Grand Prairie |
Code of Ordinances |
Chapter 13. HEALTH AND SANITATION |
Article XVIII. MUNICIPAL SETTING DESIGNATIONS |
§ 13-482. Notices of public meeting and public hearing.
(a)
Prior to or with the notice of public meeting, the applicant must notify all parties identified in subsections 13-478(b)(7)a—d., of the MSD application in accordance with V.T.C.A., Health and Safety Code § 361.805. If the notice of the MSD application has not been made, then it may be combined with the notice of public meeting.
(b)
The notices of public meeting and public hearing, excluding published and posted notices, must include, at a minimum:
(1)
The purpose of the municipal setting designation;
(2)
The eligibility criteria for a municipal setting designation;
(3)
The location and description of the property for which the designation is sought;
(4)
A statement that a municipality described in subsection 13-478(b)(7)d. or retail public utility described in subsection 13-478(b)(7)c., may provide written comments on any information relevant to the executive director's consideration of the municipal setting designation;
(5)
A statement that the executive director will certify or deny the application or request additional information from the applicant not later than ninety (90) days after receiving the application;
(6)
The type of contamination on the property for which the designation is sought; and
(7)
Identification of the party responsible for the contamination of the property, if known.
(c)
The applicant must submit a list of addresses of the notice of the MSD application letters. Notice of the MSD application to those parties listed in subsection 13-478(b)(7)a., notice of public meeting and notice of public hearing will be deemed served to all property owners within one-half mile when the notice is deposited, properly addressed, and regular postage paid, in the United States Mail. For adjacent property owners and property owners under which the plume extends, the applicant must submit certified mail receipts.
For parties listed in subsections 13-478(b)(7)b—d., a minimum of three (3) attempts to the valid address and/or contact shall be made. If any parties cannot be contacted, then the applicant must attempt to serve notice to the municipality, RPU, and owner of the property at least three (3) times. Proof of the above is two (2) attempts to get signed delivery receipts from a valid address and contact person and if unable to deliver, proof that a third attempt was made via a delivery confirmation carrier or equivalent. Hand delivery with a signed receipt will also be acceptable. The third attempt may be performed in conjunction with the second attempt.
(d)
The mailed notice of public meeting and the notice of public hearing must include the date, time and location of each event, all information as listed in subsections 13-482(b)(1)—(7), and a statement that a copy of the application is available for public viewing at a specified Grand Prairie Public Library facility. Notices will be made not less than fifteen (15) days before the date set for the public meeting and the public hearing. All notices must receive pre-approval from the director prior to mailing.
(e)
The director will provide the notices of a public meeting and a public hearing for a proposed MSD by means of a legal advertisement appearing in a paper of general circulation, not less than fifteen (15) days before the public meeting and the public hearing.
(f)
The director will provide posted notices of a public meeting and a public hearing by requesting that the city secretary post each notice at city hall, in a place readily accessible to the general public at all times, not less than fifteen (15) days before the public meeting.
(g)
The director will direct the erection of at least one (1) sign, to be furnished and posted by the applicant, upon the property for which an MSD has been requested. Where possible such sign or signs must be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property. Such sign(s) must be so erected not less than fifteen (15) days before the date set for the public meeting. Any such sign(s) will be removed subsequent to final action by the city council on the MSD application. The sign(s) must state that an MSD has been requested for the site and that additional information can be acquired by telephoning the number listed thereon or visiting the web site 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 to any official action concerning the MSD application.
(h)
The director will send a copy of the application to the Grand Prairie Public Library facility located nearest to the property that is the subject of the application, and request that it be displayed for public review. The librarian for the facility will display the application in a publicly accessible area of the library until at least the completion of city council action on the application, or the withdrawal of the application by applicant.
(Ord. No. 7329, § 1, 1-3-06; Ord. No. 8073, § 1, 1-19-10)