03-04-23-Ordinance-Amending Chapter 13, Utilities Adding Municipal Setting Designation-03/06/2023CITY OF SANGER, TEXAS
ORDINANCE 03-04-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, REGARDING AMENDING THE CITY OF SANGER CODE OF
ORDINANCE, CHAPTER 13 UTILITIES, ARTICLE 13,2800 MUNICIPAL SETTING
DESIGNATION, SECTIONS 13,2801 DEFINITIONS, 13,2802 USE OF GROUNDWATER
IN MSD AREAS PROHIBITED, 13,2803 APPLICATION FOR CITY COUNCIL
APPROVAL OF MSD, 13.2804 STAFF REVIEW, 13,2805 NOTICE OF PUBLIC
MEETING, 13,2806 PUBLIC MEETING, 13,2807 CITY COUNCIL PUBLIC HEARING,
13.2808 LIMITATION ON REAPPLICATION, AND 13.2809 ADDITIONAL
PROVISIONS, ENFORCEMENT, AND PENALTIES; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR
VIOLATIONS; AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Sanger (the "City") is a home rule municipality regulated by state
law and Charter; and
WHEREAS, the City Council finds it necessary for the public health, safety, and welfare
that development occur in a controlled and orderly manner; and
WHEREAS, all request for amendment to the Code of Ordinance were duly filed with the
City of Sanger, Texas; and
WHEREAS, the following provision of proper legal notice requirements, were made in
the time and manner prescribed by law; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest
of the citizens of Sanger.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
SECTION 1. That an amendment to Chapter 13 Utilities, Article 13.2800 Municipal
Setting Designation, Sections 13.2801 Definitions, 13.2802 Use of Groundwater in MSD Areas
Prohibited, 13.2803 Application for City Council Approval of MSD, 13.2804 Staff Review,
13.2805 Notice of Public Meeting, 13.2806 Public Meeting, 13.2807 City Council Public Hearing,
13.2808 Limitation on Reapplication, and 13.2809 Additional Provisions, Enforcement, and
Penalties as described in Exhibit A is hereby granted.
Ordinance — 03-04-23 Amendment to Chapter 13 Municipal Settings Designation
Page 1 of 2
SECTION 2. That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety,
SECTION 3. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional word, phrase, clause, sentence, paragraph, or section.
SECTION 4. Any person, fit7n or corporation who shall violate any of the provisions of
this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance
with the general penalty provision found in The Code of Ordinances, Section 1.109 General
Penalty for Violations of Code.
SECTION 5. This ordinance will take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
6th day of March, 2023,
APPROVED:
Aylt
ATTEST: Thomas E. Muir, Mayor
Kelly Edwai , City Secretary
A
APPROVED TO FORM:
gh Coleman, City Attorney
Ordinance — 03-04-23 Amendment to Chapter 13 Municipal Settings Designation
Page 2 of 2
EXHIBIT A
ARTICLE 13.2800 MUNICIPAL SETTING DESIGNATION (MSD)
Sec. 13.2801 Definitions
For the purposes of this article, the following terms, phrases, words, abbreviations, and their
derivations shall have the meaning given herein. When not inconsistent with the context, words
used in the present tense include the future tense, words in the plural number include the singular
number and words in the singular number include the plural number. The word "shall" is always
mandatory and not merely directory. Words not defined shall be given their common and ordinary
meaning.
Affected colnmunib�, Those persons entitled to notice as defined in section 13-2803(b)(6).
Authorized representative. For purposes of signing an application, if the applicant is a corporation,
the president, secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision -making functions
for the corporation; if the applicant is a partnership or sole proprietorship, a general partner or
proprietor, respectively; and if the applicant is a local government, the chief executive officer or
his authorized designee.
Chemical or contaminant of concern. Any chemical that has the potential to adversely affect
ecological or human receptors due to its concentration, distribution, and mode of toxicity.
City attorney. The City Attorney for the City of Sanger or the City Attorney's authorized
representative.
Desi ng ated groundwaterGroundwater that will be or is prohibited from use as potable water, or
for all uses, by a municipal setting designation ordinance.
Designated propec�ty. The property that will be or is subject to a municipal setting designation
ordinance. The designated property may cover several platted lots or tracts of land.
Director. The Director of Development Services for the City of Sanger, or the Director's authorized
representative.
