HomeMy WebLinkAboutItem 03 - Faith Christian School11E #
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: DECEMBER 6, 2011
SUBJECT: ORDINANCE AMENDING SECTION 25 OF THE CITY CODE OF
ORDINANCES TO ADD SECTION 25 — 211 (b), MUNICIPAL
SETTING DESIGNATION AND TO ESTABLISH RESTRICTIONS
ON THE USE OF GROUNDWATER AT LOT 1A, BLOCK 1,
FAITH CHRISTIAN SCHOOL
RECOMMENDATION:
City Council consider adopting an ordinance amending Section 25 -211, Municipal
Setting Designation, of the City Code of Ordinances to add the following:
"(b) Lot 1A, Block 1, Faith Christian School ", and
take any necessary action.
BACKGROUND INFORMATION:
Upon conclusion of the Public Hearing for the MSD application by Faith Christian School
for their site, Lot 1A, Block 1, Faith Christian School, City Council must adopt an
ordinance restricting the use of ground water on the subject site for the MSD process to
continue.
Section 25 — 211 in the City Code of Ordinances restricts those sites listed under this
subsection as required by Ordinance No. 2005 -79 and by State Law.
Staff recommends approval.
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RMGENDA12011\12- 06- 111AGM MSD ORD - SECTION 25- 211(b).doc
December 1, 2011 (9:44AM)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25 UTILITIES
AND SERVICES OF THE CITY OF GRAPEVINE CODE OF
ORDINANCES, AS AMENDED, BY THE ADDITION OF
SECTION 25- 211(b); ESTABLISHING LOT 1A, BLOCK 1,
FAITH CHRISTIAN SCHOOL 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; 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, Faith Christian School, Inc. (Applicant) has filed an application with
the City of Grapevine for the City's approval of a Municipal Setting Designation (MSD)
for Lot 1A, Block 1, Faith Christian School, a 13.397 acre site located at 729 East
Dallas Rd., Grapevine, Texas, more fully described in Exhibit "A ", 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; an
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;
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:
" (b) Lot 1A, Block 1, Faith Christian School"
Section 3 That the designated groundwater beneath Lot 1A, Block 1, Faith
Christian School to the 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 and uppermost Woodbine Formation which underlie the site. The
designated groundwater zone is defined as clays, silty clays, and sandy clays above the
bedrock unit found approximately 30 feet below ground surface (bgs) underlain by shale
bedrock or a tight dense clay below a depth of 30 feet bgs, based on site soil boring
logs. Saturated soils observed during monitoring well installation were present at
depths ranging from approximately 15 to 25 feet bgs. And, due to the confining nature
of the overlying lithology, the depth to groundwater in the monitoring wells typically
ranges from 5 to 15 feet bgs.
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:
trichloroethylene (TCE)
ORD. NO. 2
• 1,1- Dichloroethylene (1,1 -DCE)
•
Cis- 1,2- Dichloroethylene (cis -1,2 -DCE)
•
trans- 1,2- Dichloroethylene (trans -1,2 -DCE)
• 1,1- Dichloroethane (1,1 -DCA)
• vinyl chloride.
Section 5 That the use of the designated groundwater associated with Lot
1A, Block 1, Faith Christian School 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.
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.
ORD. NO. 3
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 6th day of December, 2011.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
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