HomeMy WebLinkAboutOrdinance 17988-02-2008ORDINANCE NO. 17988-02-2008
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" "MiTNICIl'AL SETTING
DESIGNATION SITES IN FORT WORTH," BY TILE
ADDITION OF SECTION 14; DESIGNATING CFW-MSD-
0014, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0014; 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, Bobby Cox Companies, Inc., (Applicant) has filed an application for
support of a resolution seeking a Municipal Setting Designation for the site
known as the 3709 E. First Street, Fort Worth, Texas, the metes and bounds
description being attached hereto as Exhibit "A" (Site); 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 a 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
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Commission on Environmental Quality for a Municipal Setting Designation for
the Site; and
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 14 to read as follows:
APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
7. CFW-MSD-0014
(a) CFW-MSD-0014 is defined as follows:
Being a tract of land situated in the City of Fort Worth, Tarrant County,
Texas and being a portion of Lot 1, Block 1, Standard Meat Company
Addition, and a portion of Lot 2, Block 1, Standard Meat Company
Addition, and a portion of Lot 1, and a portion of Lot 2, Block 1, Gulf
Page 2 of $
States Subdivision, deeded to Design Foods, and being a portion of a 0.48
acre tract of land and a portion of a 0.517 acre tract of land, deeded to
Design Foods, said tract of land being more particularly described by
metes and bounds description (Exhibit A) and map of CFW -MSD - 0014
(Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0014 is shallow, perched
groundwater that occurs from grade to an approximate depth of twenty-five (25)
feet below ground surface (bgs). The shallow groundwater unit is underlain by
several limestone and clay formations that extend from approximately twenty-five
(25) feet bgs to 350 or 400 feet bgs. These formations serve as a regional aquitard
that prevent vertical migration of the chemicals of concern in the shallow
groundwater to the underlying 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
tetrachloroethylene (PCE) and trichloroethylene (TCE).
(c) The use of the designated groundwater in CFW-MSD-0014 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
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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.
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 and
Section 4 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas
and by Section 52.013, Texas Local Government Code.
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.
Page 4 of 8
APPROVED AS TO FORM AND LEGALITY:
DAVID YETT, CITY ATTORNEY
By CHRIS A R. LOPEZ
ASSISTANT CITY ATTORNEY
Adopted: February 19, 2008
Effective: March 4 2008
Page 5 of 8
Egbibit A
Bobby Cog Companies, Inc., MSD
Metes and Bounds
11.976 Acre ~'ract
Being a tract of land situated in the City of Fort Worth, Tarrant County, Texas and being a
portion of Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, an addition to the City
of Fort Worth, Tarrant County, Texas as recorded in Volume 388-58, Page 846 of the Plat
Records of Tarrant County, Texas (P.R.T.C.T.) and a portion of Lot 2, Block 1, STANDARD
MEAT COMPANY ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in Volume 388-114, Page 881 of the P.R.T.C.T. and a portion of Lot 1 and a portion of
Lot 2, Block 1, GULF STATES SUBDIVISION, on addition to the City of Fort Worth, Tarrant
County, Texas as recorded in Volume 388-66, Page 25 of the P.R.T.C.T. and deeded to Design
Foods, Inc. in Volume 10968, Page 1433 and being a portion of a 0.48 acre tract of land deeded
to Design Foods. Inc., as recorded in Volume 10968, Page 1433 of the Deed Records of Tarrant
County, Texas (D.R.T.C.T.) and a portion of a 0.517 acre tract of land deeded to Design
Foods, Inc. as recorded in Volume 10968, Page 1433 of the D.R.T.C.T., said tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for corner in the most southerly west line of said Lot 1,
Block 1, STANDARD MEAT COMPANY ADDITION, said 5/8 inch iron rod being North 00
degrees O1 minutes 16 seconds West, a distance of 19.19 feet from the most southerly southwest
corner of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and being in the
east line of Lot 3, Block 1, ALPHA ADDITION, An addition to the City of Fort Worth, Tarrant
County, Texas as recorded in Volume 388-113, Page 333 of the P.R.T.C.T., said 5/8 inch iron
rod also being in the north right-of--way line of East First Street (0 68.0' right-of--way);
THENCE North 00 degrees O1 minutes 16 seconds West, with the most southerly west line
of Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, a distance of 305.83 feet to a
1/2 inch iron rod found for the west interior corner of said Lot 1, Block 1, STANDARD MEAT
COMPANY ADDITION, said iron rod also being the northeast corner of said Lot 3, Block 1,
ALPHA ADDITION;
THENCE North 89 degrees 56 minutes 30 seconds West, with the most westerly south line
of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and the north line of said
ALPHA ADDITION, a distance of 140.10 feet to a 1/2 inch iron rod found for the most westerly
southwest comer of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and for
the northwest comer of said ALPHA ADDITION, said 1/2 inch iron rod also being in the east
line of Lot 1, Block 1, ALPHA ADDITION, an addition to the City of Fort Worth, Tarrant
County, Texas as recorded in Volume 388-93, Page 295 of the P.R.T.C.T.;
Page 6 of 8
THENCE North 00 degrees O1 minutes 16 seconds West, with the most westerly line of said
Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and the east line of said Lot 1,
Block 1, ALPHA ADDIITION, a distance of 100.00 feet to a 5/8 inch iron rod found for the
northwest comer of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and the
