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HomeMy Public PortalAboutResolution No. 391-12 02-21-2012CITY OF RICHLAND HILLS RESOLUTION 391-12 No. A RESOLUTION IN SUPPORT OF THE APPLICATION OF QUIKTRIP CORPORATION AND FIVE STAR FORD TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION FOR PROPERTY AT THE SOUTHWEST CORNER OF N.E. LOOP 820 AND RUFE SNOW DRIVE NORTH RICHLAND HILLS, TEXAS WHEREAS, Chapter 361, Subchapter W, of the 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 properly 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 of the 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, QuikTrip Corporation and Five Star Ford (Applicant) filed an application with the City of North Richland Hills, Texas, for the issuance of a Municipal Setting Designation ordinance for property at the southwest corner of N.E. Loop 820 and Rufe Snow Drive, North Richland Hills, Texas, a 16.081-acre tract of land situated in the J.M. Vandusen survey, Abstract No. 1588, City of North Richland Hills, Tarrant County, Texas, being all of Lot 1R and Lot 2R-1, Block 1 of Five Star Ford addition, an addition to the City of North Richland Hills, according to the plat thereof filed for record in Instrument Number D211055406, official public records of Tarrant County, Texas, the metes and bounds description being attached hereto as Exhibit "A" (the "MSD Site"); and WHEREAS, the City of North Richland Hills approved Applicant's application and adopted a Municipal Setting Designation ordinance for the MSD Site on September 26, 2011; 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, 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, Now, therefore, be it resolved that the City Council of the City of Richland Hills, Texas, supports Applicant's application to the TCEQ for certification of a Municipal Setting Designation for the Site. PASSED AND APPRO ED by the City Council of the City of Richland Hills, Texas, on this the ~_ day of , 2011. r ~ ~~ or ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: ~~~~~u, ~ ~ u u ~ u~~,,~ \\\\ ~~~NI~.Np,y %,/, ~ ~ ~ ti ~'''~~m ~ n ~ ~ n~~~``~ City Attorney