Ordinance 2019-06ORDINANCE NO. 2019-06
A MUNICIPAL SETTING DESIGNATION ORDINANCE OF
THE CITY OF WYLIE, TEXAS, PROHIBITING THE USE
OF GROUNDWATER FROM BENEATH PROPERTY
GENERALLY LOCATED NORTH OF FM 544 AND EAST
OF COMMERCE STREET, AND MORE SPECIFICALLY
BEING 800 W. KIRBY ST & 802 W. KIRBY ST OF THE
SAMUEL B SHELBY SURVEY, TR 11, ABS 820 & E.C.
DAVIDSON SURVEY, TR3, ABS 266; PROVIDING A
PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
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
No. 2016-01, as amended, of the City Code of Ordinances authorizes municipal setting
designation ordinances 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;
Ordinance No. 2019-06 - prohibiting the use of groundwater from beneath property generally located north of FM
544 and east of Commerce Street
CO
49,
NOW, THEREFORE, 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. 2019-06 - 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 12th day of February 2019.
(jEriHoue, Mt
ATTEST:
u
Stephanie Storm, City Secretary
DATE OF PUBLICATION: February 20, 2019, in th
corm Fa
IIE OF TET5
Ordinance No. 2019-06 - prohibiting the use of groundwater from beneath property generally located north of FM
544 and east of Commerce Street
•
1
LEGAL DESCRIPTION
Being 800 W Kirby St and being all of 3.0 acres, Tract 11, Abstract 820 of Samuel B
Shelby Survey & being 802 W Kirby St and being all of 4.67 acres, Tract 3, Abstract 266
of E C Davidson Survey, City of Wylie, Collin County, Texas
After Recording Return To:
City of Wylie
Attn: Stephanie Storm
300 Country Club Rd. #100
Wylie, TX 75098
1
Filed and Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
02/21/2019 08:39:00 AM
$38.00 SCAPELA
20190221000179280
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Tlic jfaritter5Uille Ztituc5 • Murphy Monitor • The Princeton Herald • 7fcSachse News • THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
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, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2019-06
was published in said newspaper on the following date(s), to -wit:
February 20, 2019.
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the a j day of
to certify which witness my hand and seal of office.
2019
The State of Texas
My commission expires l iG (/
Murphy/Sachsc/Wvlie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098. 972-4-12-5515 • fax 972-442-4318
Famtersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-6397 • fax 972-782-7023
City of Wylie
Ordinance No.
2019-06 '_
A municipal setting
designation ordinance
of the _city of Wylie,
Texas, prohibiting, the
use of groundwater
from beneath property
' generally located north 1
of FM 544 and east of 1
Commerce Street, and
more specifically be-
ing 800 W. Kirby St
& 802 W. Kirby St of
the Samuel B Shelby
Survey, Tr 11, Alis
820 & E.C. Davidson
Survey, Tr3, Abs 266;
providing a penalty
clause, savings/repeal- '
ing clause, severability
clause and an effective
date
I
42-1t-3011