HomeMy WebLinkAboutRes 2011-08 Supporting the application of Houston Pavilions for a Municipal Setting Designation at 811 Main StreetCity of West University Place
Harris County, Texas
RESOLUTION NO. 2011-08
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
IN SUPPORT OF THE APPLICATION OF HOUSTON PAVILIONS, L.P.
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
(TCEQ) FOR A MUNICIPAL SETTING DESIGNATION (MSD) FOR
PROPERTY LOCATED AT 811 MAIN STREET AND ADJACENT
PUBLIC RIGHTS OF WAY 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 the application to the TCEQ for a Municipal Setting
Designation, HCG Block 93 LLC ("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 811
Main Street, and adjacent public rights of way in Houston, Texas, more fully described
in Exhibit "A" (the "Site"); and
WHEREAS, on May 11, 2011, the City Council of the City of Houston, Texas
approved and adopted Ordinance No. 2011-335 (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 two groundwater supply
wells identified by the Texas Water Development Board under registration numbers
6521203 and 6521233, and one well identified with TCEQ Water System Source
Number G1010027C, and all three wells are located at the southwest corner of the
intersection of Westpark and Wakeforest Road, 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 40 feet below ground surface, while the City of West
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University Place water wells collect water from the Chicot and Evangeline aquifers at
depths approximately 2,000 feet below ground surface; and
WHEREAS, the Site is approximately 4.05 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-northwest, away from the wells owned by the City of West University Place.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS THAT:
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.
PASSED, APPROVED AND ADOPTED this the 11th day of August , 2011.
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Signed:
City Secretary Mayor
Recommended:
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City Manage
Approved as to legal form:
City Attorney
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EXHIBIT A
METES AND BOUNDS DESCRIPTION
OF 1.1799 ACRES OF LAND BEING ALL OF
UNRESTRICTED RESERVE "A", BLOCK 1, MAIN PLACE
FILM CODE NO. 619153, H.C.M.R.
OUT OF THE JOHN AUSTIN SURVEY, A-1 AND THE
JAMES HOLMAN SURVEY, A-323
HOUSTON, HARRIS COUNTY, TEXAS
All that certain 1.1799 acres (51,396 square feet) of land being all of Unrestricted Reserve "A", Block 1,
Main Place, according to the plat thereof recorded at Film Code No. 619153, of the Map Records of
Harris County, Texas, out of the John Austin Survey, A-1 and the James Holman Survey, A-323,
Houston, Harris County, Texas and being more particularly described by metes and bounds as follows
(bearings based on Texas State Plane Coordinate System, Texas South Central 4204-NAD 83):
Commencing at Harris County Floodplain Reference Marker Number 210045 having grid coordinates of
(X: 3,122,819.92) and (Y: 13,843,672.37), from which Harris County Floodplain Reference Mark Number
201148 bears S 710 04' 55" E - 1,211.90' for reference; Thence, S 17° 06' 50" W - 2,595.57', to a point
for the north corner of said Main Place, located at the intersection of the southeast right-of-way line of
Main Street (90' Wide) with the southwest right-of-way line of said Rusk Avenue and being POINT OF
BEGINNING of the herein described tract;
THENCE, S 57° 07' 57" E - 252.50', with said southwest right-of-way line of Rusk Avenue, to a point for
the east corner of said Main Place, at the intersection of said southwest right-of-way line of Rusk Avenue
with the northwest right-of-way line of Fannin Street (80' Wide);
THENCE, S 320 52' 03" W - 149.03', with said northwest right-of-way line of Fannin Street, to a point for
comer and the east corner of that certain called 11,729 square foot tract described as Tract One in the
deed dated November 24, 1999, from FS Mirador Fannin, L.P. to Spire Historic Buildings, L.P., filed for
record in Clerk's File No. U120874, Film Code No. 529-58-0472, of the Official Public Records of Real
Property of Harris County, Texas;
THENCE, N 560 59' 39" W - 116.00', with the northeast line of said 11,729 square foot tract, to a point for
corner;
THENCE, S 32° 52'03" W - 101.25', with the northwest line of said 11,729 square foot tract, to a point for
corner located in the northeast line of Walker Avenue (80' Wide);
THENCE, N 570 07' 57" W - 136.50', with said northeast right-of-way line of Walker Avenue, to a point for
the west corner of said Main Place, at the intersection of said northeast right-of-way line of Walker
Avenue with the aforementioned southeast right-of-way line of Main Street;
THENCE, N 320 52'03" E - 250.00', with said southeast right-of-way line of Main Street, to the POINT OF
BEGINNING of the herein described tract and containing 1.1799 acres (51,396 square feet) of land, more
or less.
