Ordinance 2017-08 ORDINANCE NO.2017-08 _
I�
A MUNICIPAL SETTING DESIGNATION ORDINANCE OF
111 THE CITY OF WYLIE, TEXAS, PROHIBITING THE USE
OF GROUNDWATER FROM BENEATH PROPERTY Wc
GENERALLY LOCATED NORTH OF FM 544 AND EAST
OF COMMERCE STREET, AND MORE SPECIFICALLY
BEING 605 COMMERCE STREET OF THE EC DAVIDSON
SURVEY; TRACT 54, ABSTRACT A0266, EC DAVIDSON
SURVEY; 900A W. KIRBY; 900 W. KIRBY; 908 W KIRBY
OF THE WALLACE INDUSTRIAL PARK; PROVIDING A N
PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
O
Z7
WHEREAS, Subchapter W of Chapter 361 of the Texas Health and Safety Code ("MSD
Law") authorizes the Texas Commission on Environmental Quality ("TCEQ") to identify and
designate certain areas — municipal setting designations — within a municipality or its
extraterritorial jurisdiction on which groundwater is not used as potable water and to prohibit
such groundwater from future use as potable water because the groundwater is contaminated in
excess of the applicable potable-water protective concentration level; and
WHEREAS, Section 42-130, of Article VII. Municipal Setting Designations, Ordinance
2016-01, as amended, of the City Code of Ordinances authorizes municipal setting designation
IIordinances prohibiting the use of designated groundwater as potable water and thereby enable
the Texas Commission on Environmental Quality to certify a municipal setting designation for
designated property; and
WHEREAS,the City Council finds that:
(1) the eligibility criteria of Section 361.803 of the Texas Health and Safety Code have
been met;
(2) this municipal setting designation ordinance will not have an adverse effect on the
current or future water resource needs or obligations of the City of Wylie;
(3) there is a public drinking water supply system that satisfies the requirements of
Chapter 341 of the Texas Health and Safety Code and that supplies or is capable of
supplying drinking water to the designated property and property within one-half mile
of the designated property; and
(4) this municipal setting designation ordinance is necessary because the concentration of
contaminants of concern exceed ingestion protective concentration levels for human
ingestion; and
WHEREAS, the governing body of the City of Wylie, Texas in compliance with the
laws of the State of Texas, and the ordinances of the City of Wylie, have given the required
notices by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all property owners generally and to owners of the affected property regarding this
municipal setting designation ordinance;Now Therefore,
Ordinance No.2017-08-Prohibiting the use of groundwater from beneath property generally located north of FM
544 and east of Commerce Street
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1: That for purposes of this municipal setting designation ordinance, the
"designated property"means the property described in Exhibit A, attached to the ordinance.
SECTION 2: That for purposes of this municipal setting designation ordinance,
"designated groundwater" means water below the surface of the designated property to a depth
of 150 feet.
SECTION 3: That use of the designated groundwater from beneath the designated
property as potable water, as defined in Section 361.801(2) of the Texas Health and Safety Code,
and the following uses of or contacts with the designated groundwater are prohibited:
(1) Human consumption or drinking
(2) Showering or bathing
(3) Cooking
(4) Irrigation of crops for human consumption.
SECTION 4: That the City Council supports the application to the Texas Commission on
Environmental Quality for certification of a municipal setting designation for the designated
property.
SECTION 5: A person who has received approval of a MSD from the City shall, upon
issuance from the TCEQ, provide the director with a copy of the certificate of completion or
other documentation issued for the MSD area, showing that response actions, if required, have
been completed.
SECTION 6: The applicant shall execute, deliver and file, no later than thirty (30) days
from the date of the TCEQ's certification, in the official real property records of the appropriate
county, a deed restriction approved as to form by the city attorney prohibiting the drilling of
wells and the use of designated groundwater for any purpose, including but not limited to any
potable purpose, and excepting only: (i) wells used as monitoring wells for the collection of
groundwater samples for chemical or biological laboratory analyses; and (ii) wells used for the
purposes of remediation of soil or groundwater contamination.
SECTION 7: A file-stamped and recorded copy of said deed restriction shall be
delivered to the city attorney's office and the director's office within three (3) business days after
the date of filing. The deed restriction shall be enforceable by the City and may be amended or
terminated only with the prior written consent of the City after at least thirty (30) days prior
written notice to the TCEQ of any pending amendment or termination.
SECTION 8: A person commits an offense if the person fails to provide the city attorney
and the director with the documentation required in this section within the specified time frames.
