Res 051-2015 5/5/2015
Resolution No. _R 51-2015__
Resolution in support of the application of Peerless Manufacturing
Company to the Texas Commission on Environmental Quality
(TCEQ) for a Municipal Setting Designation at 1011 Vermont Street,
Wichita Falls, Texas
WHEREAS, Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act
authorizes the 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, Peerless Manufacturing Company (Applicant) has filed an
application with the City of Wichita Falls, Texas, for the City’s support of a Municipal
Setting Designation for the property located at 1011 Vermont Street, Wichita Falls,
Texas, which is more fully described in the metes and bounds description attached
hereto as Exhibit “A” (Site); and,
WHEREAS, the City of Wichita Falls owns and operates a public drinking water
system supplied entirely through the City of Wichita Falls surface water treatment
plants, and currently does not use or operate groundwater wells for the supply of public
drinking water; and,
WHEREAS, following the adoption of resolutions by the City of Wichita Falls,
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; and,
WHEREAS, the City of Wichita Falls approved Applicant’s application and
adopted a Municipal Setting Designation ordinance for the MSD Site on May 5, 2015.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City of Wichita Falls recognizes the need for and supports the Applicant’s
application to TCEQ for the certification of a Municipal Setting Designation for the Si te.
PASSED AND APPROVED this, the 5th day of May, 2015.
_______________________________
MAYOR
ATTEST:
____________________
City Clerk
Exhibit A: Site and Legal Description
The legal description of the designated property at 1011 Vermont Street in Wichita Falls
is as follows:
Lot 1-A, Block 3-A, a Replat of Lots 1-12, Block 3; and Lots 1-12, Block 4,
SCOTLAND ADDITION, an Addition to the City of Wichita Falls, Wichita County,
Texas, according to the Replat recorded in Vol. 24, Page 200, Wichita County
Plat Records.
GPS Coordinates:
Coordinates of MSD Boundary Vertices
X Y
3754103.76 545128.84
3754023.64 545513.16
3753955.14 545513.55
3753962.49 545125.36
NOTE: Coordinates provided in Universal Transverse Mercator projection, Zone 14 North (meters), North American Datum 1983
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
MUNICIPAL SETTINGS DESIGNATION CERTIFICATE
As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act):
I, Beth Seaton, Director, Remediation Division, TCEQ, certify the Municipal Setting Designation (MSD)
for MSD No. 292, in the City of Wichita Falls, for the tract of land described in Exhibit "A ". The eligibility
requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in
Exhibit "B ", provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall
continue in effect so long as the ordinance or restrictive covenant required by Texas Health and Safety
Code §361.8o65 remains in effect.
Any person addressing environmental impacts for a property located in the certified municipal setting
designation shall complete any necessary investigation and response action requirements in accordance
with Texas Health and Safety Code §36i.8o8, in conjunction with the applicable Texas Commission on
Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety
Code §361.8o8.
l
EXECUTED this the day of Sqkr&bw,20
Be Seaton, Director
Remediation Division
Texas Commission on Environmental Quality
EXHIBIT --
PAGE 1 OF 2..
Legal Description
A legal description of the MSD propery. Provide sacient global positioning satellite coordinate lot-aliollr to
alloav the MSD property boarndaries to be plotted (map risen) in ageographic informahon system.
GPS Coordinates:
Coordinates of MSD
Boundary Vertices
X
Y
3754103.76
545128.84
3754023.64
545513.16
3753955.14
545513.55
3753962.49
545125.36
NOTE: Coordinates provided in Universal Transverse
Mercator projection, Zone 14 North (meters), North
American Datum 1983
The legal description of the designated property located at 1011 Vermont Street in Wichita
Falls is provided below:
Lot 1-A, Block 3 -A, a Replat of Lots 1 -12, Block 3; and Lots 1 -12, Block 4,
SCOTLAND ADDITION, an Addition to the City of Wichita Falls, Wichita
County, Texas, according to the Replat -recorded in Vol. 24, Page 200, Wichita
County Plat Records.
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Exhibit B
Municipal Setting Designation
Affidavit of Eligibility
BEFORE ME, the undersigned authority, on this day personally appeared
Peter 9urlage , as an authorized representative of
Peerless Manufacturing Co. , down to me to be the person
whose name is subscribed below who being by me first duly sworn, upon their oath,
stated as follows:
I am over the age of 18 and legally competent to make this affidavit. I have personal
knowledge of the facts stated herein.
I affirmatively state that (place an X in all applicable blanks)
❑X The MSD eligibility criteria of THSC Section 361.803 are satisfied.
0 True and accurate copies of all documents demonstrating that the MSD eligibility
criteria provided by THSC 361.803 have been satisfied and are included with the
application.
Q A true and accurate copy of a legal description of the proposed MSD property is
included with the application.
0 Notice has been provided in accordance with THSC 361.806.
0 A copy of an ordinance or restrictive covenant and any required resolutions are
provided in this application or will be provided before the executive director
certifies this application.
&,— 6 ". ,, /.. . , Date: 6/3012015
Signature
Peter Burlage
Printed Name
President and CEO
Title
STATE OF Texas
COUNTY OF ')�Q G S
SUBSCRIBED AND SWORN b ore me on this the 319 V` day of
20L. to which witjieo my hand ands al of office.
Not Public in and for the State of ! X� S
. " KATHRYN AWN SEALS
TCEQ 20149 = *: MY COMMISSION EXPIRES August 2011
!' Deoirber 21, 2017