R266CITY OF KENNEDALE
RESOLUTION NO. 266
A RESOLUTION IN SUPPORT OF THE APPLICATION OF S&B
TECHNICAL PRODUCTS TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING
DESIGNATION FOR PROPERTY AT 1300 EAST BERRY STREET,
FORT WORTH, TEXAS.
WHEREAS, Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act
authorizes the Texas Commission on Environmental Quality (TCEQ) to certify Municipal Setting
Designations for properties upon receipt and approval of a properly submitted application to
TCEQ; and
WHEREAS, as a part of the application to TCEQ for a Municipal Setting Designation,
the applicant is required to provide documentation that the application is supported by: (1) the
city council of the municipality in which the Site is located, (2) the city council of each
municipality with a boundary located not more than one-half mile from the Site, (3) the city
council of each municipality that owns or operates a groundwater supply well located not more
than five miles from the Site, and (4) the governing body of each retail public utility, as defined
by Section 13.002, Texas Water Code, that owns or operates a groundwater supply well located
not more than five miles from the Site; and
WHEREAS, S&B Technical Products (Applicant) filed an application with the City of
Fort Worth, Texas, for the issuance of a Municipal Setting Designation ordinance for 1300 East
Berry Street, Fort Worth, Texas, an approximately 28.63 acre tract of land, situated in the GW
Hartzog Survey, Abstract No. 697 and WR Loving Survey, Abstract No. 948, Fort Worth, Tarrant
County, Texas with a legal and metes and bounds description being attached hereto as Exhibit A;
and
WHEREAS, the City of Fort Worth approved Applicant's application and adopted a
Municipal Setting Designation ordinance for the MSD Site on October 14, 2008; and
WHEREAS, the City of Kennedale owns and operates one or more public supply wells
located within five miles of the MSD Site; and
WHEREAS, following the issuance of a supporting resolution by each municipality and
retail public utility for which approval is required, Applicant will submit to TCEQ an application
for certification of a Municipal Setting Designation for the Site pursuant to Texas Health and
Safety Code, Chapter 361, Subchapter W.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCI OF THE
CITY OF KENNEDALE, TEXAS
Supports Applicant's application to the TCEQ for certification of a Municipal Setting
Designation for the Site.
PASSED AND APPROVED by the City Council of the City of Kennedale, Texas, on
this the 13`'' day of November, 2008.
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Kathy Turne ,City Secretary
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Mayor, Bryan Lankhorst
APPROVED AS TO FORM:
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Wayne K. Olson, City Attorney