SECTION 9: A person commits an offense if the person intentionally, knowingly, or
with criminal negligence uses groundwater in a designated area for a purpose prohibited in the
municipal setting designation ordinance.
Ordinance No.2017-08-Prohibiting the use of groundwater from beneath property generally located north of FM
544 and east of Commerce Street
SECTION 10: The city attorney is authorized to commence an action for appropriate
legal or equitable relief in a court of competent jurisdiction in addition to the penalty mentioned
in subsection (f) above. Such additional relief may include a civil fine of up to one thousand
dollars ($1,000.00) per day for violations of section 42-138, and all other damages, costs,
remedies and legal processes to which the City may be entitled.
SECTION 11: Penalty. Any person, firm, corporation or entity violating or refusing to
comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding
two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not
preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it under local, state and federal law.
SECTION 12: Savings/Repealing. The Code of Ordinances shall remain in full force and
• effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict,
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 13: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The City Council hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof, regardless of whether any one or more
sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 14: Effective Date. This Ordinance shall be effective immediately upon its
passage and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas,this 28th day of February, 2017.
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Eric Hogue,Ma or
ATTEST: A �
aro e Ehrlich, C - Secretary
DATE OF PUBLICATION:March 8,2017,in the Wyhe Ne ‘4. � Sp
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SAY
Ordinance No.2017-08-Prohibiting the use of groundwater from beneath property generally located north of FM
544 and east of Commerce Street
Public Meeting
Municipal Setting Designation
CITY OF WYLIE
Minutes
Thursday February 16,2017—6:30 pm
Wylie Recreation Center,Meeting Room
300 Country Club Road,Building 200
INTRODUCTION
Ms Renae' 011ie, Development Services Director welcomed all in attendance. Staff
present was Mike Sferra, Public Services Director, Sam Satterwhite, Director Wylie
Economic Development, and Mary Bradley,Administrative Assistant.
Ms. 011ie introduced Mr. Frank Clark, PE of W&M Environmental Group, located 906 E.
18th Street, Plano, Texas 75074.
MSD is simply an ordinance that restricts the use of groundwater on the property for
potable use. It does not affect any other properties that are adjacent or near the subject
property.
Mr. Clark gave a presentation for a Municipal Setting Designation on property located at:
• 605 Commerce Street—Property ID 2635954
• Vacant Lot—Property ID 2698696
• 900 West Kirby Street—Property ID 1824324 & 1824315
• 908 West Kirby Street—Property ID 1824333 &424589
The steps to have an MSD on a piece of property are:
• Hold a Public Meeting
• City Council adopt an Ordinance (scheduled for February 28,2017)
• Apply TCEQ
• Receive certification by TCEQ
• The Ordinance is filed with the Deed of Record
The public meeting notices were mailed to property owners within 2,500 feet of the
property, notify municipalities within five miles of the property, and notify property
owners that have a water well within five miles of the property.
The purpose of an MSD Designation is to prevent groundwater from being used for
potable purposes. The MSD is also a tool used in conjunction with Voluntary Cleanup
Program(VCP)to address environmental contamination.
The site includes multiple parcels.
• 900 W Kirby
Minutes February 16,2017
Wylie MSD Public Meeting
Page 1 of 2
• 908 W Kirby
• 605 Commerce
An investigation on the soil and groundwater of a piece of vacant land north of 605
Commerce Street initiated the further search for contaminated soil and groundwater. The
property that contained a dry cleaning company, which operated from 1987 to 2013, is
the source of the contamination.
The local geology consists of layers of impervious bedrock with intermittent minor
water-bearing units to a depth of about 2500 feet which is basically half-mile below
ground surface. The chemical that is most prevalent is Tetrachloroethylene, a common
dry cleaning solvent,which is present in groundwater above ingestion standards.
The flow of the groundwater is west to east and has migrated to the parcels located at 900
West Kirby and 908 West Kirby. These sites meet the City of Wylie and State criteria for
MSD.
As of 2016, 330 MSD sites have been approved within State of Texas and over 45
municipalities have adopted an MSD Ordinance. An MSD will address contamination in
the groundwater; and all other exposures and receptors are addressed through the VCP in
Austin.
Once property is cleaned up and contaminated chemicals are removed, re-development is
promoted. The timeline is approximately 60 to 90 days.
The MSD is not only a designation from the city, but also included in the deed
restrictions. There are no negative impacts to offsite properties.
