HomeMy Public PortalAboutResolution No. 318-08 04-08-2008 318-08
RESOLUTION NO.
A RESOLUTION IN SUPPORT OF THE APPLICATION OF BOBBY COX
COMPANIES, INC. TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING
DESIGNATION FOR PROPERTY LOCATED AT 3709 EAST FIRST
STREET, FORT WORTH, TEXAS
WHEREAS, Chapter 361, Subchapter W, ofthe Texas Solid Waste Disposal Act authorizes
the Texas Commission on Environmental Quality (TCEQ) to certify Municipal Setting Designations
for properties upon receipt and approval of a property submitted application to TCEQ; and
WHEREAS, as a part of the application to TCEQ for a Municipal Setting Designation, the
applicant is required to provide documentation that the application is supported by: (1) the city
council ofthe municipality in which the site is located, (2) the city council of each municipality with
a boundary located not more than one-half mile from the Site, (3) the city council of each
municipality that owns or operates a groundwater supply well located not more than five miles from
the Site, and (4) the governing body of each retail public utility as defined by Section 13.002, Texas
Water Code, that owns or operates a groundwater supply well located not more than five miles from
the Site; and
WHEREAS, Bobby Cox Companies. Inc. (Applicant) filed an application with the City of
Fort Worth, Texas, for the issuance of a Municipal Setting Designation ordinance for the property
located at 3709 East First Street, Fort Worth, Texas, more fully described in Exhibit "A" (the "MSD
Site"); and
WHEREAS, the City of Fort Worth approved Applicant's application and adopted a
Municipal Setting Designation ordinance for the MSD Site on February 19`'', 2008; and
WHEREAS, the City of Richland Hills owns and operates one or more public supply wells
located within five miles of the MSD Site; and
WHEREAS, the Applicant has appeared before the City Council of the City of Richland
Hills and represented and presented expert engineering reports indicating that it is extremely
unlikely that contamination from the MSD site would negatively impact the public water supply or
public supply wells of Richland Hills, and poses no appreciable threat to such public water supply
or public supply wells; and
WHEREAS, following the issuance of a supporting resolution by each municipality and
retail public utility for which approval is required, Applicant will submit to TCEQ an application
for certification of a Municipal Setting Designation for the Site pursuant to Texas Health and Safety
Code, Chapter 361, Subchapter W.
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NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
The City of Richland Hills supports Applicant's application to the TCEQ for certification
of a Municipal Setting Designation for the MSD Site.
PASSED AND PR VED by the City Council of the City of Richland Hills, Texas on
this the day of ~ , 2008.
e Honorable David L. R an, Mayor
ATTEST: \~~~~~~unui~iiiiiii
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City Secretary, Linda Cantu _ ~
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APPROVE AST RM LEGALITY:
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Tim G. Sralla, City Attorney
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