From
Cindy Mendez, Environmental Quality Manager
Title
Public Hearing and Ordinance for a Municipal Setting Designation for 1102 W. North Carrier Parkway; 1111, 1123-1139 W. North Carrier Parkway; 2005 & 2009 N. Great Southwest Parkway; and 1097, 1121, 1125, and 1129 Avenue R, Grand Prairie, Texas
Presenter
Jim Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
See attached Staff Report
Financial Consideration
The applicant has paid a $5,000 application fee.
Body
AN ORDINANCE ESTABLISHING 1102 W. NORTH Carrier Parkway, 1111, 1123-1139 W. NORTH Carrier Parkway; 2005 & 2009 N. Great Southwest Parkway; and 1097, 1121, 1125, and 1129 Avenue R, Grand Prairie, Texas, including abutting right of way AS DESCRIBED AS Site 2, Block 2, First Installment, Industrial Community No. 6, Great Southwest Industrial District Volume 388-130, Page 17; Site 2, Block 5, Third Installment, Industrial Community No. 5, Volume 388-86, Page 47; Lot 2, Site 1, Block 5, Parcel II, Third Installment, Industrial Community No. 5, Volume 388-121, Page 13; Site 7, Block 5, Parcel II, Third Installment, Industrial Community No. 5, Volume 388-124, Page 90; Site 4, Parcel II, Block 5, Third Installment, Industrial Community No. 5, Volume 388-118, Page 95; Penn Arlington, Inc., Volume 388-123, Page 63 AS RECORDED IN PLAT RECORDS, TARRANT COUNTY, TEXAS AS A MUNICIPAL SETTING DESIGNATION SITE; PROVIDING FOR THE PROHIBITION OF GROUNDWATER FOR POTABLE AND IRRIGATION PURPOSES FOR THE SITE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
WHEREAS, the City Council of the City of Grand Prairie adopted Ordinance No. 7329 on January 3, 2006 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, Valeo Climate Control (Applicant) has filed an application with the City of Grand Prairie for the City's approval of a Municipal Setting Designation (MSD) at Site 2, Block 2, First Installment, Industrial Community No. 6, Great Southwest Industrial District Volume 388-130, Page 17; Site 2, Block 5, Third Installment, Industrial Community No. 5, Volume 388-86, Page 47; Lot 2, Site 1, Block 5, Parcel II, Third Installment, Industrial Community No. 5, Volume 388-121, Page 13; Site 7, Block 5, Parcel II, Third Installment, Industrial Community No. 5, Volume 388-124, Page 90; Site 4, Parcel II, Block 5, Third Installment, Industrial Community No. 5, Volume 388-118, Page 95; Penn Arlington, Inc., Volume 388-123, Page 63)as recorded in Tarrant County, Texas located at for 1102 WN Carrier Parkway, 1111, 1123-1139 WN Carrier Parkway; 2005 & 2009 N. Great Southwest Parkway; and 1097, 1121, 1125, and 1129 Avenue R, Grand Prairie, Texas, including abutting right of way more fully described in Exhibit "A" attached hereto and incorporated within 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, the City Council of the City of Grand Prairie 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 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 the human health; and
WHEREAS, City Council has found that the passage of the Ordinance serves the best interests of the health, safety, and safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That for purposes of this Municipal Setting Designation ordinance, the "designated" property means the property described in Exhibit A, attached to the ordinance.
SECTION 2: That for the purpose of this Municipal Setting Designation ordinance, the "designated groundwater" means water below the surface of the designated property to a depth of 100 feet. The designated groundwater is the saturated soil or the groundwater bearing unit located between the ground surface and the Eagle Ford Shale formation. This shallow groundwater is in alluvial terrace deposits located above the Eagle Ford Shale and uppermost Woodbine Formation which underlie the site. The designated groundwater zone is characterized by clays, clayey sands and silty sands above the bedrock unit (Eagle Ford Shale).
SECTION 3: That the use of the designated groundwater from beneath the designated property as potable or irrigation water is prohibited. This prohibition is necessary because the contaminant concentrations exceed potable water standards.
SECTION 4: That chlorinated solvents have been detected within the designated groundwater at concentrations exceeding residential assessment levels for potable use.
SECTION 5: That the City will provide at least sixty (60) days written notice to the Texas Commission on Environmental Quality prior to enacting an ordinance repealing or amending this ordinance.
SECTION 6: That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect validity of the remaining portions thereof.
SECTION 7: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 8: All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of said duties.
SECTION 9: That any person, firm, or corporation who violates any provision of this ordinance or violates any requirement established is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation.
SECTION 10: That this ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 5TH DAY OF FEBRUARY, 2013.