The full application and supporting documents can be viewed in the Planning and Zoning
Department at the Municipal Complex—City Hall.
The public meeting was adjourned at 7:20PM,with thirteen people in attendance.
Minutes February 16,2017
Wylie MSD Public Meeting
Page 2 of 2
111.1 111111 .
`
DESCRIPTION
STATE OF TEXAS
COUNTY OF COLLIN
Dallas Area Raid Transit 100' BEING all that tract of land in the City of Wylie, Collin County, Texas, out of the
E.C. Davidson Survey, A-266, and being all of Lots 1, 2, and 3, Block 1 of
Wallace Industrial Park as recorded In Volume F, Page 243 of the Plot Records
of Collin County, Texas, and being all of that called 2.48 acres of land
ssrts described in a deed to Wylie Economic Development Corporation as recorded
POINT OF N 84'52'18"E 499.30' .. - .303 under CC# 201 6 1206001 65 1830 of the Official Public Records of Collin County,
BEGINNING - _is'�u^._ II _ Texas, and being all of that called 1.590 acres of land described fn a deed to
s :� — �� e11•°G'°" Wylie Economic Development Corporation as recorded under CC#
is'Ian_sEUE':' — 2.48 ACRES 201 31 1 1200153 1220 of the Official Public Records of Collin County, Texas, and
;� --yp,,B36.R.los CALLEDWYLIE ECONOMIC being all of that called 1.065 acres of land described In a deed to Wylie
%. DEVELOPMENT CORPORATION g Economic Development Corporation as recorded under CC# 20140107000015390
CALLED 3.25 ACRES of the Official Public Records of Collin County, Texas, and being further
CC//20161206001651830 �` CITY OF WYLIE described as follows:
E.C. DAVIDSON SURV , A-266
Orf xwo VOL. 279, PC. 511 BEGINNING at a 1/2 Inch steel rod found at the Intersection of the South line
Dallas Area Rapid Transit 100 foot right of way with the East line of Commerce
y
IV'. Street, and at the Northwest corner of said 1.590 acres;
THENCE North 84 degrees 52 minutes IS seconds East, 499.30 feet along the
CALLED 1.590 ACRES p South line of D.A.R.T. to a 5/8 Inch steel rod set at the Northeast corner of
-2,34 WYLIE ECONOMIC = said acres, and c the NorthwestnderC corner of that tract land In deed to
of DEVELOPMENT CORPORATION BuueNp the City of Wylfa as recorded under CCS 20151207001523850 of the Official
CC/J 20131112001531220 -- Public Records of Collin County, Texas, and being described as called 5.00
I : p acres In Volume 952. Page 911 of the Deed Records of Collin County, Texas;
a 7.445 ACRES I \ r s''0 p v o' THENCE South 00 degrees 00 minutes 00 seconds East, 865.82 feet to a 5/8
N \ -I ,a a- inch steel rod set on the North line of F.M. Highway No. 544, and at the
e I
o 0o Southeast corner of said 2.48 acres;
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Deed a", o\ Asphalt p h h THENCE South 87 degrees 50 minutes 00 seconds West, 25.92 feet along the
m\'�1Tf-Trl,I-I I-I i I.I I I I { I � W O1 North line of said F.M. Highway No. 544 to on "X" set at point of curve;
sswio I p� - \ 6.Q 6 O THENCE Southwesterly, 216.86 feet alongsaid F.M. Highway No. 544 and a curve
11 I Ice"11 I I Pi v a to the loft having radius of 5789.58 feet and a central angle of 02 degrees
_ _ _I u"_ \ N 08 minutes 46 seconds (Chord bears South 86 degrees 45 minutes 37 seconds
] z w West, 216.85 feet) to a 5/8 inch steel rod found at the Southwest corner of
owuC 645400 said Lot 2, and at the Southeast corner of that called 0.618 acres of land
a� CALLED 1.065 ACRES described in a deed to Extra Property Holdings, LLC os recorded under CC#
WYLIE ECONOMIC Al LOT 3 I m 20140325000280030 of the Official Public Records of Collin County, Texas;
o 3 gn DEVELOPMENT CORPORATION aw0 BLOCK 1 I W ZONE 'X'
CCI20140107000015390 WALLACE INDUSTRIAL PARK o THENCE North 00 degrees 00 minutes 00 seconds East (Bearing Basis), 387.72
E I VOL. F, PG. 243 I o feet along the West line of sold Lots 1, 2, and 3 to a 5/8 Inch steel rod set
o ZONE %1' at the Southeast corner of said 1.065 acres;
J• II1111 111110 II. b
��.. _ 5785Rs "I B o THENCE South 89 degrees 24 minutes 58 seconds West, 248.44 feet to an "X"
x•s?• S 89'24'58"W 248.44' 0 f^ o set on the East line of sold Commerce Street, and at the Southwest corner of
ul
hold 1.065 acres;
r ,",�;,,, N • THENCE North 00 degrees 49 minutes 29 seconds West, 449.28 feet along the
CALLED 0.8.356 ACRES - w n East line of said Commerce Street to the POINT OF BEGINNING, containing 7.445
RICHARD RIGSBY �, 4` I o acree of land.
