HomeMy WebLinkAboutOrdinance 21974-11-2015 ORDINANCE NO. 21974-11-2015
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER
12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE,"
ARTICLE IV "GROUNDWATER AND SURFACE WATER QUALITY,"
BY AMENDING APPENDIX "A" "MUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH," BY THE ADDITION OF
SECTION 25 DESIGNATING CFW-MSD-0025, PROVIDING FOR THE
PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE
AND IRRIGATION PURPOSES IN CFW-MSD-0025; PROVIDING THAT
THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A FINE OF UP TO $2,000.00 FOR EACH
OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Lennox Industries, Inc. (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation (MSD) for the site known as 4900 Airport
Freeway, Fort Worth, Texas, the metes and bounds description being attached hereto as Exhibit
"A" (Site); and
WHEREAS, notice to all interested parties has been provided in accordance with all applicable
law and a public hearing has been held on the matter on November 10, 2015; and
WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to
file a separate application with the Executive Director of the Texas Commission on
Environmental Quality (TCEQ) for certification of an MSD for the Site pursuant to Texas Health
and Safety Code, Chapter 361, Subchapter W; and
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory
provisions concerning groundwater contamination investigation and response actions at the Site;
and
WHEREAS, the City Council of the City of Fort Worth is of the opinion that it is in the best
interest of the public to support Applicant's application to the Texas Commission on
Environmental Quality for a Municipal Setting Designation for the Site; and
Ordinance No.21974-11-2015
Page 1 of 9
WHEREAS, in order for the TCEQ to certify the Site the city must prohibit the potable use of
groundwater from beneath the Site; and
WHEREAS, a public drinking water supply system exists that supplies or is capable of
supplying drinking water to the Site, and property within one-half mile of the Site; and
WHEREAS, where public drinking water is available, the potable use of groundwater in
designated areas should be prohibited to protect public health and welfare when the quality of the
groundwater presents an actual or potential threat to human health;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 12.5 "Environmental Protection and Compliance," Article IV, "Groundwater and Surface Water
Quality," Appendix A, "Municipal Setting Designation Sites in Fort Worth," of the Code of the City of Fort
Worth (1986) as amended, is hereby amended by the addition of Section 25 to read as follows:
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
24. CFW-MSD-0025
(a) CFW-MSD-0025 is defined and designated as follows:
Being a tract of land situated in the City of Fort Worth, Tarrant County, Texas and being
more particularly described by metes and bounds description (Exhibit A) and map of
CFW -MSD—0025 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0025 is a shallow, perched aquifer from
grade to a depth of approximately 20 feet below grade surface, and is underlain by
confining limestone, sandstone, and clay formations that serve as a regional aquitard that
prevents the vertical migrations of the chemicals of concern to underlying potable
aquifers. The chemicals of concern identified in groundwater beneath the site exceeding
applicable Tier 1 Texas Risk Reduction Program (TRRP) Residential Protection
Concentration Levels (PCLs) include vinyl chloride, 1,1-dichloroethene, trichloroethane,
cis-1,2-dichloroethene,tetrachloroethene, 1,1,2- and trichloroethene.
Ordinance No.21974-11-2015
Page 2 of 9
(c) The use of the designated groundwater in CFW-MSD-0025 for potable and irrigation
purposes is hereby prohibited. This prohibition is necessary because the contaminant
concentrations exceed potable water standards.
(d) The City will provide advance written notice to the Texas Commission on Environmental
Quality, as much as is practicable, prior to enacting an ordinance repealing or amending
this section.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas
(1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such
ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and
phrases of this ordinance are severable, and, if any phrase, clause, sentence,paragraph, or section of this ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs, and sections of this
ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence,paragraph, or section.
SECTION 4.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who
resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand
dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
Ordinance No.21974-11-2015
Page 3 of 9
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the
provisions of the ordinances amended in Section 1, which have accrued at the time of the effective date of this
ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption summarizing the
purpose of this ordinance and the penalty for violating this ordinance for two (2) days in the official newspaper
of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013
SECTION 7.
