HomeMy WebLinkAboutResolution No. 2016-17 RESOLUTION NO. R2016-17
A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS
IN SUPPORT OF THE APPLICATION TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY FOR A
MUNICIPAL SETTINGS DESIGNATION FOR 900 AND 902
GEMINI STREET, WEBSTER, TEXAS, ALSO KNOWN AS
LOT 3A AND LOT 4, BLOCK 17 OF THE CLEAR LAKE CITY
INDUSTRIAL PARK, WEBSTER, HARRIS COUNTY,
TEXAS.; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.
WHEREAS, Chapter 361 of the Texas Health and Safety Code authorizes the Texas
Commission on Environmental Quality (TCEQ) to certify creation of a Municipal Setting
Designation(MSD); and
WHEREAS, Kellogg, Brown & Root ("Applicant") filed information with the City
of Webster, Texas for support of a MSD for the property located at 900 and 902 Gemini Street
Webster, Harris County, Texas (Site); and
WHEREAS, the Applicant now desires and intends to submit to the TCEQ an application
of certification of a MSD for the Site pursuant to Texas Health and Safety Code, Chapter 361,
Subchapter W; and
WHEREAS, as part of the application to the TCEQ, the applicant is required to secure a
resolution of support from the city council of each municipality with either a boundary located not
more than one-half mile from the proposed MSD or that owns or operates a groundwater supply
well located not more than five miles from the proposed MSD; and
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WHEREAS, by Resolution 12-20 of the City of Webster, Texas has prohibited the use
of groundwater below the surface of the Site to a depth of 200 feet for use as potable water and
use or contacts for human consumption or drinking, showering or bathing, cooking or irrigating
crops for human consumption; and
WHEREAS, the City of Friendswood owns groundwater public supply wells within
five miles from the Site; and
WHEREAS, the designated groundwater identified in the Applicant's City of Webster
Municipal Setting Designation application is shallow, perched groundwater beneath the Site;
and
WHEREAS, the City of Friendswood wells do not take water from and are protected
against the shallow water sand contamination; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS:
Section 1. The above-listed recitals are true and correct and hereby incorporated into
this Resolution.
Section 2. The City of Friendswood hereby supports the application to the Texas
Commission on Environmental Quality for a Municipal Settings Designation for 900 and 902
Gemini Street, Webster, Texas, also known as Lot 3A and Lot 4, Block 17 of the Clear Lake
City Industrial Park, Webster, Harris County, Texas.
Section 3. The City Manager or his designee is hereby authorized to execute any
document necessary to complete this transaction.
Section 4. All resolutions, and agreements and parts of resolutions and agreements in
conflict herewith are hereby repealed to the extent of the conflict only.
Section 5. In supporting the MSD application, the City does not waive, modify or
amend any legal rights or defenses available at law in in equity to the City, its officers,
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employees or agents.
Section 6. That it is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public as required by law and the public notice of
the time,place, and purpose of said meeting was given as required.
PASSED,APPROVED,AND ADOPTED this 12th day of September, 2016.
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Kevin M. land
Mayor
ATTEST:
Melinda Welsh, TRMC .U to :01.
City Secretary '® '
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