Environmental risk assessment. The qualitative and quantitative evaluations performed to define
the risk posed to human health and/or the environment by the presence or potential presence and/or
use of pollutants.
Groundwater. Water below the surface of the earth.
h&estiUri protective concentr'atiol1 level. The protective concentration level for human ingestions
of contaminants of concern established by the TCEQ under the Texas Risk Reduction Program,
determined as if there was no municipal setting designation.
Ingestion protective concentration level zone. The area where concentrations of contaminants of
concern from sotuces on or migrating through the designated property are greater than the
ingestion protection concentration level, determined as if there was no municipal setting
designation.
Municipal setting designation (MSD). A designation as provided by V.T.C.A. Health and Safety
Code Ch. 361, Subch. W, which authorizes the Executive Director of the Texas Commission on
Environmental Quality to certify municipal setting designations to limit the scope of, or eliminate
the need for, investigations or response actions addressing contaminant impacts to groundwater
that has been restricted from use by ordinance or restrictive covenant.
Municipal setting designation ordinance. An ordinance adopted pursuant to this article.
Nonin estion protective concentration. level. The protective concentration level for dermal contact
or inhalation of contaminants of concern established by the TCEQ under the Texas Risk Reduction
Program.
Nonin e�protective concentration level exceedance zone. The area where concentrations of
contaminants of concern from sources on or migrating from or through the designated property are
greater than noningestion protection concentration levels for contaminants of concern established
by the TCEQ under the Texas Risk Reduction Program.
Potable water. Water used for irrigating crops intended for human consumption, as well as water
used for drinking, showering, bathing, or cooking purposes.
Protective concentration level. The lowest concentration level for a contaminant of concern within
a source medium is determined from all applicable exposure pathways and as defined in the Texas
Risk Reduction Program.
Response action. The control, decontamination, or removal from the environment of a contaminant
or hazardous substance pursuant to V.T.C.A. Health and Safety Code Ch. 361, Subch. W,
"Municipal Setting Designation," of "Solid Waste Disposal Act".
TCE . The Texas Commission on Environmental Quality.
TCEQ application. The application submitted to the TCEQ for certification of a municipal setting
designation.
To the extent known. Information known by an applicant or applicant's agent after review of all
public and private records and other information sources available in the exercise of due diligence.
Sec. 13.2802 Use of Groundwater in MSD Areas Prohibited
(a) A person commits an offense if the person intentionally, lcrrowingly, or with criminal
negligence uses groundwater in the designated property as a potable or non -potable water
source.
(b) A person commits an offense if the person intentionally, knowingly, or with criminal
negligence uses groundwater in designated property for any purpose prohibited as a condition
of council approval, as specified in section 13.2807(d).
Sec. 13.2803 Application for City Council Approval of MSD
(a) A person seeking city council approval of an MSD for an area within the corporate limits of
the City of Sanger shall apply in writing to the Development Services Department of the City
of Sanger, with the number and format of copies, as determined by the director.
(b) An application shall contain:
(1) The applicant's name and address, and the name, address, daytime telephone number,
and email address of both the applicant's contact person and the licensed professional
who prepared the application;
(2) The location and legal description of the proposed outer boundaries of the MSD area for
which designation is sought;
(3) A statement as to whether a public drinking water supply system exists that satisfies the
requirements of V.T.C.A. Health and Safety Code Ch. 341 and that supplies or is capable
of supplying drinking water to the area for which the MSD is sought, and property within
one-half mile of the area for which the MSD is sought;
(4) A description of the groundwater sought to be restricted, including the identified
chemicals of concern therein and the levels of contamination known to the applicant,
and the identified vertical and horizontal extent of the contamination. If the applicant has
not documented groundwater contamination offsite that originates from the area for
which an MSD is sought, the application shall include a statement as to whether
contamination more likely than not exceeds residential assessment levels offsite and the
basis for that statement;
(5) Identification of the points of origin of the contamination, and identification of the
person(s) responsible for the contamination, to the extent known;
(6) A listing of:
a. All state -registered private water wells within five (5) miles from the boundary of
the area for which the designation is sought, including a notation of those wells that
are used for potable water purposes (if known);
b. Each retail public utility, as that term is defined in the Texas Water Code, that owns
or operates a groundwater supply well located not more than five (5) miles from the
area for which the MSD is sought;
c. Each municipality, other than the City of Sanger, with a boundary located not more
than one-half (1/z) mile from the area for which the MSD is sought; or that owns or
operates a groundwater supply well located not more than five (5) miles from the
area for which the MSD is sought; and
d. All owners of real property lying within two hundred (200) feet of the subject
property, as the ownership appears on the last approved city tax roll.