This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
SARAH FULLENWIDER, CITY ATTORNEY '
ARTHUR N. BASHOR Y�� ER
ASSISTANT CITY ATTORNEY CITY S RETARY
ADOPTED: November 17,2015
EFFECTIVE: eam) 0, (/'5
Ordinance No.21974-11-2015
Page 4 of 9
Exhibit A
4900 Airport Freeway
Metes and Bounds
24.7 Acre Tract
Lots 1 and 2, Block 1
Lennox Industries Addition
An Addition to the City of Fort Worth, Tarrant County, TX
BEING all of Lot 1 and Lot 2, Block 1, Lennox Industries Addition, an addition to the City of Fort Worth,
Tarrant County, Texas as shown on plat recorded in Volume 388-1 15, Page 68, Plat Records, Tarrant County,
Texas and conveyed to 4900 Airport Freeway, Ltd, a Texas Limited Partnership by instrument recorded in
Volume 1 1871, Page 472, Deed Records, Tarrant County, Texas and being more particularly described as
follows:
BEGINNING at a 5/8-inch iron rod set in the West line of the Haltom Road right-of-way (a variable width
public right-of-way), for the Northeast corner of said Block 1 and the Southeast corner of Lot 1-A, Block 2,
Mamie Enos Addition, an addition to the City of Fort Worth, Tarrant County, Texas as shown on plat recorded
in Volume 388-K, Page 359, Deed Records, Tarrant County, Texas;
THENCE S 00 023'54" E (call S 00°25'41" E), with the East line of said Lot 1 and the West line of said Haltom
Road right-of-way, a distance of 113.82 feet (call 113.58 feet) to a 5/8-inch iron rod set for the Northeast corner
of the Etsie Street right-of-way (a 50-foot public right-of-way) for the East most Southeast corner of said Block
1;
THENCE S 82 054'58" W (call S 82°43'45" W), with the North line of said Etsie Street right-of-way and the
North most South line of said Block 1, a distance of 141.36 feet (call 141.02 feet) to a 5/8-inch iron rod set for
the Northwest corner of said Etsie Street right-of-way;
THENCE S 00 002'16" W (call S 00 006'07" E), with the West most East line of said Block 1 and the West line
of said Etsie Street right-of-way, a distance of 50.72 feet (call 50.33 feet) to a 5/8-inch iron rod set for the
Southwest corner of said Etsie Street right-of-way;
THENCE N 82 052'08" E (call N 82°43'45" E), with the South line of said Etsie Street right-of-way, a distance
of 1.60 feet to a 5/8-inch iron rod found for the Northwest corner of Lot 8, Block 2, Baker-Thomasson
Addition, an addition to the City of Fort Worth, Tarrant County, Texas as shown on plat recorded in Volume
388-L, Page 56, Plat Records, Tarrant County, Texas;
THENCE S 00 002'16" W (call S 00°06'07" E), with the common line of said Block 1 and said Lot 8 and Lot 9,
said Block 2, said Baker-Thomason Addition, a distance of 164.99 feet (call 165.92 feet) to a 5/8-inch iron rod
found in the Northwesterly line of the Trinity Railway Express right-of-way as conveyed to the City of Fort
Worth and the City of Dallas by instrument recorded in Volume 7726, Page 1848, Deed Records, Tarrant
County, Texas, for the South most Southeast corner of said Block 1 and the Southwest corner of said Lot 9;
THENCE S 62°35'53" W, with the common line of said Block 1 and said Trinity Railway Express
right-of-way, a distance of 1,638.99 feet to a 3/8-inch iron rod found;
Ordinance No.21974-11-2015
Page 5 of 9
THENCE N 01044'46" E (call N 01'15'49" W), continuing with the common line of said Block 1 and said
Trinity Railway Express right-of-way, a distance of 28.39 feet (call 28.1 1 feet)to a 3/8-inch iron rod found;
THENCE S 62 045'15" W (call 62'35'53" W), continuing with the common line of said Block 1 and said Trinity
Railway Express right-of-way, a distance of 35.00 feet to a 3/8-inch iron rod found in the Northwesterly line of
said Trinity Railway Express right-of-way, for the West most Southwest corner of said Block 1 and the
