Item # 6 - Municipal Setting Designation (MSD) for 420 Broadway

1. CITY OF ALAMO HEIGHTS
ADMINISTRATION AND FINANCE DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Phil Laney, Assistant City Manager
SUBJECT: A Resolution in support of the application of Gray Street Light, LP to the Texas
Commission on Environmental Quality (TCEQ) for a Municipal Setting
Designation for the property located at 420 Broadway and adjacent public rights of
way in San Antonio
DATE: February 27, 2023
SUMMARY
A Resolution supporting the application of Gray Street Light, LP to the Texas Commission on
Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) for the property
located at 420 Broadway and adjacent public rights of way in San Antonio.
BACKGROUND INFORMATION
In 2003, the Texas Legislature authorized, through Chapter 361 of the Texas Health and Safety
Code, the creation of a Municipal Setting Designation, a voluntary deed restriction preventing the
use of contaminated groundwater. The MSD designates an area with contaminated groundwater
as prohibited for use as potable water, creating a legally binding way to ensure the public is not
exposed to contaminants. The law is administered by TCEQ and requires local City support to
designate an MSD. The legislation intends to encourage the redevelopment of vacant or abandoned
properties while protecting public health and the environment.
The City of San Antonio is the primary Retail Public Utility (RPU) within the limits of the MSA.
The project is located at 420 Broadway in San Antonio. The City of Alamo Heights is one of two
RPUs within a five (5) mile radius of the subject project, along with San Antonio Water System
(SAWS).
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. In October 2022, SAWS issued a Letter of Intent
to support MSD through a resolution of support once the City of San Antonio adopted the MSD
Ordinance. On December 15, 2022, the City of San Antonio City Council approved an ordinance
for the MSD and supported certification of it by TCEQ at the request of Gray Street Light, LP.
Gray Street Light will be submitting an application to TCEQ for certification of the MSD.
The subject property formerly operated as a newspaper publishing and printing press facility since
at least 1930 under San Antonio Light and, more recently, San Antonio Express-News ownership
and is commonly referred to as the “Light Building.” Gray Street Light (the applicant) acquired
ownership of the property in December 2016 and is currently renovating the existing on-site
structures for proposed commercial use. The soil and groundwater contamination at 420 Broadway
consists of trichloroethylene (TCE). The source of the contamination is historic uses, namely

2. newspaper and printing press facility, automotive facility and dry cleaning facility, and no longer
in operation. The contamination does not threaten drinking or surface water resources, and
contaminant concentrations in groundwater are stable to decreasing.
The 2.692-acre site seeking a MSD is approximately 4.0 miles from the wells owned by the City
of Alamo Heights. MSDs will not affect Alamo Heights property or the use of City water wells.
Drinking water supplied by the City and Retail Utilities are not affected.
POLICY ANALYSIS
The creation of a Municipal Setting Designation is authorized by Texas Health and Safety Code,
Chapter 361, Subchapter W. A MSD prohibits the use of designated groundwater at the site and
prevents exposure to affected groundwater by preventing water well installation and groundwater
use in a specific area through a deed restriction. The support of a Municipal Setting Designation
is consistent with the City’s interest in providing clean and healthy water to residents and limiting
the potential contamination of water bodies utilized by the City and surrounding communities.
COORDINATION
Staff has reviewed the Resolution with the City Attorney and the City Manager.
FISCAL IMPACT
There is no fiscal impact on the City.
ATTACHMENTS
Attachment A – Draft Resolution
Attachment B – San Antonio Water System Letter of Intent
Attachment C – City of San Antonio Adopted MSD Ordinance
______________________
Phil Laney
Assistant City Manager
______________________
Buddy Kuhn
City Manager

3. Attachment A
RESOLUTION NO. 2023R - 162
A RESOLUTION OF CITY OF ALAMO HEIGHTS, TEXAS IN SUPPORT
OF THE APPLICATION OF GRAY STREET LIGHT, LP TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) FOR A
MUNICIPAL SETTING DESIGNATION (MSD) FOR PROPERTY
LOCATED AT 420 BROADWAY 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, Gray
Street Light, LP ("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 420 Broadway 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 27 feet below ground surface; and,
WHEREAS, the Site is approximately 4.0 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 Gray Street Light’s application to the TCEQ for
certification of a Municipal Setting Designation for the site located at 420 Broadway and adjacent
public rights of way in San Antonio, Texas.
Section 2. This Resolution shall take effect upon its adoption.

