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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. MSD Bobby Cox Companies Page 1 W:Utichland HiIIs~Resolution~MSD Bobby Cox Companies3.I 1.O8.wpd 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 ` s ~ y~' ~ f"M= City Secretary, Linda Cantu _ ~ _V 1 APPROVE AST RM LEGALITY: /1A'L` Tim G. Sralla, City Attorney MSD Bobby Cox Companies Page 2 W:~Richland HiIIslResolution~MSD Bobby Cox Companies3.l 1.08.wpd