HomeMy WebLinkAboutOrdinance 22176-04-2016 ORDINANCE NO. 22176-04-2016
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (2015), 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 26 DESIGNATING CFW-MSD-0026, PROVIDING FOR THE
PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE AND
IRRIGATION PURPOSES IN CFW-MSD-0026; 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, Industrial Power LLC (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation (MSD) for the site known as 600 North
Beach Street, 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 April 19, 2016; 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
Ordinance No. 22176-04-2016
Page 1 of 7
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
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 (2015) as amended, is hereby amended by the addition of Section 26 to read as follows:
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
26. CFW-MSD-0026
(a) CFW-MSD-0026 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-00026 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0026 is a shallow, perched aquifer from
grade to a depth of approximately 50 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
Ordinance No. 22176-04-2016
Page 2 of 7
applicable Tier 1 Texas Risk Reduction Program (TRRP) Residential Protection
Concentration Levels (PCLs) include arsenic, lead, cis-1,2-dichloroethene,
tetrachloroethene, trichloroethene, and pentachlorophenol.
(c) The use of the designated groundwater in CFW-MSD-0026 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 (2015), 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. 22176-04-2016
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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, MAR Y ER,
ASSISTANT CITY ATTORNEY CITY SECRETARY
ADOPTED: April 19, 2016
EFFECTIVE: ftti
Ordinance No. 22176-04-2016
Page 4 of 7
Exhibit A
600 North Beach Street
Metes and Bounds
5.653 Acre Tract
Lots 1, Block 1
Panther G&O Addition
An Addition to the City of Fort Worth, Tarrant County, TX
BEING a tract of land situated in the L.G. TINSLEY Survey, Abstract No. 1523, City of Fort Worth, Tarrant,
County, Texas and being all of Lot 1, Block 1, Panther G & O Addition, an addition to the City of Fort Worth,
Tarrant County, Texas according to the plat thereof recorded in Volume 388-62, Page 13, Plat Records, Tarrant
County, Texas (P.R.T.C.T.) and also being all of the same tract of land as described in deed to IP Properties,
Ltd., recorded in County Clerk's File No. D211045967, Deed Records, Tarrant County, Texas (D.R.T.C.T.) and
being more particularly described as follows:
BEGINNING at a 1 inch iron rod found (Controlling Monument) (N-6,965,692.41, E-2,341,226.91, NAD 83
grid) for the most southerly corner of said Lot 1, Block 1 and being at the intersection of the northwesterly right-
of-way line of Trinity Railway Express (variable width right-of-way) and the easterly right-of-way line of
Beach Street (variable width right-of-way);
THENCE North 00 deg 11 min 33 sec West, departing said northwesterly right-of-way line and along said
easterly right-of-way line, a distance of 597.95 feet to a 1/2 inch iron rod found for corner (N-6,966,290.35, E-
2,341,224.90, NAD 83 grid);
THENCE North 89 deg 40 min 01 sec East, departing the easterly right-of-way line of said Beach Street, a
distance of 783.17 feet to a point for corner (N-6,966,294.90, E-2,342,008.06, NAD 83 grid);
THENCE South 00 deg 19 min 59 sec East, a distance of 30.88 feet to a 3/4 inch iron rod found (Controlling
Monument) for corner (N-6,966,264.02, E-2,342,008.24, NAD 83 grid), said iron rod being situated in the
northwesterly right-of-way line of said Trinity Railway Express;
THENCE South 53 deg 48 min 39 sec West (Basis of Bearing), along said northwesterly right-of-way line, a
distance of 968.10 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds 5.653 acres or 246,262 square feet of land, more or less.
Bearings shown hereon are based upon an on-the-ground Survey performed in the field on the 30th day of
December, 2015, utilizing a G.P.S. measurement (NAD 83, grid) from the GeoShack VRS network.
Ordinance No. 22176-04-2016
Page 5 of 7
Exhibit B
600 North Beach Street
5.653 Acre Tract
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Former Panther Chemical Company .......
Setting Designation �� � Fort Worth CODE COMPLIANCE
Ordinance No.22176-04-2016
Page 6 of 7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/19/2016 - Resolution No. 4620-04-2016 & Ordinance No.
22176-04-2016
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DATE: Tuesday, April 19, 2016 REFERENCE NO.: G-18723
LOG NAME: 23MSD FOR INDUSTRIAL POWER, LLC FOR USE AS PARKING FOR TRUCKS
SUBJECT:
Conduct Public Hearing, Adopt Resolution Supporting Industrial Power, LLC's Application to the Texas
Commission on Environmental Quality for a Municipal Setting Designation for the Property Located at 600
North Beach Street and Adopt an 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 to allow the public the opportunity to give testimony regarding Industrial
Power, LLC's application for approval of a Municipal Setting Designation for the property located at 600
North Beach Street, a 5.653 acre site more fully described in the metes and bounds description included
with the attached resolution;
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 January 21, 2016, Industrial Power, LLC, d/b/a Industrial Power Trucking, filed an application with the
City seeking support of a Municipal Setting Designation (MSD) for property located at 600 North Beach
Street. The site includes 5.653 acres. Industrial Power, LLC, will use the location for overflow parking on
a gravel base for truck sales. The site is zoned K-Industrial and the planned use is appropriate.
Staff from the Planning and Development, Transportation and Public Works and Water departments
reviewed the application for potential impacts to City interests. Staff identified no significant
concerns. Notice was issued, as required by ordinance and a public meeting was held at the Riverside
Community Center on March 31, 2016.
The groundwater that is sought to be restricted is shallow, perched groundwater that is underlain by a
confining layer of approximately 500 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 arsenic, lead, cis-1,2-dichloroethene, tetrachloroethene, trichloroethene and
pentachlorophenol in the shallow groundwater at levels exceeding the applicable Tier 1 Texas Risk
Reduction Program (TRRP) Residential Protective Concentration Levels.
The Fort Worth Water Department provides water service to all existing residential and commercial/
Logname: 23MSD for Industrial Power, LLC for Use as Parking for Trucks Page I of 2
industrial properties within the city limits of the City of Fort Worth, within half a mile of the MSD
boundary. All undeveloped properties (within the city limits of the City of Fort Worth)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 the City of Fort
Worth Policy for the Installation of Community Services. The City of Haltom City has a border within one-
half of a mile of the MSD boundary.
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 Texas Commission on
Environmental Quality (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 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
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 64N and 64P.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance 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
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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: Cody M. Whittenburg (5455)
Logname: 23MSD for Industrial Power, LLC for Use as Parking for Trucks Page 2 of 2
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Former Panther Chemical Company
Fort Worth
Municipal Setting Designation ; � CODE COMPUANCE