Loading...
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 2 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 3 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 4 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 5 ; f rj 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 { ~I I take effect immediately upon its passage and approval by the Mayor. pROTEM PASSED AND APPROVED this a7day of 2008. r 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 6 Works and NO 1 CARTON AnrNoTcn sun" MAYOR WHITE- ease moo* COUNCIL MEMBERS MB SERER LAWRENCE ' JOHNSON CLUTTERB~- ✓ ADAMS SULLIVAN KHAN HOLM UIIV6 GARCIA - RODRIG UEEz BROWN aF~rroK LOVELL 4* NORIEG~ A GREEN JONES