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Home My WebLink AboutResolution - 2013-R0208 - Approve Texas Instruments Incorporated Application-Municipal Setting Designation - 07/11/2013Resolution No. 2013-RO208 July 11, 2013 Item No. 6.3 RESOLUTION WHEREAS, pursuant to Article 22.10 of the Code of Ordinances of the City of Lubbock, Texas, Texas Instruments Incorporated has requested to designate the property of the former Texas Instruments Facility, 2301 North University Avenue, Lubbock, Texas, more particularly described as a 203.377 acre tract of land located in Tract A of the Texas Instruments Addition, Lubbock County, Texas, and even 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; and 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; and 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; and WHEREAS, the ordinance granting Texas Instruments Inc. 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; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety, and welfare 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: SECTION 1. THAT pursuant to Section 361.8065(a)(1) of the Texas Health and Safety Code and pursuant to Section 22.10.008 of the Code of Ordinances of the City of Lubbock, the City Council deems it to be in the best interest of the health, safety, and welfare of the citizens of the City of Lubbock, for the City of Lubbock to approve the Texas Instruments Incorporated 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. SECTION 2. THAT pursuant to Section 361.8065(a)(1) of the Texas Health and Safety Code and pursuant to Section 22.10.008 of the Code of Ordinances of the City of Lubbock, the City Council deems it to be in the best interest of the health, safety, and welfare of the citizens of the City of Lubbock, for the City of Lubbock to support a municipal settings designation application for the same property to the Texas Commission on Environmental Quality, provided that the Texas Commission on Page] of 2 Environmental Quality takes into account the public concerns regarding the possibility of contaminants migrating off-site after the site has been closed and strongly considers requiring annual, on-site, post -closure, monitor well sampling along the downgradient boundary of the municipal setting designation in order to ensure that contaminants have not migrated beyond the property boundaries of the municipal setting designation. Passed by the City Council this llthday of July , 2013. CITY OF UiBBIOC',K/TEXAS GLW V. ROMERTSON, MAYOR ATTEST: Reb cca Garza, City Secret APPROVED AS TO CONTENT: + - P'Z'tj R. Keith, mith, P.E. Chief Operating Officer r2�%G Aubrey A. ear, P.E. Director ofWater Resources APPROVED AS TO FORM: Laura . W. Pratt Assi t City Attorney Resolution - MSD Texas Instruments 6.5.13 (Post -Closure Monitoring) Page 2 of 2 N a....ef off• N:7.292.]S5 7 F•939,717.5 b b Ea.le i'�SAO V a 0 Be dg• 34' E Lar e• t.avon CTCarrs fel. 16 tare+ a SLC110N 12 BLfk:N A SEC71% 17 BLOCS A - -- VICVP81?Y N A p D SOUNDS DESCRIPTION in the Clty of Lubbock and bag WI at Tract A Term Imtruments Addition. an addition I of lcbback --rdme In the map, plat and er dedication deed thereat. recorded In b1, Page tR:. Dead Raeorda of Lubbock Cowtty, Tera (D RIC T ) and aid being all or eta called 203377 sere tract W lend deecrib'd ' e Wmranly Deed from Term it. Ineorp td a Y -FAB TEXAS. INC. dated Petruar7 1, 1099 and recorded b Volume e 82. 11E.L CT and all of the eertaa celled d en: tract .f bad dncnbed m deed -don. Ip, recorded In Volume 8996. Page 267. OR ICY and being mn.v pwrt+cubriy by metes and beunda m bid... da0 Whi-imum dick m.numaoI found at the novel Coriharly N.theeat er W ssld ere tract. an it, South Imo vI Black i, Lubbock State Sob -1 Addition as add I— to W LuDtw-a, acmrdmt to the map. plat and or dedication deed thereof MA'.rdad In 143• Page 871. DR LC T South of deg 46 min. 20 ax Teat. alcng the Eet line W add Taxim instruments and aid PA.i.177 tract at 1000 feel, p—ma the Nosth.mt corner of Int 1. Mason addition m the Cn7 of lobback, according to the P Plat and/or dedication deed meardcd m Voit.ac BSE Page 211. D.RLCT contmdng alone the r--. It., ( said U—sita Addlllon and said I.