HomeMy WebLinkAboutResolution 3480-04-2007A Resolution
IN SUPPORT OF THE APPLICATION OF THE CITY OF FORT WORTH
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION OF THE TRINITY UPTOWN AREA, FORT WORTH, TEXAS
NO 3480-04-2007
WHEREAS, the City of Fort Worth (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for the property known as the Trinity Uptown Area,
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 pubhc meeting on the application for support was held m Fort Worth on April
10 2007 and a public hearing was held m Fort Worth on Apri124 2007 and the affected community
was duly notified of same and allowed the opportunity to comment; and
WHEREAS, the City of Fort Worth is a municipality with a population of 20 000 or greater and
WHEREAS, an approved pubhc drinking water supply system exists that supplies or is capable
of supplying dunking 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
wrthiin the designated groundwater associated with historical uses of the Srte, that have been detected m
concentrations exceeding residential assessment levels for potable use include volatile and semi volatile
organic compounds, metals, benzene, toluene, ethylbenzene, xylene, methyl tert-butyl ether and
petroleum hydrocarbons, and
WHEREAS, Applicant has further filed documentation with the city stating that this
contamination is contained within 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 Site• and
Resolution No 3480-04-2007
WHEREAS, the certification of a Municipal Setting Designation for the Site ns m 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 Designation of the Srte
Adopted thus 24th day of April. , 2007
ATTEST; ~-~~~~,.
~~ ~ ~~~..
~,
~- ' {~~~'
~ k • ~ ~'
~ ~~ -
~' 'Marty Hendrix` City Secretary
'"~ .,-.. .*,"'"'' ,yam,,
~fr'~~s~ y~~~*~~
+~",,-
APPROVEQ
ciTY cau~cs~
APR 2 4 2007
~,~:~-~~
City Secretary of the
City of Fort VV'orth, Texas
Resolution No 3480-04-2007
EXHIBIT A
A parcel of land, out of the J Baugh Survey Abstract Number 115 the M. Baugh Survey Abstract Number ] 06, the W
Bussell Survey Abstract Number 151 the R. Crowley Survey Abstract Number 313 A. Gouehneant Survey Abstract
Number 582, the E. Little Survey Abstract Number 954 the J M. C Lynch Survey Abstract Number 955 the F G
Mulliken Survey Abstract Number 1045 the A. Robinson Survey Abstract Number 1289 the S. K. Smith Survey Abstract
Number 1417 and the I. Thomas Survey Abstract Number 1526, in Tarrant County Texas, situated at the Courthouse in
Fort Worth, Texas, the County Seat, and being more particularly described by metes and bounds as follows,
BEGINNING at the intersection of the centerlines of White Settlement Road and University Drive;
THENCE with said centerline of University Drive, NORTH, crossing the West Fork of the Trinity River and Northeasterly
some 4900 feet, to its intersection with the centerline of North Side Drive, at Jacksboro Highway
THENCE with said centerline of North Side Drive, Northeasterly some 600 feet, to its intersection with the centerline of
Grand Avenue;
THENCE with the meanders of said centerline of Grand Avenue, Northeasterly some 4000 feet, to its intersection with the
centerline of North Houston Street;
THENCE with said centerline of North Houston Street, North 40 degrees West, some 1260 feet, to its intersection with the
centerline of Central Avenue;
THENCE with said centerline of Central Avenue, North 50 degrees East, some 380 feet, to its intersection with the centerline
of Ellis Avenue;
THENCE with said centerline of Ellis Avenue, North 40 degrees West, some 1500 feet, to its intersection with the centerline
of 20"' Street Northwest;
THENCE with said centerline of 20~' Street Northwest, WEST some 90 feet, to its intersection with the centerline of Ellis
Avenue;
THENCE with said centerline of Ellis Avenue, NORTH, some 2850 feet, to its intersection with the centerline of Exchange
Avenue;
THENCE with said centerline of Exchange Avenue, EAST crossing Marine Creek, and NORTH, EAST SOUTH, through
the intersection of Exchange Avenue, Packers Avenue, and Stockyards Boulevard, and continuing EAST some 2400 feet, to
its intersection with the centerline of Niles City Boulevard;
THENCE with said centerline of Niles City Boulevard, Southerly some 1250 feet, to its intersection with the centerline of
23`d Street Northeast;
THENCE with said centerline of 23`d Street Northeast, EAST some 1600 feet, to its intersection with the centerline of
Decatur Avenue;
THENCE with said centerline of Decatur Avenue, Northeasterly and Northerly some 1600 feet, to its intersection with the
centerline of Brennan Avenue,
THENCE with said centerline of Brennan Avenue, North 75 degrees East, some 870 feet;
THENCE continuing with said centerline of Brennan Avenue, South 70 degrees East, some 3100 feet, to its intersection with
the centerline of Cold Springs Road,
Resolution No 3480-04-2007
THENCE with said centerline of Cold Springs Road, South 10 degrees West, some 1000 feet, to its intersection with the
centerline of North Side Drive,
THENCE with the meanders of said centerline of North Side Drive, Southwesterly again crossing the West Fork of the
Trinity River some 3800 feet, to its intersection with the centerline of Samuels Avenue,
THENCE with said centerline of Samuels Avenue, Southeasterly some 3100 feet, to its intersection with the centerline of
