HomeMy WebLinkAboutResolution 3583-02-2008A Resolution
IN SUPPORT OF THE APPLICATION OF THE BOBBY COX COMPANIES, INC
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION AT 3709 E. FIRST STREET, FORT WORTH, TEXAS
NO 3583-02 2008
WHEREAS the Bobby Cox Companies, Inc (Applicant) has filed an application for support of
a resolution seeking a Municipal Setting Designation for 3709 E. First Street, 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 Qualirty• and
WHEREAS, public meetings on the application were held m Fort Worth on January 23 2008
and January 30 2008 and a public hearing was held m Fort Worth on February 5 2008 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 dnnkmg 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
wrtlun the designated groundwater associated with historical uses of the Srte, that have been detected in
concentrations exceeding residential assessment levels for potable use include tetrachloroethylene (PCE)
and tnchloroethylene (TCE)
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 Srte for potable purposes as well as for irngation, and
WHEREAS, upon passage of a supporting resolution by the Crty Council, Applicant intends to
file an application with the Texas Commission on Environmental Quality for certification of a Municipal
Setting Designation for the Srte 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
RESOLUTION N0.3583-02 2008
NOW, THEREFORE, SE 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 Srte.
Adopted this 19th day of February 2008
ATTEST
By
M
APP ~011ED
CITY CpUI~GIL
FEB i 9 2008
~~~~~
City Secretary of the
City of Fort VVortt~p `Texas
RESOLUTION N0.3583-02-2008
EXHIBIT A
Being a tract of land situated m the City of Fort Worth, Tarrant County Texas and bemg a portion of
Lot 1 Block 1 STANDARD MEAT COMPANY ADDITION an addition to the City of Fort Worth,
Tarrant County Texas as recorded m 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 Crty 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 Crty of Fort Worth, Tarrant
County Texas as recorded m Volume 388-66, Page 25 of the P.R.T C T and deeded to Design Foods,
Inc in Volume 10968, Page 1433 and bemg 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 mch iron rod found for corner m the most southerly west line of said Lot 1 Block
1 STANDARD MEAT COMPANY ADDITION said 5/8 mch iron rod bemg North 00 degrees O 1
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 bemg m the east line of Lot 3 Block 1
ALPHA ADDITION An addition to the Crty of Fort Worth, Tarrant
County Texas as recorded m Volume 388-113 Page 333 of the P.R.T C T said 5/8 mch iron rod also
bemg in the north right-of way line of East First Street (0 68 0' right-of way)
THENCE North 00 degrees O1 mmutes 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 mch 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 mmutes 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 mch 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 bemg m the east line of Lot 1 Block 1
ALPHA ADDITION an addition to the Crty of Fort Worth, Tarrant County Texas as recorded m
Volume 388-93 Page 295 of the P.R.T C T
THENCE North 00 degrees Ol 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 mch 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 bemg m the southeasterly nght-of
way line of the Chicago Rock Island & Gulf Railroad (CRI & GR), _
RESOLUTION NO 3583-02 2008
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 mch iron rod found for the northeast corner of said Lot
1 Block 1 STANDARD MEAT COMPANY ADDITION said 5/8 mch 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 mch 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 mch iron
rod found for the most southerly interior corner of said Lot 2, Block 1 GULF STATES ADDITION
said 5/8 mch iron rod being m 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 BEGINNING and contaimng 521 691
square feet or 11 976 acres of land, more or less.
RESOLUTION N0.3S83-02 2008
Exhibit B
Bobby Cox Companies, Inc., MSD
11.976 Acre Tract
o~~ir ~
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 2/19/2008 Res. # 3583-02 2008 & Ord # 17988-02 2008
CONTINUED FROM A PREVIOUS WEEK
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/AccountlCenters
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Michael Gange (6569)
Logname 52MSD_FIVESTAR Page 2 of 2