HomeMy WebLinkAboutResolution - 2007-R0096 - Approve Application For Municipal Setting Designation - Prohibit Potable Use - 03_05_2007Resolution No. 2007—R0096
March 5, 2007
Item No. 6.5
RESOLUTION
WHEREAS, the City Council of the City of Lubbock, pursuant to section 28.171 et. seq.
of the Code of Ordinances of the City of Lubbock, approved and established by Ordinance the
City of Lubbock's request to designate the property located near Avenue J and 5a' Street in
Lubbock, Texas, more particularly described by metes and bounds in Exhibit A which is attached
hereto and incorporated herein as though set forth fully with a municipal settings designation;
WHEREAS, the groundwater beneath the property described in Exhibit A is
contaminated with certain contaminants as outlined and described in Exhibit B, which is attached
hereto and incorporated herein as though set forth fully herein;
WHEREAS, the City of Lubbock has established an ordinance outlining the procedure
for a party seeking to designate property with a municipal settings designation within the
corporate limits of the City of Lubbock with a municipal settings designation and as further
provided for under §361.801 et. seq. of the Texas Health and Safety Code;
WHEREAS, the ordinance granting the City of Lubbock's request to designate the
property described in Exhibit A with a municipal settings designation is attached hereto as
Exhibit C and incorporated herein as though set forth fully herein;
WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of
the public, health and safety of the citizens of the City of Lubbock for the State of Texas to
approve the City of Lubbock's application for a municipal settings designation for the property
described in Exhibit A thus prohibiting the potable use of the groundwater beneath the described
property and restricting the non -potable use of the groundwater beneath the described property;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT pursuant to Section 361.8065(a)(1) of the Texas Health and Safety Code and
pursuant to Section 28-178 (5)(a) of the Code of Ordinances of the City of Lubbock, the City
Council deems it to be in the best interest of the public, health and safety of the citizens of the
City of Lubbock for the State of Texas to approve the City of Lubbock's application for a
municipal settings designation for the property described in Exhibit A prohibiting the potable use
of the groundwater beneath the described property and restricting the non -potable use of the
groundwater beneath the described property.
Page 1 of 2
Passed by the City Council this 5th day of March , 2007.
CITY OF LUBBOCK, TEXAS
DAVID A. ALLER, MAYOR
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Dan Dennison, Director of Environmental Compliance
APPROVED AS TO FORM:
v
Matt6ew L. Wade, Natural Resources City Attorney
as/CCDOCS/resolution granting City MSD
February 28, 2007
Page 2 of 2
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51
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SECTION 79, BLOCK A �8•�0 ,
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[VOL. 6183, PG. 44)
EXHIBIT of "A" Resolution Na. 2007-R0096
Page 1 3
FLAT OF SURVEY
SHOWING
PROPOSED MUNICIPAL SETTING DESIGNATION
LOCATED IN SECTION 1, BLOCK 0 AND SECTION 79, BLOCK A,
CITY OF LUBBOCK.
LUBBOCK COUNTY,TEXAS
P.O.B.
FROM THIS POINT THE
N.W. COR. SEC. T, 130C 0
BEARS N 88'10'37" W, 1861,37'
_ _ MA_RSHA SH74RP FREEWAY N • i27B4 3.04
SECTION LINE n --- E - "9467,39
x . 7n8495.43 N 88e 10'37" W 74.29'
9"9395 ]
R 5629.58'
SECTION 1, BLOCK O L - 222.22'
CH,BRG. - S 44.45'43" E
222.20'
HWY�RlGHT ILAt. IE ^
i
S 1e 37'37" W 23.58'
/r--S 88.26'57" E 23.63'
BLOCK 9A
IVOL. 1775. PG. 829)
MEMORIAL
CENTER
ADON.
Y
O
0
In
0
W
LO
0
io
......... _ . ,. .... ............ .. E - 9 !
N 72
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....-...............8l.ndE•B ................
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. ..............;
1a1Oc DoVLS Lane
j 11; DQ - Icy-uo-- W 49C
EO.T. PLAT VOL, 5, PG. 3841
a BLOCK-,30
NOTES:
NAD 83 COORDINATES FOR THS SURVEY WERE OBTAINED FROM
A NGS OPUS SOLUTION BASED ON CORS STA.'S SU►IMERFIELD 1,
LUBBOCK RRP2 AND JAYTON.
BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, KAO 83. TEXAS NORTH CENTRAL
ZONE.
