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Home My WebLink AboutResolution 3847-01-2010A Resolution IN SUPPORT OF THE APPLICATION OF THE UNION PACIFIC RAILROAD TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 1500 ROGERS ROAD FORT WORTH, TEXAS NO 3847-01 2010 WHEREAS the Union Pacific Railroad, (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for 1500 Rogers Road, Fort Worth, Texas, the metes and bounds description being attached hereto as Exhibit A (Site), and map of same being attached hereto as Exhibit `B (Site Map), to the Texas Commission on Environmental Quality and WHEREAS a public meeting on the application for support was held m Fort Worth on November 19 2009 and a public hearing was held m Fort Worth on December 15 2009 and the affected community was duly notified of same and allowed the opportunity to comment; and WHEREAS an approved public drinking water supply system exists that supplies or is capable of supplying drinking water to the Site and to locations within one-half mile of the Site; and WHEREAS, Applicant has filed documentation with the city stating that contaminants identified within the designated groundwater associated with historical uses of the Srte, that have been detected m concentrations exceeding residential assessment levels for potable use include chlorobenzene and light, non-aqueous phase liquids (LNAPL) WHEREAS Applicant has further filed documentation with the city stating that this contamination is contained within the shallow perched groundwater beneath the Site; and WHEREAS, the City of Fort Worth, by ordinance, has prohibited the use of designated groundwater beneath the Site for potable purposes as well as for irrigation, and WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to file an application with the Texas Commission on Environmental Quality for certification of a Municipal Setting Designation 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 certification of a Municipal Setting Designation for the Site is m the best interests of the community ORTWO T T RESOLUTION NO 3847 O1 2010 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Supports Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. Adopted this 26`h day of January 2010 X„~w'r,1 r~r~1`J`~Y ATTEST4~,~,~*' ~~ ~";~ ~~,~. APPROVED ,'~"-~~, ~ ~-~~ CITY COUNCIL ~. ~~ JAN 2 6 2010 ~ rw ,~_- .a .. _~ 4 B y ~ ..a , ,~ ~ti~~~ ~~ = ~ ~ ~,~ 4 ~ City Secretary of the Marty Hendrix ity Secretary City ofl~rtWorth,Texas ~i ~ ~~ ~~~ r r ~ rxr~~rfrtfift#~'~ ~~~#''°~~ti~'~ ORT WORT T EXHIBIT A Being a tract of land situated m the City of Fort Worth, Tarrant County Texas. Said tract being located m the W D Conner Survey Abstract No 228 and the T White Survey Abstract No 1636 and as referenced per Certification of Articles of Merger into Umon Pacific Railroad Company as recorded m Volume 13215 Page 130 of the Official Public Records of Tarrant County Texas, said tract being more particularly described by metes and bounds as follows BEGINNING at a set cotton spindle having State Plane coordinates of N(Y}=6948895.21 E(X)=2317255 85 TX North Central Zone 4202, from said set cotton spindle, a found concrete monument as referenced being on the east line of Lot 13 R, Block 1 Michael Hughes Estate as recorded in Cabinet B Slide 613 of the Plat Records of Tarrant County Texas bears South 64 degrees 48 minutes 49 seconds East, a distance of 70 65 feet also from said set cotton spindle a found 112 inch iron rod being on the west line of said Lot 13 R, Block 1 bears South 08 degrees 07 minutes 39 seconds East, a distance of 105 13 feet; said cotton spindle also being the beginning of a non tangent curve to the nght whose chord bears South 48 degrees 09 minutes 00 seconds West, a distance of 404 12 feet and having a radius of 508.56 feet; THENCE Southwesterly along said non tangent curve to the nght through a central angle of 46 degrees 49 minutes 16 seconds, an arc length of 415 58 feet to a set cotton spindle for the end of said non tangent curve to nght; THENCE South 72 degrees 08 minutes 47 seconds West, a distance of 1 174 86 feet to a set cotton spindle; THENCE North 23 degrees 36 minutes 21 seconds West, a distance of 1,267 75 feet to a set 518 inch capped iron rod stamped 'BHB INC for the beginning of a non tangent curve to the nght whose chord: bears North 61 degrees 46 minutes 53 seconds East, a distance of 677.24 feet and having a radius of 5 100 00 feet; THENCE Northeasterly along said non tangent curve to the nght through a central angle of 07 degrees 36 minutes 50 seconds, an arc