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Home My WebLink AboutORD 2006-038 ORDINANCE NO. 2006-38 AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY OF GRAPEVINE CODE OF ORDINANCES, AS AMENDED, BY THE ADDITION OF SECTION 25-211, "MUNICIPAL SETTING DESIGNATION"; ESTABLISHING LOT 1, BLOCK 1, ELLIOTT'S HARDWARE 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; 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, Bank of the West (Applicant) has filed an application with the City of Grapevine for the City's approval of a Municipal Setting Designation (MSD) for Lot 1, Block 1, Elliott's Hardware Addition, the 4.568 acre site located at 108 West Northwest Highway, 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 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 of the City of Grapevine Code of Ordinances, as amended, is hereby amended by the addition of Section 25-211, "Municipal Setting Designation" as follows: "Section 25-211. Municipal Setting Designation (a) Lot 1, Block 1, Elliott's Hardware Addition" Section 3. The designated groundwater beneath Lot 1, Block 1, Elliott's Hardware Addition 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 and clayey sands above the bedrock unit found 30 to 35 feet below grade in state registered wells near the site. Measured depth to the saturation in the designated groundwater during investigation work was 10.87 to 15.71 feet below grade in groundwater monitoring wells at the site. Section 4. The following contaminants associated with historical uses of the Site have been detected within the designated groundwater at concentrations exceeding residential assessment levels for potable use: • Benzene • Ethyl benzene • Ethylene dibromide (dibromoethane, 1,2- ) • Toluene • 8-10 C aromatics (TPH) ORD. NO. 2006-38 2 Section 5. The use of the designated groundwater associated with Lot 1, Block 1, Elliott's Hardware Addition to 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. 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. 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. 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. 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. 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. 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. 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 from and after the date of its passage and it is accordingly so ordained. ORD. NO. 2006-38 3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of June, 2006. APPROVED: William D. Tate Mayor ATTEST: n a f4L uff /. City Secretar /, APPROVED AS TO FORM: 2 John F. Boyle, Jr. City Attorney ORD. NO. 2006-38 4 — --- ------------------ I 1 ii , Q g 8 i . il i 11 ii ft‘ti! 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