ALL DISTANCES SHOWN ARE SURFACE DISTANCES,
AVERAGE CONVERGENCE FOR THS SURVEY -P 49'32"
AVERAGE COMBINED rACTOR rOR THIS SURVEY 0.99976772
'N. S..Yy v,4 a Fler irrl Aerem k la ifa E+cld use 41
-D"OTEC601% 6 TOW RC. 6 1K Wy Or LLB8D71--
.w wlA 'Al b."Wa Ll16 "c* la R. poep9Re Im .AkA
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SWVEYOR PIS WOE NO WrS7101ITION 91 IIVMV 7A191 TCO
EASEWrt5 Of 1ECM, E6WOOM RESTRCTNE C09R9NES.
GV41GIi TITLE VAM. OT AW, DTHR FOSS *0 AN AM2ATE
" 9AaHN7 rMX Wjacll MAY 696A2
IC V11"S ARE LOWED A PART Or TI6 9AYET,
R - 5629.58'
:z 3]5. r? L - 174.48'
• R 9s7x.g5--a..-_., aC CH.BRG. - S 42e 25'58' E
5� 174.47'
'7
43
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---------------------
BLggc ;!9
O • FOUND %2" ROD WITH CAP
• - SET %y" ROD WITH CAP
UNLESS NOTED OTHERWISE
A LEGAL DESCRIPTION OF EVEN DATE H$1ZEW17H ACCOMPANIES THIS PLAT.
SURVEYED ON THE GRCUND JArjdA9Y 26 AND FEBRUARY S. 2007
RE RE OFESSIONAL LAND SURVEYOR F��w's k S
DATE' �._'-Q
e-
WILSON SURVEYING co., ING/�
Re9lelered P,ereaeiMaLantl Swveyera��/��!!))}}
GI-6-I PaldllanYp Syslem Sur�rVOra jCAly,7pS
...- -Tar s..11,. AIII�e fo` Iwe.a Te.re rM9 l�tff��'' ee�`GGJJ11��
alike e961A.47A NN.}1}.14i
Resolution No. 2007-ROO96
WILSON SURVEYING CO., INC. �
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA • NEVADA • UTAH
EXHIBIT "A"
Page 2 of 3'
MUNICIPAL SETTING DESIGNATION
LEGAL DESC€ZIPTION
Being a 8.84 acre tract of land out of Section 1, Block O and Section 79, Block A, City of .Lubbock, Lubbock County, Texas and being
more particularly described by metes and bounds as follows:
BEGINNING at a V20 iron rod with cap set at the intersection of the North line of Section 1, Block O, with the existing Westerly tight
of way line of the Burlington Northern and Santa Fe Railroad for a comer of this 8.84 acre tract, whence the Northwest comer of said
Section 1, Block 0, bears North 88010'37" West, a distance of 1861.37 feet;
THENCE North 88010'37" West, along the North line of said Section 1, Block O, a distance of 74.29 feet to a point for a comer of this
8.94 acre tract;
THENCE Southeasterly, along the existing Westerly right of way line of the Burlington Northern and Santa Fe Railroad, being the arc
of a curve to the right an arc distance of 222.22 feet to a y2" Iron rod with cap, set for a corner of this 8.84 acre tract and a right of
way comer of said Burlington Northem and Santa Fe Railroad, said curve having a radius of 5629.58 feet and a chord that bears
South 4404643" East, a distance of 222.20 feet;
THENCE South 01'37'37" West, along the existing right of way line of the Burlington Northern and Santa Fe Railroad, a distance of
23.58 feet to a W iron rod with cap,. found for a right of way comer of said Burlington Northern and Santa Fe Railroad and a corner
of this 8.84 acre tract;
THENCE South 88026'57" East, along the existing right of way line of the Burlington Northern add Santa Fe Railroad, a distance of
23.63 feet to a y2" iron rod with cap, found for a right of way comer of said Burlington Northern and Santa Fe Railroad and a corner
of this 8.84 acre tract;
THENCE Southeasterly, along the existing Westerly right of way line of the Burlington Northern and Santa Fe Railroad, being the arc
of a curve to the right an arc distance of 174.48 feet to a Y2" iron rod with cap, set for the most Southerly Northeast corner of this
8.84 acre tract and a right of way corner of said Burlington Northern and Santa Fe Railroad, said curve having a radius of 5629.58
feet and a chord that bears South 42025158" East, a distance of 174.47 feet;
THENCE South 0103737" West, along the East line of a 20 foot alley lying between Blocks 7 and 23, Original Town of Lubbock, a
distance of 518.70 feet to a V2" iron rod with cap, set for the Northwest corner of the East half of Block 39, Original Town of Lubbock
and the Southeast comer of this 8.84 acre tract;
THENCE North 88018'08" West, along the existing South right of way line of Mac Davis Lane, a distance of 490.05 feet to a V2" iron
rod with cap, set for the Northwest corner of Block 38, Original Town of Lubbock, and being the Southwest corner of this 8.84 acre
tract;
THENCE North 01146'05" East, along the East line of Block 9A, Memorial Center Addition and West line of Blocks 22 and 6, Original
Town of Lubbock, projecting this line a distance of 1045.00 feet to a point of intersection with the Westeriy right of way line of the
Burlington Northem and Santa Fe Railroad, set a Y2" iron rod with cap for the most Northerly comer of this 8.84 acre tract;
THENCE Southeasterly, along the existing Westerly right of way line of the Burlington Northem and Santa Fe Railroad, being the arc
of a curve to the right an arc distance of 340.83 feet to the point of beginning, said curve having a radius of 5679.58 feet and a
chord that bears South 4700241" East, a distance of 340.78 feet.
