HomeMy WebLinkAboutResolution 3668-10-2008A Resolution
NO 3668-10 2008
IN SUPPORT OF THE APPLICATION OF THE S&B TECHNICAL PRODUCTS, INC ,
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION AT 1300 E. BERRY STREET FORT WORTH TEXAS
WHEREAS the S&B Technical Products, Inc (Applicant) has filed an application for support
of a resolution seeking a Municipal Setting Designation for 1300 E. Berry 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 Quahty• and
WHEREAS a public meeting on the application for support was held m Fort Worth on October
8 2008 and a public hearing was held in Fort Worth on October 14 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 drinking water to the Srte and to locations wrtlun one half mile of the Site, and
WHEREAS, Applicant has filed documentation with the city stating that contaminants identified
wrthm the designated groundwater associated with historical uses of the Site, that have been detected m
concentrations exceeding residential assessment levels for potable use include benzene, total petroleum
hydrocarbons (TPH), tetrachloroethylene (PCE), tnchloroethylene (TCE), dichloroethene (DCE) cis-
1,2-dichloroethene (CDCE), trans 1,2-dichloroethene (TDCE) 1 1-dichloroethane (1 1 DCA), 1,2
dichloroethane (1,2 DCA) and vinyl chloride.
WHEREAS, Applicant has further filed documentation with the city stating that this
contamination is contained wrthm the shallow perched groundwater beneath the Srte; 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 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 Srte and
RESOLUTION NO 3668-10-2008
WHEREAS the certification of a Municipal Setting Designation for the Srte ns nn the best
interests of the community
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 Destgnation of the Srte.
Adopted this 14th day of October 2008
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ATTEST ^' ~~'t~~°~#
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Mar`ty Hendrix CntySecretary OCT 1 4 2008
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City Secretary of the
City of Fort Worth, ~'exas
RESOLUTION NO 3668 10 2008
EXHIBIT A
BEING 28 63 acres of land located m the G W HARTZOG SURVEY Abstract No 697 and the W.R.
LOVING SURVEY Abstract No 748 Fort Worth, Tarrant County Texas, and being the combined
total of the 26.56 acre tract of land conveyed to S&B Technical Products, Inc by the deed recorded in
Volume 14478 Page 395 of the Deed Records of Tarrant County Texas, and the 3 07 acres of land
remaining from the original deed to A. Brandt Company Inc by the deed recorded in Volume 1839
Page 75 of the Deed Records of Tarrant County Texas. Said 28 63 acres of land being more particularly
described by metes and bounds as follows
BEGINNING at a point at the Northwest corner of said S&B Technical Products Tract, and said POINT
OF BEGINNING being the intersection of the East right-of way line of the Union Pacific Railroad
right-of way and the South right-of way line of East Berry Street;
THENCE S 89° 28' 18 E 564 00 feet, along the South right-of way line of said East Berry Street, to a
point at the original Northeast corner of said A. Brandt Company Tract, lying in the East boundary line
of the aforesaid G W HARTZOG SURVEY
THENCE S 00° 18' 38 W 1642 03 feet, along the East boundary hne of said G W HARTZOG
SURVEY and said W.R. LOVING SURVEY and the East boundary line of said A. Brandt Company
Tract, and the East boundary line of said S&B Technical Products Tract, to a point at the Southeast
corner of said S&B Technical Products Tract;
THENCE N 89° 33 13 W 955 99 feet, along the South boundary line of said S&B Technical Products
Tract, to a point at the Southwest comer of said S&B Technical Products Tract;
THENCE N 14° 59' 11 E 967 60 feet, along the West boundary line of said. S&B Technical Products
Tract, and the East right-of way hne of Mississippi Street, to a point;
THENCE N 75° 37' 42 W 45 00 feet, to a point m the East right-of way hne of aforesaid Union Pacific
Railroad, also being the West boundary line of said S&B Technical Products Tract;
THENCE along the West boundary line of said S&B Technical Products Tract, and the East right-of
way line of said Union Pacific Railroad as follows.
1 N 14° 22' 18 E 5.36 feet, to a point;
2 N 15 38' S9 E 715.22 feet, to the POINT OF BEGINNING
RESOLUTION NO 3668-10-2008
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S&B Technical Products, Inc., MSD
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S & B Tech ni cal Products MSD
'1340 E Berry. Streef
Fort U+Jorth Texas
P4::D Boundary(28.62:acres)
Exhibit B
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City of Forf Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Supporting the Application of S&B Technical Products Inc for a Municipal Setting
Designation for Property at 1300 East Berry Street to the Texas Commission on Environmental
Quality Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of S&B Technical Products Inc for approval of a Municipal
Setting Designation for the property located at 1300 East Berry Street, an approximately 28 acre tract, more
fully described as G W Hartzog Survey Abstract 697 W R. Loving Survey Abstract 748 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 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 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 an 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 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 (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 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 August 21 2008 S&B Technical Products, Inc filed an application with the City seeking support of an
Logname 52MSD SB TECH Page 1 of 2
MSD at 1300 East Berry 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 a public
meeting was held at the Tarrant County Public Health Department on October 8 2008 Two representatives
of the Applicant, two City staff members and one Fort Worth City Council Member were present. Ten
residents of Fort Worth and surrounding cities were in attendance Comments made at the meeting do not
adversely impact staffs recommendation to approve this MSD
The groundwater to be restricted is shallow perched groundwater that occurs at depths of three feet below
ground surface (bgs) down to the top of the underlying confining limestone layer that occurs at a depth of
approximately 20 feet bgs The affected shallow groundwater is not a designated recognized major or
minor aquifer The predominant chemical of concerns detected in the groundwater are benzene total
petroleum hydrocarbons (TPH) tetrachloroethylene (PCE) trichloroethylene (TCE) dichloroethene (DCE)
cis-12-dichloroethene (CDCE) trans 1,2-dichloroethene (TDCE) 11-dichloroethane (1 1 DCA) 12
dichloroethane (1,2 DCA) and vinyl chloride
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
FISCAL INFORMATION/CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Charles Daniels (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSD SB TECH Page 2 of 2