HomeMy WebLinkAboutORD 2012-018 ORDINANCE NO. 2012-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING CHAPTER 25
UTILITIES AND SERVICES OF THE CITY OF GRAPEVINE
CODE OF ORDINANCES, AS AMENDED, BY THE
ADDITION OF SECTION 25-211(c); ESTABLISHING LOT
1R1, BLOCK 1; LOT 1R2R1, BLOCK 1; LOT 1R2R2,
BLOCK 1; LOT 4, BLOCK 1; LOT 3R1, BLOCK 1; LOT 2R1,
BLOCK 1; LOT 3R4, BLOCK 1; AND LOT 5RA, BLOCK 1,
HAYLEY ADDITION OF THE CITY OF GRAPEVINE,
TARRANT COUNTY, TEXAS AS A MUNICIPAL SETTING
DESIGNATION SITE; PROVIDING FOR THE
PROHIBITION OF THE USE OF GROUNDWATER FOR
POTABLE AND IRRIGATION PURPOSES FOR THE SITE;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
FINE OF UP TO $2,000.00 FOR EACH OFFENSE IN
VIOLATION OF THE ORDINANCE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER OF THE CITY; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine adopted Ordinance
No. 2005-79 on October 11, 2005 establishing processes, procedures and restrictions
associated with a Municipal Setting Designation authorized under Chapter 361,
Subchapter W of the Texas Health and Safety Code; and
WHEREAS, Ball Street Joint Venture Towers of Grapevine (Applicant) has filed
an application with the City of Grapevine for the City's approval of a Municipal Setting
Designation (MSD) for Lot 1R1, Block 1; Lot 1 R2R1, Block 1; Lot 1R2R2, Block 1; Lot
4, Block 1; Lot 3R1, Block 1; Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot 5RA, Block 1,
Hayley Addition, a 10.0156 acre site located at 1271, 1281, 1293, 1301, 1303, and
1401 William D. Tate Avenue and 800 and 900 West State Highway 114, Grapevine,
Texas, more fully described in Exhibit "A" and Exhibit "B", attached hereto and
incorporated herein in its entirety; and
WHEREAS, upon passage of a supporting resolution by the City Council,
Applicant intends to file a separate application with the Executive Director of the Texas
Commission on Environmental Quality (TCEQ) for certification of an MSD for the Site
pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W; and
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater contamination investigation and
response actions at the Site; and
WHEREAS, the City Council of the City of Grapevine is of the opinion that it is in
the best interest of the public and the City to support Applicant's application to the
Texas Commission on Environmental Quality for a Municipal Setting Designation for the
Site; and
WHEREAS, in order for the TCEQ to certify the Site, the City must prohibit the
potable use of groundwater from beneath the Site; and
WHEREAS, a public drinking water supply system exists that supplies or is
capable of supplying drinking water to the Site, and property within one-half mile of the
Site; and
WHEREAS, where public drinking water is available, the potable use of
groundwater in designated areas should be prohibited to protect public health and
welfare when the quality of the groundwater presents an actual or potential threat to
human health; and
WHEREAS, City Council has found that the passage of this Ordinance serves
the best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all of the above premises are found to be true and correct and
are incorporated into the body of this ordinance as if copied in their entirety.
Section 2. That Chapter 25 Utilities and Services, Section 25-211 of the City
of Grapevine Code of Ordinances, as amended, is hereby amended by the addition of
the following:
"(c) Lot 1R1, Block 1; Lot 1 R2R1, Block 1; Lot 1 R2R2, Block 1; Lot 4,
Block 1; Lot 3R1, Block 1; Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot
5RA, Block 1, Hayley Addition"
Section 3. That the designated groundwater beneath Lot 1R1, Block 1; Lot
1 R2R1, Block 1; Lot 1 R2R2, Block 1; Lot 4, Block 1; Lot 3R1, Block 1; Lot 2R1, Block 1;
Lot 3R4, Block 1; and Lot 5RA, Block 1, Hayley Addition, City of Grapevine, Tarrant
County, Texas is the shallow water table of the designated property. This shallow
groundwater is in soils derived from the Eagle Ford Shale Formation which underlies
the site. The designated groundwater zone is a layer of sand and sandy clay from
approximately 8 feet below ground surface to the top of a sandstone bedrock unit
encountered between 11 and 20 feet below ground surface.
ORD. NO. 2012-18 2
Section 4. That the following contaminants associated with the Site have been
detected within the designated groundwater at concentrations exceeding residential
assessment levels for potable use:
• tichloroethylene (TCE)
• Cis-1,2-Dichloroethylene (cis-1,2-DCE)
• vinyl chloride.