4. Attachment A
PASSED AND APPROVED this the 27th day of February, 2023.
____________________________________
BOBBY ROSENTHAL
MAYOR
ATTEST:
____________________________________
ELSA T. ROBLES, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
FRANK J. GARZA
CITY ATTORNEY

5. Attachment B

6. JH
12/15/22
No. 56
ORDINANCE
20 22-1 2 - 1 5 - 0 g 9 6
PROHIBITING THE USE OF DESIGNATED GROUNDWATER FROM
BENEATH A TRACT OF LAND CONTAINING 2.692 ACRES LOCATED IN
AND AROUND 420 BROADWAY IN SAN ANTONIO, TEXAS AND
SUPPORTING CERTIFICATION OF A MUNICIPAL SETTING
DESIGNATION BY THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY; ESTABLISHING A PENALTY AND DIRECTING THE CITY
CLERK TO PUBLISH NOTICE
* * * * *
WHEREAS, Subchapter W, "Municipal Setting Designations," of Chapter 361, "Solid Waste
Disposal Act," of the Texas Health and Safety Code authorizes the Texas Commission on
Environmental Quality to certify municipal setting designations; and
WHEREAS, pursuant to Section 551.00S(a) of the Texas Local Government Code, for the
purpose of establishing and enforcing a municipal setting designation, the governing body of a
municipality may regulate the pumping, extraction, or use of groundwater by persons other than
retail public utilities, as defined by Section 13.002, Water Code, to prevent the use of or contact
with groundwater that presents an actual or potential threat to human health; and
WHEREAS, the City Council finds that:
(1) The eligibility criteria of Section 361.803 of the Texas Health and Safety Code
have been met;
(2) This municipal setting designation ordinance will not have an adverse effect on the
current or future water resource needs or obligations of the City of San Antonio;
(3) There is a public drinking water supply system that satisfies the requirements of
Chapter 341 of the Texas Health and Safety Code and that supplies or is capable of
supplying drinking water to the designated property and property within one-half mile
of the designated property; and
(4) This municipal setting designation ordinance is necessary because the
concentrations of chemicals of concern in the groundwater beneath the designated
property exceed concentrations considered safe for human ingestion; and
WHEREAS, passing this municipal setting designation ordinance will encourage the
redevelopment of the designated property consistent with the goals of the City; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO:
Attachment C