Greer Avenue;
THENCE with said centerline of Greer Avenue, South 75 degrees West, and to and along a projection of said centerline,
some 850 feet, to its intersection with the easterly high bank of the West Fork of the Trinity River
THENCE with the meanders of said easterly and the southeasterly high bank of the West Fork of the Trinity River South and
Southwesterly some 4900 feet, to its intersection with the centerline of North Main Street;
THENCE with said centerline of North Main Street, South 30 degrees East, some 160 feet, to its intersection with the
centerline of Bluff Street;
THENCE with said centerline of Bluff Street, Southwesterly some 240 feet, to its intersection with the centerline of Houston
Street;
THENCE with said centerline of Houston Street, South 30 degrees East, some 80 feet, to its intersection with the centerline
of Belknap Street;
THENCE with said centerline of Belknap Street, South 60 degrees West, some 2500 feet, to its intersection with the
centerline of Forest Park Boulevard,
THENCE with the meanders of said centerline of Forest Park Boulevard, Westerly and Southerly some 2400 feet, to its
intersection with the centerline of West 7~' Street;
THENCE with said centerline of West 7a` Street, WEST some 2700 feet, to its intersection with the centerline of Carroll
Street;
THENCE with said centerline of Carroll Street, NORTH, some 2900 feet, to its intersection with said centerline of White
Settlement Road,
THENCE with said centerline of White Settlement Road, WEST some 2000 feet, to the PLACE OF BEGINNING, and
containing some 1964 acres of land, more or less.
Bearing Base and Distances, per City of Fort Worth, Graphic Information System.
This descnption prepared by Hans Kevm Hansen, Registered Professional Land Surveyor Number
4786 in October 2006
`This document was prepared under 22 TAC § 663.21 does not reflect the results of an on the ground survey and is not to
be used to convey or establish interests in real property except those rights or interests implied or established by the creation
or reconfiguration of the boundary of the political subdivision for which it was prepared.
Resolution No 3480-04-2007
FXFIIRIT
Cify of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/24/2007 Resolution No. 3480-04-2007 8~ Ordinance No
17525-04-2007
DATE Tuesday April 24 2007
LOG NAME 52MSDTRINITYUP REFERENCE NO G 15702
SUBJECT
Adopt a Resolution Supporting the Application of the City of Fort Worth for a Municipal Setting
Designation for the Trinity Uptown Area 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 City of Fort Worth (Applicant) for approval of a
Municipal Setting Designation (MSD) for the area known as the Trinity Uptown Area, Fort Worth (Site) This
is an approximately 1 964-acre tract encompassing the industrial/commercial area of the Paddock Bend
and associated properties in Fort Worth Tarrant County Texas, to be known as the Trinity Uptown Area
MSD 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 (TCEQ) for an MSD 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 allowing for the creation of Municipal Setting Designations
(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 An individual or entity must apply to the Texas
Commission on Environmental Quality (TCEQ) for certification of the property as an MSD If granted the
designated groundwater on the site will not be required to be cleaned up 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 Counci{ adopted an ordinance creating a procedure for persons applying to the TCEQ
for an MSD to obtain 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, conducting a
public meeting held for the purpose of providing information on the application to the affected community
and a public hearing City Council has granted six previous MSD applications.
Logname 52MSDTRINITYUP Page 1 of 2
On March 1 2007 the City of Fort Worth filed an application seeking City Council support of an application
to the TCEQ for a Municipal Setting Designation (MSD) for the Trinity Uptown Area.
Staff from the departments of Development, Engineering Environmental Management, 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
Central Library on April 10 2007 Twenty-seven citizens were in attendance. No comments adverse to the
application were made
The designated groundwater at the site is shallow with depths varying from 10 to 30 feet below ground
level. The identified chemicals of concern in the designated groundwater that exceed residential
assessment levels are: volatile and semi-volatile organic compounds, metals, benzene toluene
ethylbenzene, xylene, methyl tert-butyl ether and petroleum hydrocarbons. The impacted groundwater is
not a drinking water source. The source of the groundwater contamination is the many different historic
industrial uses of the area dating back to the 1930's.
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties located in the Trinity Uptown Area and within one-half mile of the MSD
boundary All undeveloped properties 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.
The site is located in COUNCIL DISTRICTS 2 and 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material affect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office by. Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSDTRINITYUP Page 2 of 2