length of 677 74 feet to a set 5/8 inch capped iron rod stamped 'BHB INC for the end of said non tangent curve to nght; THENCE North 68 degrees 03 minutes 39 seconds East, a distance of 1,991 $6 feet to a set 5/8 inch capped iron rod stamped 'BHB INC THENCE South 87 degrees 20 minutes 25 seconds East, a distance of 379 87 feet to a set 5/8 inch capped iron rod stamped 'BHB INC THENCE South 41 degrees 06 minutes 28 seconds West, a distance of 1 403 81 feet to a set cotton spindle; THENCE South 02 degrees 52 minutes 16 seconds East, a distance of 521 57 feet to the POINT OF BEGINNING and containing 2,899 797 square feet or 66.57 acres of land. ORT WORT T Exhibit B Union Pacific Railroad -Centennial Yard MSD 66.57 Acre Tract _ - _ ,~ , ..,. ,~ - _ -~r , . _ . .~-,.. ,: ~; ~ - r - - ~ . x --....,. - r _ }* ~ ~ ~ a r ., t ~ .~ , ,f,, ~ ~. ~. h s ry _ ~ _ ~ 1C_~~ .u_._ ~ ~ ~ ~.y ~ ~ . ]$~ / r,~ ~~ , + ' i 1 ~~ _ fi! j ~ j ~ ~` f ~ a,~ ` + a r '~~ ~ 1 q ~ ~ - ~ ~ I / F M rr~ ~! iY S ~ .. ^ , { F •._.~ .. /~'.i i ..~ 1. 4 ~ ~ t ~ ~ ,` f ,J fir . ~ - _ µ ... - ~__ _ ~ ~ A`, ~ ~ ~ ~s fw ' / ~~~ , ,; , ' Union Pacific Railroad-Gerttennial Yard MSD r` :.~ i 5.;0 Rogers Road Foot ~/orth Texas ~`Q~1'^~ ~Y'(~R~ E ~ , ; ` SD B d 6 7 A r M oun ary (6 .5 cresj ~ : t} ~D 1,f1Q~ 9,50b 2,D00 ,; 1 .u. ~ ~ - ~' ~~ ~ Fed zao~Nercae oR ~ ii ~ ~ ~ oro~E...~ r v r oRrWo City of Fort Worth, Texas Mayor and Council Communication LOG NAME 52MSD UPPR CENTENNIAL RAIL YARD SUBJECT Adopt a Resolution Supporting the Application of Union Pacific Railroad Company for a Municipal Setting Designation for the Centennial (Davidson) Rail Yard Located at 1500 Rogers Road 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 the Union Pacific Railroad Company for approval of a Municipal Setting Designation for the property located at 1500 Rogers Road a 66 57 acre tract more fully described as a tract of land situated in the City of Fort Worth Tarrant County Texas, said tract being located in the W D Conner Survey Abstract No 228 and the T White Survey Abstract No 1636 and as referenced per Certification of Articles of Merger into Union Pacific Railroad Company as recorded in Volume 13215 Page 130 of the Official Public Records of Tarrant County Texas ("Site') 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 an 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 an 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 ground water 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 an MSD If granted they will not be required to clean up designated ground water 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 ground water in the MSD (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 for persons applying to the TCEQ for an MSD to get support of that application from the City Council The procedure includes filing Logname: 52MSD UPPR CENTENNIAL RAIL YARD Page 1 of 2 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 On October 1 2009 the Union Pacific Railroad Company filed an application with the City seeking support of an MSD at 1500 Rogers Road Fort Worth Texas Staff from the Program Management Office Environmental Management, Planning and Development, Transportation and Public Works and Water Departments reviewed the application for potential impacts to City interests No significant concerns were identified although some administrative deficiencies were noted The applicant submitted a revised application on October 16 2009 which the Environmental Management Department determined to be administratively complete Notice was issued as required by ordinance and a public meeting was held at Thomas Place Community Center on November 19 2009 One representative of the Applicant and three City staff were present. Fifteen residents of Fort Worth and surrounding cities were in attendance There were no comments from residents adverse to this application The ground water that is sought to be restricted is shallow perched ground water that occurs at depths of eight to 15 feet below the ground surface (bgs) down to the top of the underlying confining limestone layer that occurs at a depth of 15 to 19 feet bgs The affected shallow ground water is not a designated recognized major or minor aquifer The chemicals of concern detected in the designated ground water include chorobenzene and light, non-aqueous phase liquids (LNAPL) 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 9 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head. Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) Logname. 52MSD UPPR CENTENNIAL RAIL YARD Page 2 of 2