(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 - Lubbock, Texas 79413
Resolution No.
WILSON SURVEYING CO., INC.
Registered Professional Land Surveyors
Global Positioning System Surveyors
TEXAS • NEW MEXICO • ARIZONA * NEVADA • UTAH
EXHIBIT "A"
Page 3 of 3
Notes:
A plat of even date herewith accompanies this legal description.
Bearings shown are grid based on the Texas State Plane Coordinate System,
NAD 83, Texas North Central Zone.
All distances shown are actual surface distances.
Average Convergence for this survey is-01149'32"
Average Combined Factor for this survey is 0.99976772
SURVEYED ON THE GROUND JANUARY 26 AND rEBRUARY S, 2007
Registered P essional Land Surveyor
i'".... .. .....'
GARY 6- WRSON
Date:
.........................
FB.#459, P.2-3
Enprotec.doc
#35,522
(806) 792-4731 • Fax (806) 792-1646.3330 70th Street, Suite 201 • Lubbock, Texas 79413
Resolution No. 2007-R0096
Exhibit "B"
1 of 2
The data show that the groundwater at the proposed MSD is contaminated with the
following class of chemicals greater than their TRRP protective concentration levels
(PCLs):
• Volatile Organic Compounds
Semi -volatile Organic ompounds
• Total Petroleum Hydrocarbons
Exhibit B
Contaminant Summary
Lubbock 'Power and Light Plant #1 - Lubbock, Texas
Contaminant
CAS #
Class
Max
concentration
{mglL)
Location
Sample Date
TRRP Tier 1
CA PCL
(mg/L)
a PCL?
Benzene
71-43-2
VOC
26.2
MW-1
7/21/2001
0.005
Y
Toluene
VOC
49.5
MW-13
7/21/2001
1
Y
Ethyl Benzene
100-41-4
VOC
49.2
MW-13
7/21/2001
0.7
Y
Xylenes
VOC
284.2
MWA3
7/2112001
10
Y
CB-CID12
N/A
TPH
1340
MW-13
7121/2001
2.9
Y
C10,12-C20
NIA
TPH
120
MW-13
7/21/2001
2.9
Y
p-Isopropyl toluene
(4-Isopropyl toluene)
(p-Cymene)
99-87-6
VOC
28
MW-13
7/21/2001
7.3
Y
1,2-Dichloroethane (EDC)
107-06-2
VOC
0.213
MW-2
7/21/2001
0.005
Y
1,1-Dichloroethene
75-35-4
VOC
0.33
MW-32
116/2000
0.007
Y
Ispropyl benzene
98-82-8
VOC
7.63
MW-13
7/21/2001
7.3
Y
napthalene
91-20-3
VOC
32.2
MW-13
7/21/2001
1.5
Y
n-propyl benzene
103-61-5
VOC
32.6
MW-13
7/21/2001
2.9
Y
1.1,1 Trichlorethane
71-55-6
VOC
0.37
MW-32
1/612000
0.2
Y
1,2,4Trim ethylbenzene
95-63-6
VOC
188
MW-13
7/21/2001
3.7
Y
1,3,5-Trimethylbenzene
108-67-8
VOC
56.2
MW-13
7121/2001
3.7
Y
Vinyl chloride
75-01-4
VOC
0,105
MW-35
7/2112001
0.002
Y
2-Methylnapthalene
91-57-6
SVOC
4.95
MW-13
7121/2001
0.29
Y
Page 2 of 2
Resolution No. 2007-R0096
EXHIBIT C
Please note that Exhibit C is the Municipal Settings Designation Ordinance under
consideration as a separate item on today's agenda.