Southeast corner of Lot 17, Block 9, Oakview, an addition to the City of Fort Worth, Tarrant County, Texas as
shown on plat recorded in Volume 388-H, Page 259, Plat Records, Tarrant County, Texas;
THENCE N 28 0'26'59" W (call N 28°16'02" W), with the common line of said Block 1 and said Lot 17, a
distance of 322.23 feet (call 321.80 feet) to a 3/8-inch iron rod found in the Southeasterly line of the Marsalis
Street right-of-way (a 60-foot public right-of-way), for the West most Northwest corner of said Block 1 and the
Northeast corner of said Lot 17;
THENCE N 61 047'26" E (call 61 043'58" E), with the common line of said Block 1 and said Marsalis Street
right-of-way, a distance of 264.53 feet (call 263.70 feet) to a 3/8-inch iron rod found at the intersection of the
Southwesterly line of said Marsalis Street right-of-way and the East line of the Maxine Street right-of-way (a
50-foot public right-of-way) for an angle point in said Block 1;
THENCE N 00015' 14" W(call N 00'1 5'49" W), with the common line of said Block 1 and said Maxine Street
right-of-way, at 216.77 feet, pass a 5/8-inch iron rod set for the Southwest corner of said Lot 2, said Block 1, at
482.77 feet, pass a 5/8-inch iron rod set for the Northwest corner of said Lot 2, said Block 1, in all a distance of
555.54 feet (call 555.97 feet) to a railroad spike found in the East line of said Maxine Street right-of-way and
the Southeasterly line of State Highway 121 right-of-way (a 330-foot public right-of-way), for the Northwest
corner of said Block 1 ;
THENCE N 59 052'32" E (call 59°51'03" E), with the common line of said Block 1 and said State Highway
121, a distance of 159.93 feet to a 5/8-inch iron rod set;
THENCE N 89 051'26" E (call EAST), continuing with the common line of said Block 1 and said State
Highway 121 right-of-way, a distance of 11.27 feet;
THENCE N 00°16'57" W, continuing with the common line of said Block 1 and said State Highway 121 right-
of-way, a distance of 6.50 feet to a 5/8-inch iron rod set;
THENCE N 59 052'32" E (call N 59°51'03" E), continuing with the common line of said Block 1 and said State
Highway 121 right-of-way, a distance of 71.22 feet(call 71.17 feet)to a 5/8-inch iron rod set;
THENCE EAST, continuing with the common line of said Block 1 and said State Highway 121 right-of-way, a
distance of 6.27 feet to a 5/8-inch iron rod set;
THENCE NORTH, continuing with the common line of said Block 1 and said State Highway 121 right-of-
way, a distance of 3.62 feet to a 5/8-inch iron rod set;
THENCE N 59 052'32" E (call N 59°51'03" E), continuing with the common line of said Block 1 and said State
Highway 121 right-of-way, a distance of 246.22 feet to a railroad spike found;
THENCE N 89 049'57" E, continuing with the common line of said Block 1 and said State Highway 121 right-
of-way, a distance of 10.00 feet to a 5/8-iron rod set in the South line of the Wheeler Street right-of-way (a 50-
Ordinance No.21974-11-2015
Page 6 of 9
foot public right-of-way), for the North most Northeast corner of said Block 1 and the Northwest corner of Lot
12, Block 2, Mamie Enos Addition, an addition to the City of Fort Worth, Tarrant County, Texas as shown on
plat recorded in Volume 1935, Page 505, Deed Records, Tarrant County, Texas;
THENCE S 00 015'10" E (call S 00 016'57" E), departing the South line of said Wheeler Street right-of-way,
with the common line of said Block 1 and said Lot 12, a distance of 127.60 feet to a 5/8-inch iron rod set for a
re-entrant corner of said Block 1 and the Southwest corner of said Lot 12;
THENCE N 89 051'44" E (call N 89 049'57" E) with the common line of said Block 1 and said Block 2, a
distance of 1,105.27 feet to the POINT OF BEGINNING and containing 24.700 acres of land,more or less.