(7) A site map, drawn to scale, including a metes and bounds description of the proposed
designated property, the boundary of the proposed MSD area, the location of
groundwater on the proposed MSD area, and the extent of groundwater contamination
to the limits that it has been defined. The map shall include a statement by a professional
land surveyor registered by the Texas Board of Professional Surveying attesting to the
accuracy of the metes and bounds description;
(8) The location of all soil sampling points and groundwater monitoring wells;
(9) For each contaminant of concern found at the site, to the extent known, provide a table
displaying the following information:
a. The level of contamination, the ingestion protective concentration level, and
noningestion protective concentration levels, all expressed as mg/L or mg/kg,
depending on the sampling medium; and
b. The critical protective concentration level as defined without the municipal setting
designation, highlighting any exceedances; and
c. The critical protective concentration level as defined with the municipal setting
designation, highlighting any exceedances; and
d. A digital file, in a format acceptable to the Director, that summarizes this
information.
(10) A statement as to whether contamination on and off the designated property will exceed
a residential assessment level as defined in the Texas Risk Reduction Program if known,
and the basis for that statement;
(11) A description of any environmental regulatory actions that have been taken within the
last five (5) years in conjunction with the designated property, to the extent known;
(12) A listing of all existing TCEQ, U.S. Environmental Protection Agency registrations,
permits, and identification numbers that apply to the designated property;
(13) A summary of any environmental site assessment reports filed with the TCEQ regarding
any site investigation or response actions that are planned, ongoing, or completed related
to this designated property;
(14) A statement as to whether the designated property has been submitted to the Texas
Voluntary Cleanup Program (V.T.C.A. Health and Safety Code § 361,601) or similar
state or federal program, and a description of the designated property's status in the
program;
(15) Any other information that the director deems pertinent.
(c) The application shall be signed by an authorized representative of the applicant and shall
contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in a manner designed to assure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry of the person or persons
directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment
for knowing violations."
(d) An application shall be accompanied by:
(1) An electronic file of names and addresses of persons listed in subsection (b)(6) above,
in a format acceptable to the director and compatible with city information systems; and
(2) A set of printed mailing labels with the naives and addresses of persons listed in
subsection (b)(6) above; and
(3) A nonrefundable application fee in an amount set by the city council; and
(4) It is the sole responsibility of the applicant to ensure that the language of the public
notice, as well as the notification process itself, meets the state requirements.
(e) An applicant may withdraw their application only in writing by letter sent by certified mail,
return receipt requested, to the Director, and shall forfeit the application fee. If the Director
has not issued public notice prior to the receipt of the withdrawal letter, the applicant may
reapply at any time. If public notice has been issued, a new application is subject to the
limitations of section 13-2808 below.
Sec. 13.2804 Staff Review
(a) For purposes of the times stated in this article, an application is deemed to have been received
on the date that the application was actually received by the Director, as indicated by the filing
date on the application by the Development Services department.
(b) The application for an MSD shall be forwarded to the development review committee (DRC)
for staff review. The purpose of the review is to determine whether the application is complete
and whether any current or future city property or other interests have the potential to be
impacted by the proposed MSD. City staff shall not conduct an environmental risk assessment
of the application.
(c) If the Director, in his or her sole discretion, determines that it is likely that a source of a
contaminant of concern originated on Lite designated property, and that the ingestion or
noningestion protective concentration level exceedance zone for that contaminant of concern
extends to the public right-of-way adjacent to the designated property, the Director may
recommend that the municipal setting designation include a condition that the public right-
of-way adjacent to the property be included, at no additional cost to the city, in the TCEQ
application for the MSD.
(d) If the Director determines that the application is incomplete or insufficient, the application
will be returned to the applicant, noting the deficiencies in writing. The applicant shall have
thirty (30) days from the date of the deficiency letter to correct the deficiencies and resubmit
the application. If the applicant fails to submit a corrected application within the allotted time,
the application shall be deemed to be withdrawn and the application fee forfeited.
