Item # 7 - Municipal Setting Designation Popular Bank TCEQ

1. CITY OF ALAMO HEIGHTS
DEPARTMENT OF PUBLIC WORKS
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Patrick Sullivan, Director of Public Works
SUBJECT: A Resolution in support of the application of Popular Bank to the Texas
Commission on Environmental Quality (TCEQ) for a Municipal Setting
Designation (MSD) for the property located at 4200 N. Pan Am Expressway and
adjacent public rights of way in San Antonio.
DATE: September 28, 2020
SUMMARY
A Resolution in support of the application of Popular Bank to the Texas Commission on
Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) for the property
located at 4200 N. Pan Am Expressway and adjacent public rights of way in San Antonio.
BACKGROUND
MSA is a voluntary deed restriction preventing the use of contaminated groundwater, legally
binding way to make sure the public is not exposed to contaminants.
The City of San Antonio is the primary Retail Public Utility (RPU) within the limits of the MSA
while the City of Alamo Heights is one of three (3) others RPU’s within a five (5) mile radius of
the subject property located at 4200 N Pan Am Expressway in San Antonio.
The City of San Antonio has applied for a MSD which requires documentation that the applicant
is supported by the governing body of each RPU.
Popular Bank will be submitting application to Texas Commission on Environmental Quality
(TCEQ) for certification of the MSD.
The site is approximately 3.7 miles from the wells owned by the City of Alamo Heights.
MSG’s will not affect AH property or the use of our water wells. Drinking water supplied by the
City and Retail Utilities are not affected.
Benefits of a MSD protects the public, encourages clean-up of contaminants while promoting
redevelopment of under-utilized properties.
POLICY ANALYSIS
Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act Authorizes TCEQ to certify
MSDs.

2. FISCAL IMPACT
There is no fiscal impact.
COORDINATION
This item has been reviewed and coordinated with the City Manager and City Attorney.
ATTACHMENT
Attachment A – Resolution
_________________________
Pat Sullivan
Director
_________________________
Buddy Kuhn
City Manager

3. Attachment A
RESOLUTION NO. 2020R - _________
A RESOLUTION OF CITY OF ALAMO HEIGHTS, TEXAS IN SUPPORT
OF THE APPLICATION OF POPULAR BANK TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) FOR A
MUNICIPAL SETTING DESIGNATION (MSD) FOR PROPERTY
LOCATED AT 4200 N PAN AM EXPRESSWAY AND ADJACENT PUBLIC
RIGHTS OF WAY IN SAN ANTONIO, TEXAS; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act authorizes the
Texas Commission on Environmental Quality ("TCEQ") to certify Municipal Setting Designations
for properties upon receipt and approval of a properly submitted application to the TCEQ; and,
WHEREAS, as part of the application to the TCEQ for a Municipal Setting Designation, Popular
Bank ("Applicant") is required to provide documentation that the application is supported by the
governing body of each retail public utility that owns or operates a groundwater supply well
located not more than five (5) miles from the proposed designated area; and,
WHEREAS, Applicant filed an application with the City of San Antonio, Texas for the issuance
of a Municipal Setting Designation ordinance for the property located at 4200 N Pan Am
Expressway, and adjacent public rights of way in San Antonio, Texas; and,
WHEREAS, with the adoption of the San Antonio Ordinance, the Applicant now desires and
intends to submit to the 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, City of Alamo Heights owns groundwater public supply wells within five miles from
the Site; and,
WHEREAS, the designated groundwater identified in the Applicant's City of San Antonio
Municipal Setting Designation Application is shallow, perched groundwater beneath the Site to a
depth of 200 feet below ground surface; and,
WHEREAS, the Site is approximately 3.7 miles from the wells owned by City of Alamo Heights
and the designated groundwater identified in the Applicant's city of San Antonio Municipal Setting
Designation Application will not impact the wells owned by the City of Alamo Heights;
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
ALAMO HEIGHTS
Section 1. City of Alamo Heights supports Popular Bank’s application to the TCEQ for
certification of a Municipal Setting Designation for the site located at 4200 N. Pan Am
Expressway, San Antonio, Texas.

4. Attachment A
Section 2. This Resolution shall take effect upon its adoption.
PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS THIS 28th DAY OF SEPTEMBER, 2020.
BOBBY ROSENTHAL, MAYOR
ATTEST:
JENNIFER REYNA, CITY SECRETARY
APPROVED AS TO FORM:
FRANK J. GARZA, CITY ATTORNEY