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H0003:12750302
EXHIBIT B
H0003:1275030.2
City of Houston, Texas, Ordinance No. 2011- 33S
A MUNICIPAL SETTING DESIGNATION ORDINANCE PROHIBITING THE
USE OF DESIGNATED GROUNDWATER BENEATH ONE TRACT OF LAND
CONTAINING 1.1788 ACRES COMMONLY KNOWN AS 811 MAIN STREET,
HOUSTON, TEXAS AND PORTIONS OF RUSK AVENUE, WALKER AVENUE
AND FANNIN STREET RIGHTS OF WAY, 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 amended that process on July 14, 2010, by Ordinance No. 2010-556; 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 January 11, 2011, HCG Block 93, LLC ("Applicant")
applied to the Director of the Public Works and Engineering Department,
requesting that the City Council support a municipal setting designation
ordinance for 811 Main Street, located in Houston, Texas 77002; and
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H0003:12750302
WHEREAS, on March 30, 2011, the Director of the Public Works and
Engineering Department conducted a public meeting as required by Section 47-
764 of the Code of Ordinances, Houston, Texas, at the Central Library, 500
McKinney, Houston, Texas 77002, and notified the community when the public
hearing would occur, and
WHEREAS, a City Council committee, designated by the Mayor,
conducted a public hearing on April 21, 2011; 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, the Development and Regulatory Affairs
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H0003:1275030.2
Committee of 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,
TEXAS:
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 tern is defined in section 47-761 of the Code of Ordinances,
Houston, Texas, is prohibited.
Section 6. 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
i_
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H0003:1275030.2
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 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 8. 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
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H0003:1275030.2
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 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 Harris 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
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H0003:1275030.2
unconstitutionality, 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 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.
PASSED AND ADOPTED this lj6Wday of G~ 2011.
APPROVED this _ day of 2011.
Mayor of the City of Houston
Pursuant to Article VI, Section 6, Houston City Charter, the effective date
of the foregoing Ordinance is MAY
City Secretary
Prepared by the L al Department
TA, 4M 2011, Cell Price, Senior Assistant City Attorney
Requested by Daniel Krueger, P.E., Director,
Public Works and Engineering Department
L.D. File No. 0910700011002
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H0003:1275030.2
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EXHIBIT A
The legal description including metes and bounds of the designated property is as follows
METES AND BOUNDS DESCRIPTION OF 1.1799 ACRES OF LAND BEING ALL OF
UNRESTRICTED RESERVE "A", BLOCK I, MAIN PLACE FILM CODE NO. 619153,
H.C.M.R. OUT OF THE JOHN AUSTIN SURVEY, AA AND THE JAMES HOLMAN
SURVEY, A-323 HOUSTON, HARRIS COUNTY, TEXAS
All that certain 1.1799 acres (51,396 square feet) of land being all of Unrestricted Reserve "A",
Block 1, Main Place, according to the plat thereof recorded at Film Code No. 619153, of the Map
Records of Harris County, Texas, out of the John Austin Survey, A-1 and the James Holman
Survey, A-323, Houston, Hams County, Texas and being more particularly described by metes
and bounds as follows (bearings based on Texas State Plane Coordinate System, Texas South
Central 4204-NAD 83):
Commencing at Harris County Floodplain Reference Marker Number 210045 having grid
coordinates of (X: 3,122,819.92) and (Y: 13,843,672.3 7), from which Harris County Floodplain
Reference Mark Number 201148 bears S 71° 04' 55" E - 1,211.90' for reference; Thence, S 17°
06' 50" W - 2,595.57', to a point for the north comer of said Main Place, located at the
intersection of the southeast right-of-way line of Main Street (90' Wide) with the southwest right-
of-way line of said Rusk Avenue and being POINT OF BEGINNING of the herein described
tract;
THENCE, S 57° 07' 57" E - 252.50', with said southwest right-of-way line of Rusk Avenue, to a
point for the east comer of said Main Place, at the intersection of said southwest right-of-way line
of Rusk Avenue with the northwest right-of-way line of Fannin Street (80' Wide);
THENCE, S 32° 52' 03" W - 149.03', with said northwest right-of-way line of Fannin Street, to a
point for corner and the east comer of that certain called 11,729 square foot tract described as
Tract One in the deed dated November 24, 1999, from FS Mirador Fannin, L.P. to Spire Historic
Buildings, L.P., filed for record in Clerk's File No. U 120874, Film Code No. 529-58.0472, of the
Official Public Records of Real Property of Harris County, Texas;
THENCE, N 56° 59' 39" W -116.00', with the northeast line of said 11,729 square foot tract, to
a point for corner;
THENCE, S 32°52' 03" W- 101.25', with the northwest line of said 11,729 square fool tract, to
a point for comer located in the northeast line of Walker Avenue (80' Wide);
THENCE, N 57° 07' 57" W - 136.50', with said northeast right-of-way line of Walker Avenue,
to a point for the west comer of said Main Place, at the intersection of said northeast right-of-way
line of Walker Avenue with the aforementioned southeast right-of-way line of Main Street;
THENCE. N 320 52' 03" E - 250.00', with said southeast right-of-way line of Main Street, to the
POINT OF BEGINNING of the herein described tract and containing 1.1799 acres (51,396
square feet) of land, more or less.
H0003:1275030.2