— Add.Lien lea . told distance of 13901 feet to an + d:3k mmtrmeai found ler as Ineide ell corner of mid Texas Inetrinments Addition and S. unmet. cormr o/ mW t -mm- Addittan South 88 deg 10 min 50 see COK along the North tore o1 sold Tease Inetrutnents and the Bacilli Noe Sal mrd to -an idditian . dI.Lance of 14377 red to an .1—i- -I $.—it forthe oat Eaatery No-theat corner of add Teaas ki.lrumeW. Addition Seutheml Cotller of -W Loosen Addition oto the Winn Right of .ey of Unlveratty, Avenue 4. variable Width P 0 W.): raw South 01 dee 15 min D7 a feat, Wong the Cart Ito. of avid i'eres 1mt—cote and the treat Light-ol- sy of add University Avaaue. • distenee d 242231 fact le Iran red found f.r -- South gni deg 60 min D4 ser F L, •Ion( the Past Mme of acid 7exm Imtrumente and the fest Right -W -W , .1 said University Avenin o diato.e. f IDOO Meet toe 1 2 a red found for canon- In the North III lit of .ay of Loop 280 at the bcgiming I a Uw right live" a "'Ji" '1 21500 1' !1 and . 0-4 Ural hues South 43 deg 48 lulu gest - 28701 feet. Along the H.th Right -W -.ay at mW Loop 289 and W. said curve to the tight e —t -I angle of 83 deg. AA in 32 ace d along an re length of 314 24 feet Iv a Right -of -say marker found ler eom4r at the and M acid curve. South B6 deg OI min. 35 see. WO.L Won( the North Wght-a1 ..y .f mid Lipp 280 . d &M 4 leer to w W-Wnum d'mk m..I_ found for xner at the bag tog W . the kit herein radru o/ 6,87e 66 feel and a chord that beam 9.ulh 03deg52 min Weat - 443.63 /eel: Wang the North Right -of -Wald mW Lp 239 and sang acid curve to the left• a oantrd —k o1 04 deg. 19 min Z3oo veeand along an arc length of 443 63 feet to an an dsk ...--t Iound for —W-•1 the and of ..,it curve, South e5 deg. 35 min 01 me Weal Wang the North Rtghl-of-.ay of mid Lmp 289 a el 78683 feel to a ..neral. RIAhl-.l-ray marker bund for corner. South 75 deg. 13 u+n 58 a- W.I. along the North Right -of -.ay of mid Imp 289, e of 28620 feet a analuminum mak moauno-I found for corner North 88 dog. ED into 24 sec Wet, along the North Right -of- I v/ -fit Inep 289 of 59804 feel In an lumimim diak monciment found for the finu Lheeal ea+ er f .ad ham Lrumb AdciUon and the Southeast earner of a called 266.15 acre tract of land d to the City or Lubbock m do.enbad in a deed recorded in Val... 370 Yee. 55 North at deg 47 min 47 a,e Lest. Wong the Weal line o1 mid Tanen In irumenla i and the Eeal Nne of said 21816 acre tract, a dblanee of 2.11879 fact to en Wuminum moment found for the moot Wmterly N.rU+.ml earner of Said Tema Instrument. Addition. South 88 deg OB ma. 54 me Emt. a durtimoe of 100.19 feat to an aluminum disk mf found for in inside all comer W mid Texm Instrumento Addition, North Of deg. 47 min 05EaW, sling the West line o1 mid Tena limn ante G i and the at line8( ne of mid 215 Or. tract. a dblmce of 766.85 feel to a aluminum rumeat intend for the mal Northerly HartheSat tomer of mid Texas ttmlrumthis and the Northeast CO.., of mW 28615 sere tract, on the South It-- .f the shave ted Bloch 1, Lubbaek State School Addition. South 88 deg 06 min 19 me h U Eat• tong the Nortna of said T.— InaLrunnents and the South line f Block 1 Lubbmk Rlale Se.haal Addm... a distance of 2.1100 50 feet POINT OF BEGINNING and canUmil 8,659,142 square real or 203377 scan of land 'PIAL SIZE AND LOCATION OF ALL PROPERTY SER MONUMENTS ARE SHOWN HEREON BEARINGS AND COORDINATES SHOWN HEREON' ARE BASED THE TEXAS MATE PANE COORDINATE 3YNMU. NAD 83. IN CENTRAL ZONE (4202) COORDINATES ARE E(PREsSm IR LNITS Of US SURVEY PCIT ARIAS AND DISTANCES SHOWN ARE SURFACE MEASUREMENTS IN SURVEY FEET PERIMETER SURVEY -- OF A PROPOSED 88' 20. 