HomeMy WebLinkAboutItem 07 - Municipal Setting Designation MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER���
MEETINC DATE: JANUARY 17, 2017
SUBJECT: ORDINANCE AMENDING SECTION 25 OF THE CITY CODE OF
ORDINANCES TO ADD SECTION 25-211(d), MUNICIPAL
; SETTING DESIGNATION
RECOMMENDATION:
City Council to consider an ordinance amending Section 25-211, Municipal Setting
Designation, of the City Code of Ordinances to add the following:
• "(d) Lot 1 R, Block 2, Hilltop Addition"
and take any necessary action.
BACKGROUND:
Upon conclusion of the Public Hearing for the MSD application by TRG Au�a Grapevine,
LLC for their site (Lot 1 R, Block 2, Hilltop Addition) 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.
. JSL/ds
ORDINANCE NO. 2017-001
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, ADDING SECTION 25-
211(d); ESTABUSHING LOT 1 R, BLOCK 2, HILLTOP
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; 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, TRG Aura Grapevine, LLC (Applicant) has filed an application with
the City of Grapevine for the City's approval of a Municipal Setting Designation (MSD) for
Lot 1 R, Block 2, Hilltop Addition, a 5.0784 acre site located at 404 East Dallas Road,
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; 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, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
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 adding the following:
• "(d) Lot 1 R, Block 2, Hilltop Addition"
Section 3. That the designated groundwater beneath Lot 1 R, Block 2, Hilltop Addition,
City of Grapevine, Tarrant County, Texas is the shallow water table of the designated
property. This shallow groundwater is in alluvial soils which lie over 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 shale
bedrock unit encountered befinreen 10 and 25 feet below ground surface.
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:
Ordinance No. 2017-001 2
• trichloroethylene (TCE)
• Cis-1,2-Dichloroethene (cis-1,2-DCE)
Section 5. That the use of the designated groundwater associated with Lot 1 R,
Block 2, Hilltop 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.
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
Ordinance No. 2017-001 3
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 17th day of January, 2017.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
Ordinance No. 2017-001 4
�
EXHIBIT "A"
�� � ��, ��6D■ � � `�� �J � �y� �Y �� 3pbL'< • a4 � �� � b�� �' m N p^ b
� � � R �!�' sa � �l �°
Q��a�� �� �SS���� ���E., ��i dE a @<��a� ��� 1�}s��g! ¢5 ��� �1f �E ti � x o� � �
� N ! � � � C A� � g i �`• .i
�R! r��� ��� � x8� ��� �■ ����D ��s ��i1 � D� aR�� �E 3� �� �� � � �
x °� � � �-� � �Q� r �" �e � p `jj■a kp� %..�s� �e k�k` ;� � � ti � �- � �
� �gi����8�! ���t� �gs�� ��� �'a � ���e�i! �§i �¢�b�b �M ���¢ a� ���,� ��$ *�r� � �ffi��T,��� ��
9 � 9 �+ e 4 � � e !y � y ��8 3 �l��� s �s� %� � � h� �I �
il�' � ��t �.� � �� �� � 3 E� � �s� �3� � � sqR �j� �es ��� ��<����S
� xr�pr� 5 � � �1�f ���� ����
s .!b �� ���.�� ��E.� ! � yQ p a � 1�l� �sMY�3�i �� i� $A �e i@�' :R �
5 i � s� B �iaxx �i�G� Cb� �� C �'��z�� d�� � Q�r � 5��i° sC �� ° � I�(
� � �. �0 �eQ hy0�� ��!¢ }R g � se � h�� k��- r �� x�Ya� �f� �`� •�B �� � ►��� cJ '^� �
!r�1 �'�� 1� � !¢ s b 8 b= p B�� -!. p � *_=•E � w �S� �e A f � PP1 2 ��
�A��a�x�� �" �� 05�5� ��Q �° �� BEr ff�� �gf p�p��� t� r'� s' � R � �r Q< � � �
� �� 5 i �'§ �� � � ��' g O �W o
y�� ��.�� _��.f �r,,i &�� !� ���i iqc��p� 6p� 6p� f $ �y4 ���� �.. m �
_l�������� �§��Ra !�@9! �3� �Q !fl l�41Ge� R5I� �ie�ffi� Ra� R�1Ci�Y ��8 l�J� � � �� 3 �
. � � �
8� ����a3
g_ s`
� &
�$ ���:
�� �. � y�� ������
���. �g � � '" � �
���� �
- �s ...�.�._...a.r.e.s -�
��' �
�
i33ais } I
A31000 #) � �;
� � �
r
L � J��
, •�a
� g - ,�� �' ��
!� r� F �34i x 9 �
�� ��i ro u �"� ��� �
4 '~ F
� J�V�d �N ��G
���� Q �ii �� aN N��
s'
��� � 4�
. •'�',..:.,.�.' _—' � � b --`------------ � .�r•a.-�.i..00naw ___
� ....wuw p ,n�'-—
(.Pt�OIIUIY LR�M)
N � � 133!!1S Alia38
:
� .,ti'.f.�.:
� J 4
��� a ,�� . � 1���
�y 5 a� • 4�a
.�f: p .. p
� }} � t7�y . �i C y}
�� R� �
3 � y � � �id '' 9�� ,�`Yi
. �Wa l � � �"_'"_'_'._._' _*L_'_" ��',0��
. i � � � • g � �•'���
W p --
= 5 n��
p���EQ �� ���q ���
. -�, � �i Jtm-l.�4stss w
.. .� f we-�o-Lnr waa�weYw)
133a18 Nr3P
J 4�4��� �i g���6 � ,.».���$s 41
� � ib'� � �� ' •3 �
�._ 4
Ordinance No. 2017-001 5