Section 5. That the use of the designated groundwater associated with Lot
1R1, Block 1; Lot 1 R2R1, Block 1; Lot 1 R2R2, Block 1; Lot 4, Block 1; Lot 3R1, Block 1;
Lot 2R1, Block 1; Lot 3R4, Block 1; and Lot 5RA, Block 1, Hayley Addition in the City of
Grapevine, Tarrant County, Texas for potable and irrigation purposes is hereby
prohibited. This prohibition is necessary because the contaminant concentrations
exceed potable water standards.
Section 6. That the City will provide advance written notice to the Texas
Commission on Environmental Quality, as much as is practicable, prior to enacting an
ordinance repealing or amending this section.
Section 7. That this ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Grapevine, Texas, as amended, except where
the provisions of this ordinance are in direct conflict with the provisions of such
ordinances and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
Section 8. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
Section 9. That any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than two thousand dollars
($2,000.00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Section 10. That all rights and remedies of the City of Grapevine, Texas, are
expressly saved as to any and all violations of the provisions of the ordinances amended
in Section 1, which have accrued at the time of the effective date of this ordinance and,
as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
ORD. NO. 2012-18 3
Section 11. That this ordinance shall be in full force and effect after its passage
and publication as required by law, and it is so ordained.
Section 12. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto to any person or circumstances is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance; and the City Council
hereby declares it would have passed such remaining portions of the ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
Section 13. That the fact that the present ordinances and regulations of the
City of Grapevine, Texas, are inadequate to properly safeguard the health, safety,
morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas,
creates an emergency for the immediate preservation of the public business, property,
health, safety and general welfare of the public which requires that this ordinance
become effective form and after the date of its passage and it is accordingly so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 1st day of May, 2012.
APPROVED:
William D. Tate
Mayor
ATTEST:
41Wirt.c4;63
Jo ' C. Brown
City Secretary
APPROVED AS TO FORM:
2
John F. Boyle, Jr.
City Attorney
ORD. NO. 2012-18 4
EXHIBIT= TO ,0 • aala"IF
Page ._.L of al,.....,
1 EXHIBIT •A"
MUNICIPAL SETTING DESIGNATION
A PORTION OF THE HAYLEY ADDITION
* METES & BOUNDS DESCRIPTION *
CONTINUED FROM SHEET 1 OF 2
THENCE 519'36'53"W, along the northwesterly line of said Lot 5R-1B, a distance of 225.43 feet, to a
1/2 inch iron rod found (Controlling Monument) on the northerly tight-of-way line of the
aforementioned State Highway No. 114, and being on a curve to the right whose center bears
N14'03'17"E, a distance of 1879.65 feet;
THENCE along said curve to the right and in a northwesterly direction with said northerly
right-of-way line, through a central angle of 14'04'40" for an arc length of 461.84 feet to an iron
rod set at the southeast corner of Lot 3R-3, Block 1, Hayley Addition, filed for record in Cabinet A,
Slide 246, P.R.T.C.T.;
THENCE N38'34'43"E, along the southeast line of said Lot 3R-3, a distance of 223.25 feet, to a 1/2
inch iron rod found at the northeast corner of said Lot 3R-3;
THENCE N55'04'34"W, along the northecst line of said Lot 3R-3, a distance of 101.42 feet, to a 5/8
inch iron rod found with a cap stamped "RPLS 5894" at the northwest corner of said Lot 3R-3;
THENCE S34'49'22"W, along the northwest line of said Lot 3R-3, a distance of 45,97 feet, to a 5/a
inch iron rod found with a cop stamped "RPLS 5894";
THENCE S38'34'43"W, continuing along said northwesterly line, a distance of 186.35 feet, to a 5/8
inch iron rod found on the northerly right-of-way line of said State Highway No. 114, and being on o
curve to the right whose center bears N31'09'47"E, a distance of 1879,65 feet;
THENCE along said curve to the right and in a northwesterly direction with the northerly right-of-way
line of said State Highway No. 114, through a central angle of 04'05'19" for an arc length of 134.13
feet, to an iron rod set at the southerly end of the aforementioned corner clip;
THENCE N23'06'22"W, along the northeasterly line of said corner clip, a distance of 81.40 feet, to the
POINT OF BEGINNING, and containing 10.0156 acres (436,280 square feet) of land, more or less.
The bearings recited hereinabove are based on the found manumentation of the southeasterly
right-of-way line of William D. Tate Avenue, as shown on the plat filed for record under the County
Clerk's File No. D211154731, Official Public Records, Tarrant County, Texas.
This metes and bounds description is Dosed a Boundary Survey of the subject property and was
performed on the ground May 3, 2011.