7. JH
12/15/22
No. 56
SECTION 1. That for purposes of this municipal setting designation ordinance, the "designated
property" means a tract of land containing 2.692 acres located in and around 420 Broadway and
adjacent portions of the public right-of-way in San Antonio, Texas and within the corporate limits
of the City of San Antonio that is described in Exhibit A attached hereto.
SECTION 2. That for purposes of this municipal setting designation ordinance, "designated
groundwater" means water below the surface of the designated property to a depth of 100 feet.
SECTION 3. That use of the designated groundwater from beneath the designated property as
potable water, as defined in Section 361.801 (2) of the Texas Health and Safety Code, and the
following uses of or contacts with the designated groundwater are prohibited:
(1) Human consumption or drinking.
(2) Showering or bathing.
(3) Cooking.
(4) Irrigation of crops for human consumption.
SECTION 4. That the City Council supports the application to the Texas Commission on
Environmental Quality for certification of a municipal setting designation for the designated
property.
SECTION 5. That any person owning, operating, or controlling the designated property remains
responsible for complying with all applicable federal, state, and local statutes, ordinances, rules,
and regulations relating to environmental protection and that this municipal setting designation
ordinance in itself does not change any environmental assessment or cleanup requirements
applicable to the designated property.
SECTION 6. That approval of this municipal setting designation ordinance shall not be construed
to subject the City of San Antonio to any responsibility or liability for any injury to persons or
damages to property caused by any chemical of concern.
SECTION 7. That after adoption of this municipal setting designation ordinance, the City
Manager, or designee, or the Director, Public Works Department, or designee, shall cause to be
filed a certified copy of this municipal setting designation ordinance in the deed records of the
county where the designated property is located.
SECTION 8. That the City Manager, or designee, or the Director, Public Works Department, or
designee, shall notify the Texas Commission on Environmental Quality 60 days prior to any
amendment or repeal of this municipal setting designation ordinance.
SECTION 9. That a violation of Section 3 of this municipal setting designation ordinance is
punishable by a fine not to exceed $2,000.00, and that the Texas Commission on Environmental
Quality shall be notified of any violations.
SECTION 10. Should any Article, Section, Part, Paragraph, Sentence, Phrase, Clause, or Word
of this ordinance, for any reason be held illegal, inoperative, or invalid, or if any exception to or
limitation upon any general provision herein contained be held to be unconstitutional or invalid or
Attachment C

8. JH
12/15/22
No. 56
ineffective, the remainder shall, nevertheless, stand effective and valid as if it had been enacted
and ordained without the portion held to be unconstitutional or invalid or ineffective.
SECTION 11. The City Clerk is directed to publish notice of this Ordinance in accordance with
Section 17 of the Charter of the City of San Antonio. The penalty, fine or forfeiture provisions in
thi ordinance shall apply five days after publication.
SECTION 12. There is no fiscal impact associated with the approval of this Ordinance.
SECTION 13. The financial allocations in this Ordinance are subject to approval by the Deputy
Chief Financial Officer, City of San Antonio. The Deputy Chief Financial Officer may, subject to
concurrence by the City Manager or the City Manager's designee, correct allocations to specific
Cost Centers, WBS Elements, Internal Orders, General Ledger Accounts, and Fund Numbers as
necessary to carry out the purpose of this Ordinance.
SECTION 14. This ordinance shall be effective immediately upon passage by eight or more
affirmative votes; otherwise it shall be effective on the tenth day after passage hereof.
PASSED and APPROVED this 15th
day of December, 2022.
R
ATTEST: APPROVED AS TO FORM:
7)1b;~~
J?d;;;;
Debbie Racca-Sittre, City Clerk
Attachment C

9. 56.
City of San Antonio
City Council Meeting
December 15, 2022
2022-12-15-0996
Ordinance approving a Municipal Setting Designation prohibiting the use ofdesignated
groundwater beneath a tract of land containing 2.692-acres described in the application as the
former SA Light Building located in and around 420 Broadway in San Antonio, Texas; and
supporting certification ofa Municipal Setting Designation by the Texas Commission on
Environmental at the request ofGray Street Light, LP; establishing a penalty and publishing notice.
[Roderick Sanchez, Assistant City Manager; Razi Hosseini, Director, Public Works]
Councilmember Rocha Garcia moved to Approve on the Consent Agenda. Councilmember
Castillo seconded the motion. The motion carried by the following vote:
Aye: irenberg, Bravo, McKee-Rodriguez, Viagran, Rocha Garcia, Castillo,
Cabello Havrda, Sandoval, Pelaez, Courage, Gallagher
Attachment C

10. JH
12/15/22
No. 56
EXIBIT A to Municipal Setting Designation Ordinance
DESCRIPTION OF "DESIGNATED PROPERTY"
A tract of land containing 2.692 acres located in and around 420 Broadway and adjacent portions
of the public right-of-way in San Antonio, Texas and within the corporate limits of the City of
San Antonio, as more fully described by the attached plats and metes and bounds descriptions.
Attachment C

