HomeMy WebLinkAboutResolution No. 2011-022CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, IN SUPPORT OF THE APPLICATION OF
PROPOSED QUIKTRIP STORE NO. 920 TO THE TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING
DESIGNATION FOR PROPERTY AT 101 F.M. 423, LITTLE ELM,
TEXAS; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 361, Subchapter W. of the Texas Solid Waste Disposal Act
authorizes the Texas Commission on Environmental Quality (hereinafter referred to as 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 (1/2) mile from the Site; (3) the city council of each
municipality that owns or operates a groundwater supply well located not more than five (5) miles
from the Site; and (4) the governing body of each retail public utility, as defined by Section 13.002
of the Texas Water Code, as amended, that owns or operates a groundwater supply well located not
more than five (5) miles from the Site; and
WHEREAS, QuikTrip (hereinafter referred to as the "Applicant") filed an application
with the Town of Little Elm, Texas, for the issuance of a Municipal Setting Designation ordinance
for 101 F.M. 423, Little Elm, Texas, an approximately 3.239 acre tract of land, situated in the
William McFadden Survey, Abstract No. 893, Little Elm, Denton County, Texas, with a legal and
metes and bounds description being attached hereto as Exhibit A; and
WHEREAS, the Town of Little Elm, Texas approved Applicant's application and adopted
a Municipal Setting Designation ordinance for the MSD Site on October 19, 2010; and
WHEREAS, the City of The Colony, Texas, is located approximately three (3) miles
southwest 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 BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The City Council of the City of The Colony, Texas, does hereby find and
authorizes the Mayor to execute this Resolution indicating the City's support for the Applicant's
application to the TCEQ for certification of a Municipal Setting Designation for the Site.
SECTION 2. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 22nd day of March, 2011.
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM:
J96 McCouryy, Mayor
Page 2
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City, State: LITTLE ELM, TEXAS
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QuikTrip Store No.: 920 Street: F.M. 423 & F.M. 720 City, State: LITTLE ELM TEXAS