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File #: 16-1941   
Type: Miscellaneous Item
In control: City Council A Session
On agenda: 4/7/2016
Posting Language: An Ordinance adopting Policy Guidelines for the Municipal Setting Designation Program which certifies designated groundwater at the designated property will not be used as potable water and will be prohibited from future use as potable water through deed restriction. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director, Transportation & Capital Improvements]
Attachments: 1. MSD Boundary Map, 2. Policy and Guidelines DRAFT - updated April 5, 2016, 3. Draft Ordinance, 4. Ordinance 2016-04-07-0247
DEPARTMENT: Transportation & Capital Improvements


DEPARTMENT HEAD: Mike Frisbie, P.E


COUNCIL DISTRICTS IMPACTED: Citywide


SUBJECT:

Municipal Setting Designation Program Policy Guidelines


SUMMARY:

An ordinance adopting Policy Guidelines for the Municipal Setting Designation Program which certifies designated groundwater at the designated property will not be used as potable water and will be prohibited from future use as potable water through deed restriction.


BACKGROUND INFORMATION:

Municipal Setting Designation (MSD) is a program authorized by the State of Texas in September 2003 which allows municipalities to have jurisdiction for a specific property with known historical shallow groundwater contamination. The MSD designation certifies designated groundwater at the designated property will not be used as potable water and will be prohibited from future use as potable water through deed restriction. This prohibition must be in the form of a site-specific city ordinance.

Properties impacted by the historical shallow groundwater contamination could be many of the same properties the City has identified as brownfields. These sites include abandoned gas stations, dry cleaning facilities, junkyards, old car dealerships, factories, undocumented landfills and other potentially contaminated properties.

Sites with potential groundwater issues can remain abandoned and unmarketable, they increase inner city blight and perpetuate the perception that redevelopment is risky and expensive. These sites decrease property values, hurt local economies and can threaten community and human health and the environment. Groundwater is the most difficult issue to address because of the unknown costs.

The Cities of Dallas, Ft. Worth and Houston have successful MSD programs and believe that the MSD is a valuable redevelopment tool because it makes infill redevelopment affordable. One consultant stated that the cost to provide all studie...

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