24 . _ ,.,u.D,CIPAL SETTING DESIGNATION OF L°0PAS INSTRUMENTS ADDITION BLOCK A LOCATED IN ECTIONS 12 & 179 BLOCK A LUBBOCK COUNTY, TEXAS. .t via;,.. .r•npu— RINGLEY & ASSOCIATES, WC. StgyTnw4 • Y.PRVG • Mnnw. molar`^I VZ -1X2 1'r2oo' 1 2R12B I nl28.DWC I I Of 1 1�:41110.3a80.1 Contaminant Summary Former Texas Instruments Facility — Lubbock, Texas The data show that the groundwater at the proposed MSD is contaminated with the following classes of chemicals greater than federal drinking water Maximum Contamination Levels (MCLS), or the Texas Protective Concentration Levels (PCLs): • Volatile Organic Compounds (VOCs) The following table indicates the highest concentrations greater than the MCLS or PCLs from the historical highest concentrations and the most recent high concentrations. Groundwater Impacts Exceeding Potable Drinking Water Criteria Maximum Conc. Potable Water Reported in MSD - Chemical CAS Standard Groundwater Adjusted Name Number* (mg/L) (mg/L) PCLs (mg/L) Location Date Notations CE -MW - 9 -Sep - PCE 127-18-4 0.005 0.377 64 2 1999 The highest historical concentrations CE -MW- 7 -Mar- 1,1 DCE 75-35-4 1 0.007 1 0.77 1 215 1 11 1 2001 CE -MW - 11 -Jul - PCE 127-18-4 0.005 0.238 64 2 2011 The most recent high concentrations CE -MW - 11 -Jul- 1,1 DCE 75-35-4 0.007 0.185 215 20 2011 *CAS = Chemical Abstract Number EXHIBIT C Ordinance Granting MSD Former Texas Instruments Facility ORDINANCE NO. 2013-0 AN ORDINANCE PROHIBITING THE POTABLE USE OF DESIGNATED GROUNDWATER AND RESTRICTING THE NON -POTABLE USE OF GROUNDWATER FROM BENEATH THE PROPERTY OF THE FORMER TEXAS INSTRUMENTS FACILITY, 2301 NORTH UNIVERSTIY AVENUE, LUBBOCK, TEXAS, MORE PARTICULARLY DESCRIBED AS A 203.377 ACRE TRACT OF LAND LOCATED IN TRACT A OF THE TEXAS INSTRUMENTS ADDITIONS, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, pursuant to Article 22.10 of the Code of Ordinances of the City of Lubbock, Texas, Texas Instruments Incorporated has requested to designate the property of the former Texas Instruments Facility, 2301 North University Avenue, Lubbock, Texas, more particularly described as a 203.377 acre tract of land located in Tract A of the Texas Instruments Addition, Lubbock County, Texas, and even 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 use of municipal setting designations within the corporate limits of the City of Lubbock and its extraterritorial jurisdiction allows for a state - evaluated corrective action process for groundwater that is directed toward protection of human health and the environment, balanced with the economic welfare of the citizens of the City; WHEREAS, where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health, safety, and welfare when the quality of the groundwater presents an actual or potential threat to human health; WHEREAS, pursuant to Section 22.10.005 of the Code of Ordinances of the City of Lubbock, City of Lubb6ck staff has reviewed the application that was filed with the City Secretary; WHEREAS, pursuant to Sections 22.10.006 and 22.10.007 of the Code of Ordinances of the City of Lubbock, the Director of Water Resources has determined that the application by the City of Lubbock is complete, scheduled a public hearing and caused the publication of same, and caused the erection of one sign on the property stating that a municipal settings designation has been requested along with appropriate contact information; WHEREAS, pursuant to Section 22.10.008 of the Code of Ordinances of the City of Lubbock, a public hearing was held whereby the public was allowed an opportunity to provide input to help determine whether a municipal settings designation would be appropriate for the property described in Exhibit A and whether using groundwater for potable use within the municipal settings designation be prohibited and whether the non -potable use of the groundwater should be restricted; and 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 to approve the 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the property of the former Texas Instruments Facility, 2301 North University Avenue, Lubbock, Texas, more particularly described as a 203.377 acre tract of land located in Tract A of the Texas Instruments Addition, Lubbock County, Texas, and even more particularly described by metes and bounds in Exhibit A which is attached hereto and incorporated herein as though set forth fully herein be granted a municipal settings designation. SECTION 2: THAT the potable use of the groundwater beneath the subject property