Iliam C. Haddock Dote -(�:•�0F..,T
Registered Professional Lend Surveyor 4c �4 �fo'9
Texas Registration No. 5764 sir w .iP
WILLIAM C. HADDOCK
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EXHIBIT "A°
MUNICIPAL SETTING DESIGNATION
A PORTION OF THE HAYLEY ADDITION
* METES & BOUNDS DESCRIPTION *
BEING a lot, tract or parcel of lend located in the Heirs J. B. Fay Survey, Abstract No. 530 and the
Heirs of Ambrose Foster Survey, Abstract No. 518, City of Grapevine, Tarrant County, Texas, and
being all of Lot 1R-1, Block 1, Hayley Addition, on addition to the City of Grapevine, Tarrant County,
Texas, according to the plot filed for record in Cabinet A, Slide 753, Plat Records, Tarront County,
Texas (P,R.T.C.T.), and all of Lots 1R2R-1 and 1R2R-2, Block 1, Hoyley Addition, filed for record in
Cabinet A, Slide 1506, P.R.T.C.T., and all of Lots 2R-1 and 3R-1, Block 1, Hayley Addition, filed for
record under the County Clerk's File No. 0211154731, Official Polio Records, Tarrant County, Texas
(O.P.R.T.C.T.), and all of Lots 3R-3 and 3R-4, Block 1, Hoyley Addition, filed for record in Cabinet A,
Slide 246, P.R.T.C.T., and all of Lot 4, Block 1, Hoyley Addition, filed for record in Volume 388-212,
Page 16, P.R.T.C.T., and all of Lot 5R-A, Block 1 Ilayley Addition, filed for record in Cabinet A, Slide
754, P.R.T.C.T., and being more particularly described by metes and bounds as follows:
BEGINNING at an "X" cut In concrete found at the northerly end of a corner clip located at the
intersection of the northerly right-of-way line of State Highway No. 114 (a variable width
right-of-way) and the southeasterly right-of-way line of William D. Tote Avenue (a variable width
right-of-way);
THENCE N25'50'05"E, along the southeasterly right-of-way line of said William D. Tate Avenue, o
distance of 189.81 feet, to a 5/8 inch iron rod found with a cap stamped "RPLS 5894";
THENCE N34'49'51"E, continuing along said southeasterly right-of-way line, of a distance of 220.13
feet, passing on "X" cut in concrete found (Controlling Monument) at the most northerly northwest
corner of the aforementioned Lot 3R-1, Block 1, and continuing in all a distance of 481.13 feet, to a
1/2 inch iron rod found (Controlling Monument) at the most northerly corner of the aforesaid Hoyley
Addition, and being the southwest corner of U.S. Postal Service Addition, on addition to the City of
Grapevine, Tarrant County, Texas, according to the plat filed for record in Volume 388-168, Page 64,
P.R.T.C.T.;
THENCE 554'56'34"E, along the common line of said Hoyley Addition and said U.S. Postal Service
Addition, a distance of 218.93 feet, to a 1/2 inch iron rod found;
THENCE S65'07'09"E, continuing along said common line, o distance of 246.02 feet, to a 5/8 inch
iron rod set with a cop stamped "JDJR" (hereinafter referred to as an iron rod set) of the most
northerly northeast corner of said Hayley Addition, and being at the northwest corner of Ball Street
Substation Addition, an addition to the City of Grapevine, Tarront County, Texas, according to the
plot filed for record in Cabinet A, Slide 3417, P.R.T.C.T.;
THENCE 500'04'19"E. along the west line of said Ball Street Substation Addition, at a distance of
208.00 feet, passing the southeast corner of said Ball Street Substation Addition and the northwest
corner of a called 0.37 acre tract of land described in the deed filed for record in Volume 9097,
Page 436, Deed Records, Dallas County, Texas, and continuing along the west line of said 0.37 acre
tract, in all o distance of 358.00 feet, to on iron rod set on the north line of Lot 5R-1B, Block 1,
Hayiey Addition, filed for record in Cobinet A, Slide 792, P.R.T.C.T.;
THENCE S89'65'01"W, along the north line of said Lot 5R-113, a distance of 24.50 feet. to an iron
rod set at the northwest corner of said Lot 5R-1B:
THENCE 500'04'19"E, along the west line of sold Lot 5R-1B, a distance of 129.41 feet, to on angle
point in said west line;
CONTINUED ON SHEET 2 OF 2
O COPYRIGHT 2012
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R = 1879.65' R i4 1879.65' `---�._
DELTA = 14'04'40" DELTA = 04'05'19" NOTE: See Exhibit "A" for metes & bounds
L = 461.84' L = 134.13' Qc COPYRIGHT 2012 description, Surveyor's Certification and Basis of
j Bearings description.
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