11. C >
D*MAWYER
- - - LAN D SURVEYIN G---
METES AND BOUNDS DESCRIPTION
FORA
2.692 ACRE TRACT OF LAND
"ZONING"
BRD485- SA LIGHT ZONING
BEING a 2.692 acre, or 117,261 square feet, tract of land situated in the City ofSan Antonio, Bexar County, Texas, being
comprised ofthe following tracts of land: Lot 14, Block 16, New City Block (N.C.B) 432, San Antonio Light Subdivision,
a subdivision situated in the City of San Antonio, Bexar County, Texas, according to the plat thereof recorded in Volume
9708, Page 121 , ofthe Deed and Plat Records of Bexar County, Texas, and a portion ofthe Right-of-Way (R.O.W.) of
Broadway Street (a 78' wide R.O.W.), as depicted on said San Antonio Light Subdivision plat, and said 2.692 acre tract of
land being more particularly described by metes and bounds as follows:
BEGINNING at a½" iron pin found at the intersection of the Southwesterly R.O.W. line ofMcCullough Avenue (an 80'
wide R.O.W.) and the Northwesterly R.O.W. line of North Alamo Street (a 72' wide R.O.W.), and being the most
Easterly comer of said Lot 14 and the Easterly comer of this herein described tract of land;
THENCE with the Northwesterly R.O.W. line of said North Alamo Street, and with the Southeasterly line of said Lot 14,
S 44° 57' 40" W, a distance of288.07 feet to a point at the Easterly end ofa cutback Line between the Northwesterly
R.O.W. line of said North Alamo Street and the Northeasterly R.O.W. line of 4th
Street (an 80' wide R.O.W.), being at the
beginning ofa curve to the right, and being a Southerly comer of said Lot 14 and this herein described tract of land;
THENCE with the cutback line between the Northwesterly R.O.W. line of said North Alamo Street and the Northeasterly
R.O.W. line ofsaid 4th
Street, with the Southerly line of said Lot 14, and with said curve to the right, having an arc length
of23 .50 feet, a radius of 15.00 feet, a delta angle of 89° 45' 00", a tangent length of 14.93 feet, and a chord bearing and
distance of S 89° 50' IO" W, 21.17 feet to a point at the Westerly end of said cutback line, and being the most Southerly
comer of said Lot 14 and this herein described tract of land;
THENCE with the Northeasterly R.O.W. line of said 4th
Street, and with the Southwesterly line of said Lot 14,
N 45° 17' 20" W, at a distance of279.16 feet passing the Southerly end ofa cutback line between the Northeasterly
R.O.W. line of said 4th
Street and the Southeasterly R.O.W. line of said Broadway Street, and a comer of lot 14, and
continuing across and through the R.O.W. of said Broadway Street, for a total distance of372.23 feet to a point at the
intersection of the Northeasterly R.O.W. line of said 4th
Street and the Northwesterly R.O.W. line of said Broadway
Street, being the most Southerly comer ofa called 0.9433 ofan acre tract of land, as conveyed to Broadway 405, LLC,
and recorded in Document No. 20200065386, ofthe Official Public Records of Bexar County, Texas, and being the most
Westerly comer of this herein described tract ofland;
THENCE with the Northwesterly R.O.W. line of said Broadway Street, and with the Southeasterly line ofsaid 0.9433 of
an acre tract of land, N 44° 57' 40" E, at a distance of 126.83 feet passing the.Easterly comer of said 0.9433 ofan acre
tract of land, same being the Southerly comer ofcalled Lots 1 through 3, the North one-half of Lot 4, and all of Lot 22,
Block 17, N .C.B. 431, City of San Antonio, Bexar County, Texas, as conveyed to First Baptist Church of San Antonio
("First Baptist"), and recorded in Volume 3256, Page 1426, ofthe Official Public Records of Bexar County, Texas, and
continuing with the Southeasterly line of said First Baptist tract ofland, for a total distance of303.00 feet to a point for the
Easterly comer ofsaid First Baptist tract of land, being at the intersection ofthe Southwesterly R.O.W. line ofsaid
McCullough Avenue and the Northwesterly R.O.W. line of said Broadway Street, and being the most Northerly comer of
this herein described tract of land;
•
Attachment C

