HomeMy WebLinkAboutItem 10 - Air Monitoring StationITEM /0
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER U
MEETING DATE: JANUARY 4, 2000
SUBJECT: RESOLUTION TO ALLOW
RESOURCE CONSERVATION
MONITORING STATION
RECOMMENDATION:
FOR A TEXAS NATURAL
COMMISSION (TNRCC) AIR
City Council to consider approval of a Resolution to allow the Texas Natural Resource
Conservation Commission (TNRCC) to locate an air monitoring station on City leased
property and authorize the City Manager as signatory.
FUNDING SOURCE:
Not Applicable.
BACKGROUND:
The Dallas/Fort Worth Metropolitan Area (DFW) has been upgraded to a serious non -
attainment area for ozone national ambient air quality standards by the U.S.
Environmental Protection Agency (EPA). This new designation by EPA requires
additional air monitoring in the DFW Area. The TNRCC regional office has identified an
area in northeast Grapevine as suitable for an air monitoring station and has requested
the City's permission to locate and operate the air monitoring station.
The targeted property is just north of the Lake Grapevine emergency spillway on the
east side of Fairway Drive adjacent to Rockledge Park. The City has leased the
property from the Corps of Engineers and does not have any current or planned facilities
at this site. The facility is a continuous air monitoring system housed in a fiberglass
trailer with metal roof approximately 24 feet long, 8 feet wide, with a 32.5 foot high
weather tower. The ground lease is 40 feet by 40 feet and will be enclosed by a six-foot
foot high wire mesh fence. The station will be unmanned except for routine
maintenance visits by the TNRCC staff occurring approximately two times each week.
December 28, 1999 (4:08PM)
The City has the right to terminate the agreement and reclaim possession and use of the
site with 30 days notice. The City attorney has reviewed the Air Monitoring Site
Agreement and found it to be acceptable. Staff recommends approval.
December 28, 1999 (4:08PM)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, APPROVING THE AIR
MONITORING SITE AGREEMENT REQUESTED BY THE
TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION TO LOCATE AN AIR MONITORING
FACILITY ON CITY LEASED PROPERTY FROM THE
UNITED STATES CORPS OF ENGINEERS TO ASSIST IN
GATHERING INFORMATION RELATIVE TO AIR QUALITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, state and local governments are charged with the responsibility of
ensuring air pollution standards are met to provide for the health and welfare of our
respective constituency; and
WHEREAS, the Texas Natural Resource Conservation Commission (TNRCC)
has been delegated the regulatory responsibility to ensure air quality standards by the
United States Environmental Protection Agency; and
WHEREAS, the Dallas/Fort Worth Metropolitan Area has been designated as a
serious non -attainment area for ozone national ambient air quality standards by the
United States Environmental Protection Agency; and
WHEREAS, the City of Grapevine has property leased from the United States
Corps of Engineers that has been identified by the TNRCC as necessary for the location
of an air monitoring station; and
WHEREAS, the City of Grapevine approves the lease agreement with the
TNRCC as presented in Exhibit "A" for the location of an air monitoring station on City
leased property.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble to this resolution are true
and correct and are incorporated herein as if copied in their entirety.
Section 2. That the City Council approves the air monitoring site agreement
requested by the Texas Natural Resource Conservation Commission to locate an air
monitoring facility on City leased property from the U.S. Corps of Engineers to assist in
gathering information relative to air quality.
Section 3. That this resolution shall become effective from and after the date
of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this 4th day of January, 2000.
ATTEST:
RES. NO.
2
AIR MONITORING SITE AGREEMENT
The City of Grapevine hereby agrees to permit the Texas Natural Resource
Conservation Commission (TNRCC) to locate and operate a continuous air monitoring
station on land owned by the U.S. Corps of Engineers on the east end of Grapevine
Lake, and leased to the City of Grapevine. The term of this agreement is five years
from the date this agreement is executed, and is renewable for a five-year term
thereafter, upon agreement by the TNRCC and the City of Grapevine.