(e) If the Director determines that the application is complete, a public meeting and a public
hearing will be scheduled. The public meeting must be held prior to the public hearing.
(1) A public meeting will be scheduled approximately forty-five (45) days following the day
the application was received; and
(2) A public hearing of the city council will be scheduled approximately thirty (30) days
following the public meeting.
Sec. 13.2805 Notice of Public Meeting
(a) Notice of the public meeting for an MSD application must include the date, time, and location
of the public meeting, the identity of the applicant, the location and legal description of the
designated property, the purpose of the MSD, the type of contamination identified in the
groundwater of the area for which the MSD is sought, and a statement that a copy of the
application is available for public viewing at the city secretary's office notice will be made as
follows:
(1) The Director will publish notice of a public meeting for a proposed MSD in the official
newspaper of the city, or in a newspaper of general circulation, not less than fifteen (15)
days before the public meeting,
(2) The Director will provide written notice of a public meeting for a proposed MSD, not
less than fifteen (15) days before the date of the public meeting by properly addressed
and regular postage paid, in the United States mail. Notice will be mailed to:
a. The applicant;
b. Those on the list provided by the applicant pursuant to section 13-2803(b#);
(b) The applicant is required to post at least one (1) sign-up on the area for which an MSD has
been requested. The sign(s) must state that an MSD has been requested for the area and that
additional information can be acquired by telephoning the number listed thereon or visiting
the website address listed thereon. The erection and/or the continued maintenance of any such
sign shall not be deemed a condition precedent to the holding of any public meeting or public
hearing or any official action concerning the MSD application.
Sec. 13.2806 Public Meeting
(a) The purpose of a public meeting is for the applicant to present information to the affected
community about the MSD process in general, the application specific to the property for
which the MSD is being sought, and to obtain input from the affected community prior to
formal action by the city council.
(b) The applicant or its representative must appear at the public meeting. If the applicant fails to
appear at the public meeting either in person or by a representative, the application shall be
deemed withdrawn and the application fee forfeited.
(c) The Director will facilitate the meeting, allowing the applicant or its representative the
opportunity to present its reasons for requesting an MSD, and allowing members of the
affected community the opportunity to ask the applicant questions or make oral comments on
the application.
Sec. 13.2807 City Council Public Hearing
(a) Prior to the public hearing, the Director will provide the city council a copy of the application,
and a written report summarizing the request for the MSD approval, any staff comments or
concerns, and minutes of the public meeting.
(b) The applicant or its representative must appear at the public hearing and present the request
for MSD approval. If the applicant fails to appear at the public hearing, the application shall
be deemed withdrawn and the application fee forfeited.
(c) Persons wishing to speak either in favor of or against the application will be provided the
opportunity by city council guidelines for public hearings.
(d) Following the conclusion of the public hearing, the city council may approve, conditionally
approve, disapprove, or postpone action on the application to a future date. If approving an
application, the city council shall:
(1) Approve a municipal setting designation ordinance supporting the application to be
presented to the TCEQ, and prohibiting the use of designated groundwater from beneath
the designated property; and
(2) Include in the ordinance other reasonable restrictions, including, but not limited to
specification of underground construction materials to be used in the designated
property.
(e) City council approval of an application shall not be deemed to waive the city's right to
comment on an MSD application that has been filed with the executive director of the TCEQ.
Sec. 13.2808 Limitation on Reapplication
If after a public hearing the city council disapproves an application, or if the applicant has
withdrawn its application after public notice has been issued, no new MSD applications for the
proposed designated property shall be accepted by the city or scheduled for a public hearing by
the city council within a period of twelve (12) months of the date of disapproval or withdrawal.
Sec. 13.2809 Additional Provisions, Enforcement, and Penalties
(a) A person who has received approval of an MSD from the city, shall, upon issuance from the
TCEQ, provide the Director with a copy of the certificate of completion or other
documentation issued for the MSD area, showing that response actions, if required, have been
completed.
(b) The applicant shall execute, deliver and file, no later than thirty (30) days from the date of the
TCEQ's certification, in the official real property records of Denton County, Texas, a deed
restriction approved as to form by the City Attorney prohibiting the drilling of wells and the
use of designated groundwater for any purpose, including but not limited to any potable
purpose, and excepting only: (1) wells used as monitoring wells for the collection of
groundwater samples for chemical or biological laboratory analyses; and (ii) wells used for
remediation of soil or groundwater contamination.
