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HomeMy WebLinkAboutOrdinance 22568-01-2017 Ordinance No.22568-01-2017 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $300,000.00 FOR THE PURPOSE OF FUNDING AN AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO DEVELOP A BROWNFIELDS INVENTORY, PRIORITIZE BROWNFIELD SITES, CONDUCT ENVIRONMENTAL SITE ASSESSMENTS, AND DEVELOP CLEANUP PLANS FOR BROWNFIELDS THROUGHOUT THE CITY OF FORT WORTH; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2016-2017 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $300,000.00 for developing a brownfields inventory, prioritizing brownfield sites, conducting environmental site assessments and developing cleanup plans for brownfields throughout the City of Fort Worth. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 22394-09-2016 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: TANT CITY SECRETARY Assist t City Attorn onald P. Gonzales ADOPTED AND EFFECTIVE: January 24, 2017 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/2412017 - Ordinance Ito. 22568-01-2047 DATE: Tuesday, January 24, 2017 REFERENCE NO.: **C-28076 LOG NAME: 23EPA BF ASSESS GRANT SUBJECT: Authorize Application for and, if Awarded, Acceptance of a Grant from the United States Environmental Protection Agency in an Amount Up to $300,000.00 for Developing a Brownfields Inventory, Prioritizing Brownfield Sites, Conducting Environmental Site Assessments and Developing Cleanup Plans for Brownfields Throughout the City of Fort Worth, Authorize Execution of Related Grant Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize application for, and acceptance of, if awarded, a grant from the United States Environmental Protection Agency in an amount up to $300,000.00 for developing a brownfields inventory, prioritizing brownfield sites, conducting environmental site assessments and developing cleanup plans for brownfields in Fort Worth; 2. Authorize the City Manager to execute all applicable grant contracts including renewals and amendments; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in an amount up to $300,000.00 upon receipt of the grant. DISCUSSION: In 1999, the United States Environmental Protection Agency (EPA) awarded the City of Fort Worth a grant to implement a program to identify and assess brownfields sites in the central city. The City of Fort Worth's Brownfields Program promotes redevelopment of qualifying brownfields sites through identification, environmental site assessment and cleanup of environmental contaminants, where possible. Brownfields are defined as "real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." On August 2, 2016, City Council authorized an application for the EPA Brownfields Area-Wide Planning Grant Program. That application was successfully submitted to EPA and is currently under review. The subject grant application being considered with this document is for a separate grant program known as the EPA Brownfields Assessment Grant Program. If awarded, the EPA Assessment Grant will provide funds under the Small Business Liability Relief and Brownfield Revitalization Act and under§104(k)(2) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This grant would allow the City to conduct a brownfields inventory and environmental site assessments, the results of which can be used to create cleanup plans and to facilitate remediation and subsequent reuse. These grant-funded activities will be directed at sites with either hazardous substance or petroleum contamination located within the City of Fort Worth. Lognatne: 23EPA_BF ASSESS_GRANT Pagel of 3 Funds awarded through the EPA Brownfields Assessment Grant Program can only be used for inventory, assessment and cleanup planning - no actual cleanup activities. As such, if awarded, the City would utilize grant funds to update the existing brownfields inventory, to prioritize viable brownfield sites for assessment, and to develop cleanup plans for sites that are assessed which will abate environmental hazards and reduce urban blight within the city of Fort Worth. With environmental site assessments completed, the City can anticipate successful future applications for other EPA grant programs which fund environmental cleanup activities. Based on potential brownfields sites inventoried in 2003, approximately 400 potential brownfield sites are located within the City and additional sites may be identified. Fort Worth's downtown core and surrounding areas, including Northside and Near Southside in particular, are good candidates for grant projects in this nationwide competition due to the number of potential brownfield sites within the area boundaries and their respective proximity to active revitalization and economic development activity. If awarded, this EPA Assessment Grant will allow the City to engage in the following activities: 1. Update an existing 2003 brownfields inventory. 2. Facilitate community involvement with activities that lead to the identification of community priorities for short-term and long-term brownfield assessment, site cleanup, reuse and area revitalization. 3. Conduct environmental site assessments on brownfield sites with potential contamination of hazardous substances, pollutants, contaminates, or those with potential petroleum contamination. 4. Develop detailed cleanup plans for brownfield sites that are assessed through this grant. The plans will include specific strategies for cleanup and reuse of the sites to advance sustainable and equitable revitalization, while improving public health within the project area. Specific plan implementation strategies will include timelines for specific short-and long-term actions, lists of resources available and needed, leveraging opportunities and key partners responsible for specific implementation actions. The goals for the City's Brownfields Program during 2017-2020 include assessment, cleanup and redevelopment of sites already identified by the City, as well as the continued inventory of new sites and maintenance of the database. The proposed grant, if awarded to the City of Fort Worth, will be for a 36-month period. This contract will be with a governmental entity, state agency or public institution of higher education: United States Environmental Protection Agency. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. If awarded, funds will be received on an advance basis. Indirect costs have not been included, as the grant does not anticipate covering any salaries. FUND IDENTIFIERS (FIDs): TO Fund Department ccount Project Program ctivity Budget Reference # mount ID ID Year Chartfield 2 Logname: 23EPA_BF_ASSESS_GRANT Page 2 of 3 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brandon Bennett (6345) Elmer DePaula (7251) Additional Information Contact: Cody M Whittenburg (5455) Logname: 23EPA_BF_ASSESS_GRANT Page 3 of 3