the City of Houston, as recorded In Volume 3319, Page 727 of the
H.C.O.R., sold Point of Commencement being at Texas at State Plane Coordinate
System position X-3114808.82 and Y-13846282.00. from which a 50' Iron rod with
survey cap marked WILE 1628', at Bee northwest comer of all that certain 1.5995 sue
tract conveyed to Redwood Retail Center, LTD, as recorded In Clerk's File No. L490752
of the H.C.O.K. bears North 2°01'24' West a distance of 8.33 feet (called 8.37 feet);
THENCE South 3002'32' East coincident with the eastern boundary lime of said
Galveston, Harrisburg and San Antonb Railway Company called 48.9 acre tract and
said Oliver Street same being the western boundary line of maid Redwood Retail Cooler,
LTD called 1.5995 acre tract a distance of 30.14 feet to a polnt at X=3114808.22 sod
Y=13848251.90;
THENCE South 87030'02' Weak "coming Sent OMe Street a distance of 60.00 feet to
the POINT OF BEGINNING of the herein described description at a get file' ban rod
with survey cap marked 'WPD 4487' for the Imeraection of the wealem rgMUvn
wgy
boundary One of said Oliver Street and the southern righloRway boundary line of
Summer Street and the northeast corner of the herein described 1.3888 am traet at
Position X-3114748.28 and Y013848249.29;
THENCE South
sold Oliver Street a2 distance of ?36.60 owith t the 518' Iron rrood with suyeadu~ry aImo rk of
'WPO 4487' met in the northern or northweeiem curved boor one of y ail tha chat nomad
60 foot wide railroad fee strip. conveyed by dead on 8ep Sartain
Srashear to Gaveron, Hammbug and San Antonio Ral fa~r 17, 1879 from Sarah
Volume 20, Page 26 of the H.C.D.R., some being the southern or southeastern curvedd
boundary One of the said Galveston, Harrisburg San Antonio Ralhvay Company coiled
48.9 acre tract for the southeast comer of the herein described 1.3888 acre tract at
position X43114760.84 and Y-13846013.06;
THENCE along geld curved boundary to the lee or southwest having a radius of 1985.25
feet and a central angle or 9°18'25, coknoidont with the nomlem or northwestern
boundary line of meld Galveston, Harrisburg and San Antonio Rallway Company 60 foot
wine railroad fee strip, same being the southerm or southeastern curved boundary One of
85902334.1 - 5
the said arc lengNhoif33224 10 feet, a chord San Antonio beeping South 74°5T19pV%6t and a chord distance of
323.74 to a 518' Iron rod with Sunray cap marked 'WPD 4467'w at the Intersection with
the southeastern craved right-of-way boundary One of the 30 foot vride Southern Pacific
Transportation Company spur trap easemerd, for the most southerly southwest comer
of the herein described 1.3888 acre tract, at poaftfun X=3114448.22 and
Y-13845929.02;
THENCE along said curved boundary to the left or ncrersaat }raving a radlua of 30569
feet and a central angle of 39°28'19', oomcklent with the soufhaostam boundary line of
said 30 That wide Southern Pacific Transportation CompanY spur bad easement, an arc
length of 211.04 feet, a dwrd bearing North 2092114° East and a chord distance of
208.89 to a SW Iron rod with survey cap marked 1NPD 448T set for the point of
compound pave of the heron described 1.3888 ape tract, at position X=3114540.07
and Y=13848114.39; _
having THENCE along sold curved boundary to the W or north"
a radlus of 346.44
ffeetanclaomM aI angle for M7W, coincident with the aeotsteen boundary dary the of said 30
W wide Sougrem Pacific Transportation Company spur track essement, an arc length
of 65.13 teat, a chord bearing North 2004'20' East and a chord dlelance of 55.07 to a
518' Iron rod with survey cap marked VIRD 4487• set for the point of tarrj rn y of the
herein described 1.3688 ape bad, at pomf0on X=3114642.06 and Y-13646119.42;
THENCE North 2626'03" Weet. coincident with the eastern boundary me of said 30 foot
wide Southern Pacific Tramporta6on Company spur trad easamekd, a distance of 70.81
to a 516' iron rod with survey cap marked vPD 448T set in the southern boundary of
saki 1X1 foot wide Summer SO" right-of-way, for the nonhwast comer of the herein
described 1.3868 acre tract, at position X-3114539.01 and Y=13848240.15;
THEN worth 87030'02' Past coincident with its southern dght-of-way boundary One
said mer Street, a distance of 209.49 to the POINT OF BEGINNING, containing
1.3888 acres of lard, more or less.