(c) Afile-stamped and recorded copy of said deed restriction shall be delivered to the city
attorneys office and the Director's office within three (3) business days after the date of filing.
The deed restriction shall be enforceable by the City of Sanger and may be amended or
terminated only with the prior written consent of the City of Sanger after at least thirty (30)
days prior written notice to the TCEQ of any pending amendment or termination.
(d) A person commits an offense if they fail to provide the City Attorney and the Director with
the documentation required in this section within the specified time frames.
(e) A person commits an offense if the person intentionally, knowingly, or with criminal
negligence uses groundwater in a designated property for a purpose prohibited in the
municipal setting designation ordinance.
(f) Any person who violates any provision of this article shall, upon conviction, be punished by
a fine not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions
in this article are violated shall be considered a separate offense.
(g) The City Attorney is authorized to commence an action for appropriate legal or equitable
relief in a court of competent jurisdiction in addition to the penalty mentioned in the above
subsection (f). Such additional relief may include a civil fine of up to one thousand dollars
($1,000.00) per day for violations of sections 13-2808, and all other damages, costs, remedies,
and legal processes to which the city may be entitled.
(h) This article shall be and is hereby declared to be cumulative of all other ordinances of the
City of Sanger, and this article shall not operate to repeal or affect any of such other
ordinances except insofar as the provisions thereof might be inconsistent or in conflict with
the provisions of this article, in which event such conflicting provisions, if any, in such other
ordinance or ordinances are hereby repealed.
(i) All of the regulations provided in this article are hereby declared to be governmental and for
the health, safety, and welfare of the general public. Any member of the city council or any
city official or employee charged with the enforcement of this article, acting for the City of
Sanger in the discharge of his/her duties, shall not thereby render himself/herself personally
liable; and he/she is hereby relieved from all personal liability for any damage that might
accrue to persons or property as a result of any act required or permitted in the discharge of
his/her said duties.
PURCHASE AND SALE AGREEMENT
Sanger Texas Industrial Development Corporation
E�
City of Sanger
dated as of
March 6, 2023
DRC MEDIA COMPANY
NEWS & ADVERTISING SOLUTIONS
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P.O. Box 369
Denton, TX 76202
940-387-3811
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Denton Record -Chronicle, in City of Denton/surrounding areas in
Denton County, Newspaper of general circulation which has been
continuously and regularly published for a period of not less than
one year preceding the date of the attached notice, and that the
said notice was published in said newspaper Denton Record -Chronicle
on the following dates below:
03/1 1 /2023 03/12/2023
C'
(signature of Authorized Designe�
Subscribed and sworn to before e
this 12th day of March, 2023 by
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Witness my hand and official seal:
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Notary Public, Denton County,
BANGER CITY OF
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CITY OF SANGER, TEXAS
ORDINANCE 03-04-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
REGARDING AMENDING THE CITY OF SANGER CODE OF ORDINANCE, CHAPTER 13 UTILITIES,
ARTICLE 13,2800 MUNICIPAL SETTING DESIGNATION, SECTIONS 13,2801 DEFINITIONS,
13.2802 USE OF GROUNDWATER IN MSD AREAS PROHIBITED, 13,2803 APPLICATION FOR
CITY COUNCIL APPROVAL OF MSD, 13,2804 STAFF REVIEW, 13,2805 NOTICE OF PUBLIC
MEETING, 13,2806 PUBLIC MEETING, 13,2807 CITY COUNCIL PUBLIC HEARING, 13,2808
LIMITATION ON REAPPLICATION, AND 13,2809 ADDITIONAL PROVISIONS, ENFORCEMENT,
AND PENALTIES, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE
FOR VIOLATIONS, AND PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION, AND
ESTABLISHING AN EFFECTIVE DATE, SECTION 4. Any person, firm or corporation who
shall violate any of the provisions of this article shall be guilty of a
misdemeanor and upon conviction shall be fined in accordance with the general
penalty provision found in The Code of Ordinances, Section 1 .109 General
Penalty for Violations of Code. PASSED AND APPROVED by the City Council of the
City of Sanger, Texas, on this 6th day of March, 2023.
dre 03/1 1 /2023 & 03/12/2023