12. ..
BRD485- SA LIGHT ZONING
THENCE departing said intersection, and across and through the R.O.W. of Broadway Street, S 45° 17' 20" E, passing at
a distance of 78.03 feet to a point at the intersection ofthe Southwesterly R.O.W. line of said McCullough Avenue and the
Southeasterly R.O.W. line of said Broadway Street, being the most Northerly comer ofsaid Lot 14, and continuing with
the Southwesterly R.O.W. line of said McCullough Avenue, and with the Northeasterly line of said Lot 14, for a total
distance of387.16 feet to the POINT OF BEGINNING, and containing 2.692 acres of land.
"This docwnent was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests implied or
established by the creation or reconfiguration of the boundary ofthe political subdivision for which it was
prepared."
Bearings based on the Texas State Plane Coordinate System, Texas South Central Zone (4204), North American Datum
1983.
Exhibit prepared this the Ist
day of September, 2022.
D,)~;~;4-74+
Registered Professional Land Surveyor No. 5348
TBPLS Firm Registration #10191500
5151 W. SH 46, NEW BRAUNFELS, TX 78132
BRD485- SA LIGHT ZONING-FINAL
2
Attachment C

13. i
I
I
g
i1i
g
i1i
I
ZONING EXHIBIT
'
CALLED LOTS 1-3, N. 1/2 Of ''-.
LOT 4, & ALL OF LOT 22 '-.
BLOCK 17, N.C.B. 431 ,
FlRST BAPTIST CHURCH ,
OF' SAN ANTONIO
(VOL 3256, PG. 1426, OPRBCT)
' '
LOCATION MAP
N.T.S.
CAl..1.ED 0.9433 AC. " '
BROADWAY 405, LLC ,
(DOC. NO. 20200065388,
OPRBCT)
WfilS....
1. BEARINGS BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, TEXAS
SOL/TH CENTRAL ZONE (420-4), NORTH
AMERICAN Oit.TUM 1983.
2. THE PROFESSIONAL SER11CES
PROVIDED HEREWITH INCLUDE THE
PREPARATION OF A FIELD NOTE
DESCRIPTION.
!51!51 W
. SH 40
NEW BRAUNf'EI..S, TX 78132
PH: IIJ0.730.4448
DRElll«>AM-lX.OOM
CURVE
' '
LENG'Tl-t RADIUS DELTA
CURIE TABLE
TANGENT
FIRM 110191500
DATE: AUGUST 2022 JOB: BBlliil5.
C1 23.50' 15.00' e9•4s•oo· 14.93'
2.692 ACRES
TOTAL
LOT 14, BLOCK 16, N.C.B. 432
SAN ANTONIO LIGHT SUBDIVISION
(VOL 9708, PG. 121, DPRBCT)
' '
)
CHORD LENGTH
21.17'
CHORD BEARING
sa9-so·1o·w
/
LEGEND;
e • (IPF) FOUND 1/2" IRON PIN
UNLESS OTHERWISE NOTED
( ) • RECORD INFORMATION
DPRBCT • DEED AND PLAT RECORDS
OF BEXAR COUNTY, TEXAS
OPRBCT • OFFlCIAL PUBLIC RECORDS
OF BEXAR COUNTY, TEXAS
R.O.W. • RIGHT-OF-WAY
P.o.e. - POINT OF BEGINNING
~P.0.8.
SCALE: 1''=100'
Attachment C