(Ord. No. B-779-08, §§ 1, 2, 2-28-2008)
(a) 
CB-MSD-0001 is defined as follows:
All of that tract of land situated in the City of Burleson, Johnson County, Texas, out of the H.G. Catlett Survey, Abstract No. 183, and being all of Lot 3R, Block 5, G.W. Cummings Addition, according to the plat thereof recorded in Volume 9, Page 729, Plat Records, Johnson County, Texas and all of Lot A, Block 5, G.W. Cummings Addition, Johnson County, Texas, and part of a 10-foot wide alley vacated by City Ordinance No. C-564a, recorded in Volume 3249, Page 655, and Volume 3249, Page 660, Deed Records, Johnson County, Texas:
COMMENCING: at a ½-inch iron rod found at the intersection of the southwest line of NW Renfro Street (variable width right-of-way) an the northwest line of SW Anderson Street (80' right-of-way), being the most easterly corner of Lot 1-R, Block 5, G.W. Cummings Addition, according to the plat thereof recorded in Volume 7, Page 93, Plat Records, Johnson County, Texas;
THENCE, along said northwest line of SW Anderson Street, South 45 degrees 13 minutes, 58 seconds West, passing the most southerly corner of said Lot 1-R at a distance of 109.84 feet, continuing in all a distance of 114.84 feet to an "X" set in concrete at the center of said vacated 10-foot wide alley, the POINT OF BEGINNING;
THENCE, continuing along said northwest line of SW Anderson Street, South 45 degrees, 13 minutes, 58 seconds West, passing the most easterly corner of said Lot A, Block, 5, G.W. Cummings Addition, at a distance of 5.00 feet, continuing in all a distance of 165.00 feet to a ½-inch iron rod found at the most southerly corner of said Lot A;
THENCE, along the southwest line of said Lot A, North 44 degrees, 40 minutes, 12 seconds West, a distance of 217.52 feet to ½-inch iron rod found in the southeast line of SW Wilshire Boulevard, State Highway 174 (variable width right of way), at the most westerly corner of said Lot A;
THENCE, along said southeast line of SW Wilshire Boulevard, North 39 degrees, 37 minutes, 32 seconds East, a distance of 40.22 feet to an "X" found in concrete for a westerly corner of said Lot A;
THENCE, continuing along said southeast line of SW Wilshire Boulevard, North 44 degrees, 32 minutes, 00 seconds West, a distance of 28.27 feet to an "X" set in concrete for a westerly corner of said Lot A;
THENCE, continuing along said southeast line of SW Wilshire Boulevard, North 45 degrees, 21 minutes, 00 seconds East, passing the most northerly corner of said Lot A at a distance of 120.14 feet, continuing in all a distance of 234.55 feet to a ⅝-inch iron rod set with plastic cap stamped "R.P.L.S. 5199" at the intersection of said southeast line of SW Wilshire Boulevard and the southwest line of NW Renfro Street (variable width right of way), being the most northerly corner of said Lot 3R, from which a brass disc TxDOT monument found bears North 45 degrees, 21 minutes, East, a distance of 8.31 feet;
THENCE, along said southwest line of NW Renfro Street, and the northeast line of said Lot 3R, South 44 degrees, 43 minutes, 04 second East, a distance of 60.00 feet to a 5/8" iron rod set with plastic cap stamped "R.P.L.S. 5199";
THENCE continuing along said southwest line of NW Renfro Street, South 46 degrees, 38 minutes, 17 second East, a distance of 114.30 feet to a ⅝-inch iron rod set with plastic cap stamped "R.P.L.S. 5199" at the most easterly corner of said Lot 3R, from which a ½-inch iron rod found bears North 53 degrees, 15 minutes East, a distance of 1.76 feet;
THENCE, along the common line of said Lot 3R and said Lot 1-R, South 45 degrees, 13 minutes, 57 seconds West, passing the most westerly corner of said lot 1-R at a distance of 108.54 feet, continuing in all a distance of 113.54 feet to a ⅝-inch iron rod set with plastic cap stamped "R.P.L.S 5199" at the most southerly corner of said Lot 3R;
THENCE, along the center line of said 10-foot wide alley, South 44 degrees, 37 minutes, 04 seconds East, a distance of 75.00 feet to the POINT OF BEGINNING, and containing 59,326 square feet, or 1.3619 acres of land, more or less.
(b) 
The designated groundwater beneath CB-MSD-0001 is shallow, perched groundwater. Groundwater at the site is perched within a thin layer of residual soils above the underlying Grayson Marl Formation. The unweathered Grayson Marl Formation is approximately 60 to 100 feet thick and mostly consists of yellowish-gray and medium gray clay and marl (calcereous shale) with some thin limestone beds. The vertical extent of contamination is limited to the groundwater begin unit (GWBU) present at depths ranging from approximately eight to 15 feet below ground surface (BGS). The GWBU is underlain by aquitards of the Washita and Fredericksburg Groups with an approximate combined thickness of 470 feet. These aquitards inhibit the downward migration of contamination into the underlying aquitards.
(c) 
The following contaminants have been detected within the designated groundwater at the site at concentrations exceeding residential assessment levels for potable use:
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Benzene
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1,2-Dichloroethane
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Ethylbenzene
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Naphthalene
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Toluene
*
1,2,4-Trimethylbenzene
*
m-,p-Xylenes
(d) 
The use of the designated groundwater in CB-MSD-0001 for potable and irrigation purposes is hereby prohibited. This prohibition is necessary because the contaminant concentrations exceed potable water standards.
(e) 
the city will provide advance written notice to the state commission on environmental quality, as much as is practicable, prior to enacting an ordinance repealing or amending this section.
(f) 
That all ordinances or any parts thereof in conflict with the terms of this section shall be and hereby are deemed repealed and of no force or effect; provided, however, that any ordinance or ordinances under which cases are currently filed and pending in the city municipal court, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction, a finding of not guilty, a plea of nolo contendere, or dismissal.