Ordinance No.21974-11-2015
Page 7 of 9
Exhibit B
4900 Airport Freeway
24.7 Acre Tract
Ordinance No.21974-11-2015
Page 8 of 9
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4900 Airport Freeway Fort Worth
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/17/2015 - Ordinance'No. 21974-11-2015 & Resolution
No. 4540-11-2015
DATE: Tuesday, November 17, 2015 REFERENCE NO.: G-18611
LOG NAME: 23MSD 4900 AIRPORT FREEWAY
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Supporting the Application of Lennox Industries, Inc., for a
Municipal Setting Designation for the Property Located at 4900 Airport Freeway, Fort Worth, Texas, to the
Texas Commission on Environmental Quality and Adopt Ordinance Prohibiting the Potable Use of
Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of Lennox Industries, Inc., for approval of a Municipal
Setting Designation for the property located at 4900 Airport Freeway, Fort Worth Texas, a 24.7 acre tract
more fully described in the metes and bounds description included with the attached resolution, to allow
the public the opportunity to give testimony;
2. Adopt the attached resolution supporting the applicant's application to the Texas Commission on
Environmental Quality for a Municipal Setting Designation for the site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION:
On September 15, 2015, Lennox Industries, Inc., filed an application with the City seeking support of a
Municipal Setting Designation (MSD) for a 24.7 acre site located at 4900 Airport Freeway, Fort Worth,
Texas. The site is currently zoned K-heavy industrial.
Staff from the Planning and Development, Transportation and Public Works, Code Compliance and Water
departments reviewed the application for potential impacts to City interests. No significant concerns were
identified. Notice was issued, as required by ordinance and a public meeting was held at the Riverside
Community Center on October 27, 2015.
The groundwater that is sought to be restricted is shallow, perched groundwater that occurs at depth down
to about 20 feet and is underlain by a confining layer of approximately 300 feet in thickness. The affected
shallow groundwater is not a designated, recognized major or minor aquifer. The chemicals of concern
detected in the designated groundwater include 1,1-dichloroethene, cis-1,2-didichloroethene,
tetrachloroethene, 1,1,2-trichloroethane, trichloroethene and vinyl chloride.
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within the City of Fort Worth city limits, within half a mile of the MSD
boundary. All undeveloped properties (within City limits) within half a mile of the site are eligible to receive
water service from the Fort Worth Water Department, in accordance with the Texas Water Service
Certificate of Convenience and Necessity (CCN) No. 12311 and City policy for the installation of
community services.
In 2003, a state law became effective creating the concept of a MSD. The purpose of a MSD is to certify
properties in order to limit the scope of or eliminate the need for investigation of or response actions
addressing contaminant impacts to groundwater that has been restricted from use as potable water by
municipal ordinance. A person, typically a developer, must apply to the TCEQ for certification of their
property as a MSD. If granted, they will not be required to clean up designated groundwater on their site
to drinking water standards, although other cleanup standards such as inhalation and contact must still be
met. The application will not be approved by the TCEQ if the municipality where the site is located does
not give formal approval. That approval must be by means of a City Council resolution supporting the
application and an ordinance prohibiting potable use of groundwater in the MSD (potable water is water
used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking
purposes).
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the
TCEQ for a MSD to get support of that application from the City Council. The procedure includes filing an
application with the City, Staff review of the application for potential impacts to City interests, a public
meeting held for the purpose of providing information on the application to the affected community and a
public hearing.
The site is located in COUNCIL DISTRICT 4, Mapsco 64P.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Clarence Reed (6107)