2004-333ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER, AS DENTON'S DULY AUTHORIZED
REPRESENTATIVE, TO ACCEPT A WATER QUALITY GRANT FROM THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY ("USEPA"); AUTHORIZING THE
CITY MANAGER TO ACT ON BEHALF OF THE CiTY OF DENTON IN ALL MATTERS
RELATED TO THE GRANT, INCLUDING FUNDING THE CITY'S COST SHARE OF THE
GRANT; AND PLEDGING THAT THE CITY OF DENTON WILL COMPLY IN ALL
MATERIAL RESPECTS WITH THE PROJECT REQUIREMENTS OF THE GRANT
(DEMONSTRATING THE IMPACTS OF OIL AND GAS EXPLORATION ON WATER
QUALITY AND HOW TO MINIMIZE THESE IMPACTS THROUGH TARGETED
MONITORING ACTIVITIES AND LOCAL ORDINANCES; AWARD AMOUNT FUNDED
BY USEPA - $157,100; DENTON'S COST SHARE - $88,041); AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the United States Environmental Protection Agency (hereafter "USEPA")
earlier this year received a grant application from the City respecting the issue of assessing the
potential storm water impacts of oil and gas exploration on water quality, and how to minimize
these impacts through targeted monitoring activities and local ordinances; and
WHEREAS, USEPA after considering the grant application of the City, felt that the
application was timely and had merit, and has accordingly offered a §104(b)(3) Water Quality
Grant to the City in the amount of $157,100 for the federal share, and with an $88,041 cost share
to be borne by the City, in the form of personal services; and
WHEREAS, Staff believes acceptance of this grant will enhance the City's ability to
effectively monitor the water quality component of gas well drilling operations within the City,
and that the results fi.om the City's monitoring efforts will be important to the USEPA on a
national basis, when the USEPA Phase II storm water permit is re-authorized during the next
permitting cycles; and
WHEREAS, the Council of the City of Denton, Texas desires to accept this §104(b)(3)
Water Quality Grant; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager of the City of Denton, Texas, is authorized to
accept the above referenced grant, and to act on behalf of the City of Denton, Texas in any and
all matters related to the grant; including without limitation, authorizing in-kind services for the
City's cost share of the grant, related to the monitoring program that was established during the
revisions to Subchapter 22 of the Denton Development Code.
SECTION 2. That the City of Denton, Texas will comply with all material grant
provisions established by the USEPA.
SECTION 3. That the grant funds, and any grant-funded equipment, and any grant-
funded facilities will be used only for the purposes for which they are intended to be used under
the grant.
SECTION 4. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the /~ day of~ 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Documents\Ordinances\04\US EPA Water Quality Grant-104(b)(3) Grant Receipt.doc
2