85902334.1 - 6 -
EXHIBIT B
City of Houston, Texas, Ordinance No. 2010-".-
A MUNICIPAL SETTING DESIGNATION ORDINANCE PROHIBITING THE
USE OF DESIGNATED GROUNDWATER BENEATH TWO TRACTS OF LAND
CONTAINING 4.1228 ACRES COMMONLY KNOWN AS 1610 OLIVER
STREET AND 1701 OLIVER STREET, HOUSTON, HARRIS COUNTY, TEXAS,
AND SUPPORTING ISSUANCE OF A MUNICIPAL SETTING DESIGNATION
I3Y THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, Subchapter W, "MunkFpal Set" Designations," of Chapter
361, "Solid Waste Disposal Act," of ft Texas Health and Safety Cede authorizes
pie Texas Commission on Environmental Quality ("TCEQ7 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 ordinance;
and
WHEREAS, Sections 47.785(1) 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 prop"; and
WHEREAS, on June 25, 2009, Harcros Chemicals, Inc, and Union Pacific
Railroad (both hereinafter jointly referred to as 'Applicant") applied to the Director
of the Public Works and Engineering Department, requesting that the City
Council support a municipal setting designation ordinance for the 1610 end 1701
Oliver Street Sties located in Houston, Texas 77007; and
85902334.1 - 7 -
WHEREAS, on January 13, 2010, the Director of the Public Works and
Engineering Department conducted a public meeting as required by section 47-
764. at the West End MUMS Service Center, 170 Heights Boulevard, Houston,
Texas 77007 and notified the community when the City Council public hearing
would occur, and
WHEREAS, City Council conducted a public hearing on February 17,
2010; and
WHEREAS. the City Cownoll finds that
(1) the application meets the eligibility criteria of Section 381.803 of the
Texas Health and Safety Code;
(2) the municipal setting designation will not have an adverse affect 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-hag mits of the designated properly; and
(4) title Municipal Setting Designation Ordinance is necessary because
the concentration of contaminants of concern exceeds human ingestion
protective concentration levels, and the establishment of a munfolpsi selling
designation will allow the property to be brought back into productive use; and
WHEREAS, City Council finds thal the Director of the Pubic 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
85902334.1 - 8 -
Houston, has given the required notices, City Council has held the required
public hearing regarding this MuMCIPal Setting Designation Ordinance and as
Procedural requirements have been satlsfied; 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 two trade described In Exhibit
A. attached to this Ordinance and incorporated by referenoe 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 20O feet that is prohibited from use
as Potable water by this Ordinance.
Section 3. That use of me designated groundwater from beneath the
designated property as potable water, as that term is defined in section 47-701 of
the Code of Ordinances, Houston, Texas, is prohibited.
Section 4. That the use of the designated groundvreter from beneath
public 0ghts-of-way immediately a(#awnt to the designated property as potable
water, as that tens Is defined in section 47-7e1 of the Code of Ordinances,
Houston, Texas, Is prohibited,
Section S. That the designated property must receive a oertficate of
completion or other analogous documentation issued by the TCEO or the Un tsd
States Environmental Protection Agency ("EPAJ slowing that any site
Inves4gatons and response actions required pursuant to Section 361.508 of the
85902334.1 - 9 -
Texas Health and Safety Code have been completed to the satisfaction of the
TCEQ or EPA within the time period required by them.
Section & That the City Council supports the application to the TCEQ for
a municipal selling designation on the designated property, with the following
Comment:
(1) The TCEO and the EPA, as agencies charged to Protect human health
and tine environment are requested to thorou" 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 T. That any person owning, operating, or controlling the
designated property remains responsibie for complying with all applicable federal
and state leas 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 bed does not change any environmental assessment or cleanup
requirements applicable to the designated property,
Section & That approval of this Municipal Salting Designation Ordinance
shad not be construed to subject the City of Houston to any responslbfilty 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
85902334.1 - 10-
the designated Property and the designated groundwater in a format compatible
with the CIVS geographic information system and its integrated land
management system, and shall provide an electronic file showing Ste location of
the designated 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 Murldpal Setting
Designation Ordnance, the Director of the Pubifc Works and Engineering
Department shall send a certilled copy of this ordinance to the Applicant, TCEQ
and EPA.
Section 11. That the APPI cent shall provide the Director of the Public
Wake and Engineering Department with a copy of the municipal setting
designation cenifIcate Issued by the TCEO pursuant to section 381.807 of the
Texas Heafth and Safety Code within 30 days after issuance of the certificate.
Section 12. That within 30 days after reoalpt of the mur"pal selling
designation certificate from the TCEQ, the Director of the Public Works and
Engineering Department shall file a certified copy of this Munidpai Selling
Deaignaton Ordinance in the deed records of Harris County.
Section 13. That t any provision, section, subsection, sentence, dause or
Phrase of this Ordinance, or the application of same to any person or sat of
circumstances Is for any reason held to be unconstitutional, vole or Invalid, the
validity of the remaining portions of this Ordinance or their apptcalNlily to other
persons or sets of circumstances shat not be affected thereby, it being the intent
of the City Council In adopting this Ordinance that no portion hereof or provision
85902334.1 - I I
or regulatbn contained herein shall become Inoperative or fail by reason of any
unconstdutionality, voidness or invalidity of any other portion hereof, and all
provisions of this Ordinance are declared to be severable for that purpose.
Section 14. There exists a public emergency requiring that this Ordinance
be Passed finally on the data of Na imroducdcn a$ 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 He
Passage and adoption, it shall take effect in accordance with Article Vi, Section 8,
Houston City Charter.
PASSED AND ADOPTED this Lky of rl
2010.
Mayor of the Clly of Houston
Pursuant to Article VI, Section 6, Houston City Charter, the effective data
of the foregoing Ordinance is Ysa a
C1ry Secretary
P by el Department
Dann
Fe ry 1 , 010, Cad erfce. Bartle Assistant City Attorney
Retyeated by NNChaef Marcella, P.E., D.WRE, SCEE, Director,
Public Works and Engineering Deparbent
L.D. File No. 0mosooosa00t
Cr.YAlverCE1LVA9Ds talOWaraoa Cnam0010fivu SUWf101Ma F1NAL.dx
:vEW a~laM MILY UltNtt
Mrn MAR 0 210f0
85902334.1 - 12-
1, ANNA RUSSELL, City Secretary of the City of Houston, Texas, do hereby certify
that the within and foregoing is a true and Correct CopyOrdinenceNo. 2010-0166, passed and
adopted by the City Council of said City on the 24th day of February, 2010, as the same
appears in the records in my office.
WETNESS my hand and the Seal of said City this 9th day of March, 2010.
Anne Russell
City Secretary of the City of Houston
X5902334.1 - 13 -