1. Property Location
The site is in the far northwest corner of the land leased for the city golf course. It is
located on the east side of Fairway Road, across from the entrance to Rockledge Park.
2. Air Monitoring Equipment
The proposed method of monitoring is with a continuous air monitoring system housed
in a fiberglass trailer, with a metal roof, approximately 24 feet long, 8 feet wide, and 10
feet high, plus auxiliary equipment outside the trailer, including a 10 meter weather
tower. The station will require a ground space approximately 40 feet long by 40 feet
wide, enclosed by wire mesh fencing. The site will be surfaced with crushed rock. The
trailer will be environmentally controlled and will contain instrumentation, as deemed
appropriate by the TNRCC as well as peripherals required for the proper operation of
the instruments.
3. Provision for Utilities
The TNRCC will arrange and pay for ground preparation, fencing, telephone and
electrical installation and service.
4. Occupation of the Station
The station will normally be unmanned, except for routine maintenance visits by
theTNRCC staff (during regular working hours) occurring approximately two times each
week.
5. Right of Access
The TNRCC, its employees, agents, and others in association with the TNRCC shall
have the right of ingress and egress to the property.
6. Liability and Indemnity
The TNRCC acknowledges that it is not an agent, servant, or employee of the City of
Grapevine, and that it is responsible, to the extent provided by law, for its own acts and
deeds and for those of its agents, servants or employees during the term of this
agreement. The law permitting, the TNRCC will indemnify the City for tort claims arising
from the negligent maintenance or operation of the equipment, provided the legislature
appropriates funds to satisfy such claims. However, as restricted by the Texas
Constitution, any provision in this agreement creating a debt against the State is void ab
initio. Further, in no way does the foregoing declaration waive the State's sovereign
immunity.
7. Restoration of Property
The TNRCC shall make reasonable repairs and/or replace any property of the City of
Grapevine damaged by the TNRCaC"s operations conducted on the property to the
extent funds are made available by the Texas Legislature for this purpose. Upon
removal, and at the request of the City of Grapevine, the TNRCC shall restore the
property to the condition it was in prior to the installation of the monitoring equipment, to
the extent funds are made available by the Texas Legislature for this purpose.
8. Removal of Property
Any property of the TNRCC permitted to be placed on or kept at the property described
above shall be removed within forty-five (45) working days after termination of this
agreement.
9. Equipment to Remain Property of the TNRCC
All equipment connected or related to the Air Monitoring Station shall remain the
property of the TNRCC.
10. Notice to Vacate
If the City of Grapevine wishes to terminate this agreement and reclaim possession and
use of the site described in this agreement, the City of Grapevine shall give the TNRCC
thirty (30) days written notice to vacate the site. The City of Grapevine shall make a
reasonable effort, however, shall not be required, to furnish an alternate location to the
TNRCC in the area as determined suitable by the City of Grapevine and agreed to by
the TNRCC. The TNRCC may also terminate this agreement upon thirty (30) days
written notice to the City of Grapevine.
11. Sovereign Immunity
The City of Grapevine agrees that by entering into this Lease Agreement, TNRCC does
not wave the State's sovereign immunity relating to suit, liability, and the payment of
damages. The parties agree that all claims, suits, or obligations arising under or related
to this Agreement are subject to and limited to the availability of funds appropriated by
the Texas legislature for that respective claim, suit, or obligation.
12. Severability
The fact that a particular provision is held under any applicable law to be void or
unenforceable in no way affects the validity of other provisions and the Agreement will
continue to be binding on both parties. Any provision that is held to be void or
unenforceable will be replaced with language that is as close as possible to the intent of
the original provision.
13. Entire Agreement
This agreement constitutes the entire agreement of the parties as to the subject matter
contained herein and may not be changed, modified, discharged, or extended except
by written instrument duly executed on behalf of the parties.
WITNESS OUR HANDS:
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
Signature of Authorized Representative
Steve Spaw, P.E.
Printed or Typed Name of Representative
Director. Monitoring Operations Division
Title
Date
City of Grapevine
Signature of Authorized Representative
Printed or Typed Name of Representative
Title
Date