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2016-016 - PROHIBITING THE GROUNDWATER OF THE OLD LANDFILL FOR HUMAN CONSUMPTION...ORDINANCE NO. 2016 -016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CREATING A MUNICIPAL SETTING DESIGNATION WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2003 the 78h Texas Legislature passed a Municipal Setting Designations (MSD) statute that relates to the potability of groundwater and the requirements for removing contaminants from groundwater, and WHEREAS, the city council finds that the eligibility criteria of Chapter 361 of the Texas Health & Safety Code have been met; and WHEREAS, this MSD ordinance will not have an adverse effect on the current or future water resource needs or obligations of the City of Paris; and WHEREAS, the Lamar County Water Supply District is a public water supply system that meets the requirements of Chapter 341 of the Texas Health and Safety Code and that supplies or is capable of supplying drinking water to the MSD property and all properties within one -half mile of the MSD property; WHEREAS, this MSD ordinance is necessary because the concentration of contaminants of concern exceed ingestion protective concentration levels for human consumption; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That for purposes of this municipal setting designation ordinance, the "designated property" means the property described in Exhibit A, attached hereto and fully incorporated herein. Section 2. That for purposes of this municipal setting designation ordinance, "designated groundwater" shall mean water below the surface of the designated property to a depth of 2,000 feet. Section 3. That use of the designated groundwater from beneath the designated property as potable water is hereby prohibited. Section 4. That the sections, paragraphs, sentences, phrases, clauses and words of this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this ordinance or application thereof to any person, firm or corporation, or to any circumstance is . held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares that it would have adopted such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. That a person violating any provision of this municipal setting designation ordinance, upon conviction, is punishable by a fine not to exceed $2,000, and that the Texas Commission on Environmental Quality shall be notified of any violation. Section 6. That this ordinance shall take effect upon passage and publication, and it is accordingly so ordained. PASSED AND APPROVED this 23rd day of May 2016. ATTEST: Q"%'�00-�' (Anice Ellis, City Clerk ROVED AS TO FORM: Steph ie H. Ha 's, City Attorney N z a -- _ FM 1499-7,,-Z r r- I � I 'o4j � L--- --- -- ---- ' r , 19 SPUR 139 r 1 io m I =°� LAMAR AVE US HWY 82 E- Trtu 1' N i e 0 i N N Q' ATTACHMENT -1 LANDFILL SITE DESCRIPTION K SITUATED approximately 4 miles N28 E from the City of Paris, County of Lamar, and State of Texas, a part of the John Wilson Survey, being 162 acres of tracts, 1, 2, 3, 4, 5, and 6 of a 192 acre tract of land conveyed The City of Paris, Texas by deed recorded in Volume 363, Page 588, dated January 16, 1962, of the Deed Records of said County and State and being further described as follows: BEGINNING at the Southeast corner of said City of Paris tract, said corner being the Southeast corner of 148.2 acre tract of land formerly owned by J.. 0. Sisson, conveyed by J. E. hill, recorded in Volume 78, Page 411, dated September 26, 1893, of said Deed Records; THENCE WEST a distance of 3972.0 feet to the -Southwest corner of said City of Paris tract; THENCE NORTH a distance of 1630.2 feet to the Northwest corner of said City of Paris tract; THENCE EAST a distance of 3378 feet to an "Ell" corner of said City of Paris tract, said corner also being the Southwest corner of a 50 acre tract of land formerly owned by We A. Wilson, conveyed by William M. Smith, recorded in Volume 55, Page 308, of said Deed Records; THENCE NORTH a distance of 990.0 feet to the most Northern Northwest corner of said City of Paris tract, said corner also being the Northwest corner of said Wilson tract; THENCE EAST a distance of 594.0 feet to the Northeast corner of said City of Paris tract; THENCE SOUTH a distance of 2620.2 feet to the POINT OF BEGINNING, containing 162 acres of land, more, or less. Duo 663 FACE 404