LIA RIGSBY 1 n
CC!20080519000601800 L• p ry
N I Fen v 1+1
1.. .I o FLOOD ZONE DEFINITIONS:
n u• LIN F.IR.M. 48085C0420J, dated June 2, 2009
_ , ca"..�1 s I .61
V Zone 'A'- "Special flood hazard areas subject to Inundation by the IX annual
W N . fll , chance flood. No base flood elevations determined.
...... ii" Zone 'X'- "Areas determined to be outside the 0.2X annual chance floodplain."
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R=5789.58• E.C. DAVIDSON SURVEY, A-266
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CB=516585,"W
F.M<WHIK'�Y Sfreel) 544 CITY OF WYLIE
COLLIN COUNTY, TEXAS
SRS S7EEL 0' 75' 150' 225' 300' sssp=sl Ross OO FUND
— iiiMI Note:Bearings based on West line of called 2.46 acres(Vol. 4528, Pg. 1760). Drawn by: mjb
— Note: Verify exact Iocelcn of underground utilities prior to construction. B.S.I.Job# 1609-015
After Recording Return To:
City of Wylie
Attn:Stephanie Storm
300 Country Club Rd.#100
Wylie,TX 75098
i Filed and Recorded
Official Public Records
Stacey Kemp, county Clerk
Collin County, TEXAS
06/27/2017 02:41:40 PM
$50.00 DLAIRD
20170627000840630
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C&S
afarittcrSUiite Xime5 • Murphy Monitor • The Princeton Herald • 7le5achse News • THE WYLIE NEWS
media
STATE OF TEXAS
COUNTY OF COLLIN
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Before me,the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinances 2017-08 and 2017-09
was published in said newspaper on the following date(s), to-wit:
March 8,2017
Chad Engbrock, Publisher
Subscribed and sworn before me on this,the / 2-- day of ,4 017
to certify which witness my hand and seal of office.
j/'
.�`�`Parp,,,� SONIA A. DUGGAN 'l
:11: '��Notary Public,State of Texas Notary Public in anR
Comm.Expires 08-18-2020 The State of Texas
"ZIP.
�iNIn*'��� Notary ID 130783749
My commission expires gie
f ALV
Murphy/Sachse/Wylie Office• 110 N.Ballard•P.O.Box 369•Wylie.TX 75098.972-412-5515•fax 972-4424318
FarmcrsvillelPrinceton Office•101 S.Main•P.O.Box 512•FarmersviIle,TX 75442•972-784-6397•fax 972-782-7023
A
4C March 8-9, 2017
Ordinance
No.2017-09
An ordinance of the
4 Ordinance city council of the.city. of Wylie,Texas,estab- ,
lishing a curfew for
A Municipal Setting minors in the city of
li
Designation Ordinance Wylie; creating offens- ,
of the city of Wylie, es for minors, parents,
Texas, prohibiting the guardians of minors
use of groundwater and business estab-
from beneath property I lishments for violating
generally located north curfew regulations;
of FM 544 and east of j defining terms and pro-
Commerce Street, and viding for defenses;
more- specifically be- providing for enforce-
ing 605 Commerce ment; providing for
Street of the EC Da- waiver of jurisdiction
vidson Survey; tract by the court when re-
54, abstract a0266, quired under the Texas
EC Davidson Survey; family code; providing
900a W.Kirby;900 W. for review of this ordi-
Kirby; 908 W Kirby of nance;providing a pen-
the Wallace Industrial alty for the violation of
Park; providing a pen- this ordinance; provid-
ing for repealing, sav-
alty clause, savings/
repealing clause, sev- ings and severability
erability clause and an clauses; providing for
effective date. an effective date of this!
ordinance; and, provid-
ing for the publication
pf the caption thereof.
I 44-1t-671