described in Exhibit A is strictly prohibited. SECTION 3: THAT the non -potable use of the groundwater beneath the property described in Exhibit A is restricted to non -potable purposes including sampling and remediation and other non -potable uses not identified herein but agreed to by the City by and through the Director of Water Resources or the Director's designee. SECTION 4: THAT any person who knowingly violates any provision of this ordinance shall be guilty' of a misdemeanor and upon conviction shall be punished by a fine up to the maximum amount allowed by state law. SECTION 5: THAT the City Council finds and declares that sufficient written notice of the date, hour, place, and subject of this meeting of the Council was posted at a designated place convenient to the public at the City Hall for the time required by law preceding this meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents of posting thereof. SECTION 6: THAT should any paragraph, sentence, clause, phrase, or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7: THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED Passed by the city council on first reading this day of , 2013. Passed by the city council on second reading this _ day of , 2013. GLEN C. ROBERTSON, MAYOR ATTEST: Rebecca Garza, City Secretary VED AS TO Aubrey A. War, P.E. Director o ater Resources APPROVED A T ORM: �Y�% aA. W. Pratt As stant City Attorney MSD - Texas Instruments 5.6.13 Print Agenda Item Page 1 of 2 bc'oty of ubck `` TEXAS Regular City Council Meeting 6.4. Meeting Date: 0512312013 Information Agenda Item Resolution — Public Works Water Resources: Consider a resolution supporting the application to the Texas Commission on Environmental Quality (TCEQ) for a Municipal Settings Designation (MSD) for property located at 2301 North University Avenue, Lubbock, Texas, more particularly described as a 203.377 acre tract of land located in Tract A of the Texas Instruments Additions, Lubbock, County, Texas. Item Summary Redevelopment of former industrial property is frequently delayed or prevented due to concerns about groundwater contaminants. Consequently, the State legislature provides alternative means for addressing groundwater issues through H.B. 3152 in 2003. In 2006, the City Council adopted Ordinance 2006-00133 as a means for participating in the process, allowing properties to receive MSD status when groundwater use for potable purposes is not required and/or an alternative potable water source is available. Provided all requirements of law are met, MSD status precludes the necessity for remediating the groundwater. Public health is protected through restrictions on the use of the groundwater. However, soil and air contaminants must still be assessed and remediated, if present. The property located at 2301 North University Avenue known as the former Texas Instrument's facility (currently owned and operated by X -Fab) overlays groundwater primarily contaminated by tetrachloroethene (PCE) and 1,1 — dichloroethylene (DCE). The contaminated groundwater is confined to an area located near the center of the property under a complex of buildings. In order to complete the state mandated cleanup at the site, Texas Instruments is requesting that the City approve their application for an MSD which includes the adoption of an ordinance restricting groundwater use on the property. This resolution is necessary to comply with Ordinance 2006-00133, provided the City Council approves the ordinance on today's agenda establishing the property as an MSD. Support of the ordinance and this resolution enables the applicant to formally apply to the TCEQ for MSD status, saving thousands of dollars in groundwater remediation expenses, while simultaneously protecting public health. Fiscal Impact None. Staff/Board Recommending http://agenda.ci.lubbock.tx.us/frs/publish/print ag memo.cfm?seq =2056&rev num=0&for... 5/10/2013 Print Agenda Item Page 2 of 2 R. Keith Smith, P.E., Chief Operating Officer Attachments MSD- TexInst- Ordinance http://agenda.ci.lubbock.tx.us/frslpublishlprint_ag_memo.cfin?seq=2056&rev num=0&for... 5/10/2013