HomeMy WebLinkAboutRes 2008-16 Municipal Setting Designation for 7042 Bissonnet Fondren Road PlazaCity of West University Place
Harris County, Texas
RESOLUTION NUMBER 2008-16
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
IN SUPPORT OF THE APPLICATION OF FONDREN ROAD PLAZA,
LTD. TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
(TCEQ) FOR A MUNICIPAL SETTING DESIGNATION (MSD) FOR
PROPERTY LOCATED AT 7042 BISSONNET AND ADJACENT
PUBLIC RIGHTS OF WAY IN HOUSTON, TEXAS.
WHEREAS, Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act
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, FONDREN ROAD PLAZA, LTD. ("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 7042
BISSONNET, and adjacent public rights of way in Houston, Texas, more fully described
in Exhibit "A" (the "Site"); and,
WHEREAS, on August 27, 2008 the City Council of the city of Houston, Texas
approved and adopted Ordinance No. 2007-751 (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 groundwater public supply
wells within five miles from the Site - G101 0027B located on Milton Street; 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 2,000 feet below ground surface; and,
WHEREAS, the Site is approximately 4.5-miles from 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
southwest, 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
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 ~~day of AkPby - ,
2008.
Councilmembers Voting Aye: /6J17
Councilmembers Voting No: A)/&
Recommended:
I am,
1;~46wl
City Manager Michael Ross
Approved as to legal form:
City Attorney Alan Petrov
EXHIBIT A
BEING 7.5677 ACRES OR 329,649 SQUARE FEET OF LAND AND BEING A PART OF A
9.087 ACRE TRACT OUT OF TRACT "C", BONNIE BRAE ORANGE ORCHARDS, AS
RECORDED IN VOLUME 2, PAGE 66, HARRIS COUNTY MAP RECORDS, HARRIS
COUNTY, TEXAS, IN THE J. R. BLACK SURVEY, A-134, CITY OF HOUSTON, HARRIS
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at % inch iron rod found for the northwest comer of herein described tract,
said point also being the intersection of the east right-of-way of Fondren Road (100 feet
wide), as recorded in Volume 6051, Page 52, of the Harris County Deed Records, Harris
County, Texas, and the south line of a 60-foot drainage easement as recorded in Volume
2882, Page 628, of the Harris County Deed Records, Hams County, Texas.
THENCE N 890 0 5111Z E, along the southedy line of said 60-foot drainage easement, a
distance of 880.54 feet to a 518 inch iron rod found for the northeast comer of this tract;
THENCE S 01 0038' OD" W, along the easterly fine of a 10-foot sanitary sewer easement
recorded in Volume 7813, Page 424, Harris County Deed Records, a distance of 193.44
feet to a 5/8 inch iron rod found for the southeast comer of this tract, also being the north
right-of-way line of Bissonnet Avenue, as recorded in Volume 6051, Page 52, Harris
County Deed Records, Harris County, Texas.
THENCE S 60015'30" W, along the north right-of-way tine of said Bissonnet Avenue, a
distance of 716.63 feet to a 1-118 inch iron rod found for a comer, said comer also being
the southeast comer of Texaco Tract;
THENCE N 20035'00" W, along the easterly property line of said Texaco Station Tract, a
distance of 150.00 feet to a II, inch iron rod for a corner, said comer being the northeast
comer of said Texaco Tract;
THENCE S 820047'38" W, along the north property line of said Texaco Tract, a distance
of 150.00 feet to a 5/8 inch iron rod found for the most westerly southwest comer of this
tract, said comer being on the east right-of-way line of said Fondren Road, said iron rod
also being the point of curvature of a curve to the left, subtending a central angle of 06 °31'
17"•
THENCE, northwesterly along the said curve, having a radius of 3,781.67 feet, an arc
length of 430.44 feet, and a tangent of 215.45 feet, along the east right-of-way line of said
Fondren Road
to the POINT OF BEGINNING of the herein described trac t containing as
aforesaid 7.5677 Acres or 329,649 Square Feet of land.
EXHIBIT' "B"
City of Houston, Texas, Ordinance No. 2008-.f
A MUNICIPAL SETTING DESIGNATION ORDINANCE PROHIBITING THE
USE OF DESIGNATED GROUNDWATER FROM BENEATH A 7.5677 ACRE
SITE BEING A PART OF A 9.087 ACRE TRACT OUT OF TRACT °C,
BONNIE BRAE ORANGE ORCHARDS, AS RECORDED IN VOLUME 2, PAGE
66, HARRIS COUNTY MAP RECORDS, HARRIS COUNTY, TEXAS, IN THE J.
R. BLACK SURVEY, A-134, CITY OF HOUSTON, HARRIS COUNTY, TEXAS,
GENERALLY LOCATED AT 7042 BISSONNET AVENUE, HOUSTON, TEXAS
77074; 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 XII1, 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(x) 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 31, 2008, Fondren Road Plaza, Ltd. ("applicant")
applied to the Director of the Public Works and Engineering Department, requesting
that the City Council support a municipal setting designation ordinance for its
Property that is generally located at 7042 Bissonnet Avenue, Houston, Texas
77074;and
WHEREAS, on June 24, 2008, 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 August 20, 2008;
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 concem 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
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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 property 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 5. 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
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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 B. 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
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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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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
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take effect immediately upon its passage and approval by the Mayor. pROTEM
PASSED AND APPROVED this a7day of
2008.
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Prepared by the Legal Department
L ~'G
r of the City of
PROTU
Cell Price, Senior Assistant
Requested by Michael Marcotte, P.E., DEE,
Engineering Department
L.D. File No. 0760700009001
CAPTION PIJIIUS14110IN DAILY COUkt
REVIEW
DAM SEP 0 2 2008
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