northeast comer of said Lot 1, Block 1, ALPHA ADDITION, said 5/8 inch iron rod also being in
the southeasterly right-of--way line of the Chicago Rock Island & Gulf Railroad (CRI & GR);
THENCE North 54 degrees 28 minutes 17 seconds East, with the northerly line of said Lot
1, Block 1, STANDARD .MEAT COMPANY ADDITION and with the said southeasterly right-
of-way line of the CRI & GR, a distance of 728.00 feet to a 5/8 inch iron rod found for the
northeast corner of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, said 5/8
inch iron rod also being the northwest corner of said Lot 2, Block 1, GULF STATES
ADDITION;
THENCE North 54 degrees 21 minutes 17 seconds East, with the said southeasterly right-of-
way line of the CRI & GR and with the northerly line of said Lot 2, Block 1, GULF STATES
ADDITION, a distance of 253.40 feet to a 5/8 inch iron rod found for corner, from which a fence
post found for the northeast corner of said Lot 2, Block 1, GULF STATES ADDITION bears
North 54 degrees 2lminutes 17 seconds East, a distance of 377.12 feet;
THENCE South 00 degrees 17 minutes 36 seconds East, a distance of 313.34 feet to a 5/8
inch iron rod found for corner;
THENCE North 89 degrees 38 minutes 48 seconds East, a distance of 16.60 feet to a 5/8
inch iron rod found for the most southerly interior corner of said Lot 2, Block 1, GULF STATES
ADDITION, said 5/8 inch iron rod being in the north right-of--way line of T.N. Austin Avenue (a
31.5 right-of--way);
THENCE North 89 degrees 51 minutes 53 seconds West, with the north right-of--way line of
said East First Street, a distance of 676.19 feet to the POINT OF BEGI]~]NING and containing
521,691 square feet or 11.976 acres of land, more or less.
Page 7 of 8
Exhibit B
Bobby Cox Coanpanies,lnc.,1VISD
11.976 Acre Tract
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Page 8 of 8
Cs~jr ®f ®rt ortfa, 1"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/19/2008 -Res. # 3583-02-2008 & Ord. # 17988-02-2008
CONTINUED FROM A PREVIOUS 1n/EEK
DATE: Tuesday, February 05, 2008
LOG NAME: 52MSD FIVESTAR REFERENCE NO.: G-16040
SUBJECT:
Adopt a Resolution Supporting the Application of Bobby Cox Companies, Inc., for a Municipal
Setting Designation for the Property Located at 3709 East First Street, Fort Worth, Texas, to the
Texas Commission on Environmental Quality, and Adopt Ordinance Prohibiting the Potable Use of
Designated Groundwater from beneath the Site
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of Bobby Cox Companies, Inc., for approval of a Municipal
Setting Designation for the property located at 3709 East First Street, an approximately 11.976-acre tract,
more fully described as Standard Meat Company Addition, Block 1, Lot 1, Fort Worth, Tarrant County,
Texas, 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:
In 2003, a state law became effective creating the concept of a Municipal Setting Designation (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. An applicant, usually the property owner, must apply to the Texas
Commission on Environmental Quality (TCEQ) for certification of property as a MSD. If granted, the
applicant will not be required to clean up designated groundwater on the site to drinking water standards,
although other cleanup standards such as inhalation, contact, and impact to ecological receptors, 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 area (potable water is
water used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking
purposes).
In January 2005, City Council adopted an ordinance creating a procedure to bring a MSD application before
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.
Logname: 52MSD FIVESTAR. Page 1 of 2
On December 17, 2007, Bobby Cox Companies, Inc., filed an application with the City seeking support of a
MSD at 3709 East First Street, Fort Worth, Texas. Staff from the departments of Engineering,
Environmental Management, Planning and Development, Transportation and Public Works, and Water,
reviewed the application for potential impacts to City interests. No significant concerns were identified.
Notice was issued as required by ordinance, and public meetings were held at Five Star Custom Foods,
3709 East First Street, Fort Worth, Texas, on January 23, 2008, and January 30, 2008. Six representatives
of the Applicant, three city staff and eight residents of Fort Worth and surrounding cities were in attendance
on January 23rd. At the January 30th public meeting, no residents of Fort Worth attended however five
representatives of the Applicant and two city staff were present. No comments from residents adverse to
this application were received.
The groundwater that is sought to be restricted is shallow, perched groundwater that occurs from grade to
an approximate depth of 25-feet below ground surface (bgs). The shallow groundwater unit is underlain by
several limestone and clay formations that extend from approximately 25-feet bgs to approximately 375-feet
bgs. These formations serve as a regional aquitard that prevent vertical migration of the chemicals of
concern in the shallow groundwater to the underlying 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 tetrachloroethylene (PCE) and trichloroethylene
(TCE).
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within the City limits of the City of Fort Worth, within one-half mile of the
MSD boundary. All undeveloped properties (within the City Limits of the City of Fort Worth) within one-half
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 (City of Fort
Worth) and the City of Fort Worth Policy for the Installation of Community Services. There are no other
cities within one-half mile of the MSD boundary.
The Site is located in COUNCIL DISTRICT 8 and is zoned K -Heavy Industrial.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Libby Watson (6183)
Originating Department Head: Brian Koerner (6647)
Additional Information Contact: Michael Garage (6569)
Logname: 52MSD FIVESTAR Page 2 of 2