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File #: 22-4737    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 7/29/2022 In control: Commissioners Court
On agenda: 8/2/2022 Final action: 8/2/2022
Title: Request by the Commissioner of Precinct 1 for discussion and possible action to reaffirm the County's commitment to supporting legal action by the County Attorney's Office against Union Pacific in connection with the contamination at its facility in Kashmere Gardens/Fifth Ward.

Department: Commissioner, Precinct 1

Department Head/Elected Official: Commissioner Rodney Ellis

 

Regular or Supplemental RCA: Supplemental RCA

Type of Request: Discussion Item

 

Project ID (if applicable): N/A

Vendor/Entity Legal Name (if applicable): N/A

 

MWDBE Contracted Goal (if applicable): N/A

MWDBE Current Participation (if applicable): N/A

Justification for 0% MWDBE Participation Goal:  N/A - Goal not applicable to request

 

Request Summary (Agenda Caption):

title

Request by the Commissioner of Precinct 1 for discussion and possible action to reaffirm the County’s commitment to supporting legal action by the County Attorney’s Office against Union Pacific in connection with the contamination at its facility in Kashmere Gardens/Fifth Ward.

end

 

Background and Discussion:

On July 27th, 2022 the Office of the County Attorney’s filed a Notice of Intent to sue Union Pacific Railroad Company under the Resource Conservation and Recovery Act.   In 2019, after the existence of a cancer cluster was confirmed in the area near the Union Pacific facility in Kashmere Gardens/Fifth Ward, Commissioners Court authorized the Office of the County Attorney to represent resident interests and pursue relevant legal action against the corporation. 

 

Expected Impact:

 In addition to filing the Notice of Intent to Sue, discussing the County’s commitment to legal action against Union Pacific in connection with the contamination in Kashmere Gardens/Fifth Ward will demonstrate our commitment to public health and environmental justice. 

 

 

Alternative Options: N/A

 

Alignment with Goal(s):

_ Justice and Safety

_ Economic Opportunity

_ Housing

X Public Health

_ Transportation

_ Flooding

X Environment

_Governance and Customer Service

 

Prior Court Action (if any): N/A

Date

Agenda Item #

Action Taken

 2/12/2020

 11

 Discussion and update on the investigation of contamination at the Union Pacific Railroad facility at 4910 Liberty Road, Texas Department of State Health Services Cancer Cluster Study, and mapping of other creosote facilities.

6/09/2020

21

Approval  RFP for environmental sampling and analysis of soil, surface water, and storm water at the Union Pacific Englewood Railyard for Pollution Control Services 

12/15/2020

10R

Award of contract for environmental sampling and analysis. 

 

Language

Request for discussion and possible action to reaffirm the County’s commitment to supporting legal action against Union Pacific in connection with the contamination at its facility in Kashmere Gardens/Fifth Ward.

 

 

Location: N/A

Address (if applicable): N/A

Precinct(s): Precinct 1

 

Fiscal and Personnel Summary

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SFY 22

FY 23

Next 3 FYs

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Existing Budget

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Additional Budget Requested

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Personnel (Fill out section only if requesting new PCNs)

Current Position Count for Service

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Anticipated Court Date: August 2, 2022

Anticipated Implementation Date (if different from Court date):

Emergency/Disaster Recovery Note: Not an emergency, disaster, or COVID-19 related item

Contact(s) name, title, department: Sasha Legette, Policy Deputy Director, Commissioner Precinct One

Attachments (if applicable): N/A