HomeMy WebLinkAboutResolution 3483-05-2007A Resolution
NO. 3483-OS-2007
SUPPORTING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FORT
WORTH AND HANSON ROOF TILE, INC., FOR THE PROVISION OF A VISUAL
ENVIRONMENTAL BUFFER BETWEEN A PERMANENT CONCRETE BATCH PLANT
AND THE AFFECTED AREA
WHEREAS, on December 27 2006 Hanson Roof Tile Inc applied to the Texas Commission
on Environmental Quality ("TCEQ ') for an Air Quality Standard Permit by registration
number 80701 and
WHEREAS, the granting of such permit by TCEQ would allow for the construction of a concrete
batch plant and associated roof tale manufacturing plant located at 610 Riverside Drive
Fort Worth, Texas and
WHEREAS, the proposed concrete batch plant and associated roof the manufacturing plant will
emit air contaminants known as particulate matter such as but not limited to aggregate
cement, road dust and particulate matter less than ten (10) microns in diameter and
WHEREAS, the City has health and safety concerns with regard to the particulate matter which
shall be released by the construction and operation of the concrete batch plant and
associated roof the manufacturing plant; and
WHEREAS, TCEQ shall issue a standard permit for certain concrete batch plants pursuant to the
requirements in the Texas Health and Safety Code Section 382 05198 and
WHEREAS, Title 30 of the Texas Administrative Code Chapter 55 154(c)(2) (hereinafter 30
TAC 55 154(c)(2)') requires TCEQ to conduct a public meeting if a member of the
legislature who represents the general area in which the facility is located or proposed to
be located requests that a public meeting be held, and
WHEREAS, State Representative Lon Burnam, who represents affected citizens near and around
610 Riverside Drive Fort Worth, Texas, has requested a public meeting be held by TCEQ
and
WHEREAS, on October 3 2006 the City Council adopted Ordinance No 17228 10 2066 with
the intent `to protect the public health and safety and general welfare of the citizens of the
City of Fort Worth and to promote orderly development, codified in the City Code as
Appendix A, Chapter 6 Development Standard, Article 3 Landscaping and Buffers
(hereinafter City Tree Standards ') and
WHEREAS, Section 6 301 (K)(1)(d)(6) defines as one objective of the City Tree Standards to be
to aid in stabilizing the environment s ecological balance by contributing to the process
of air purification and
WHEREAS, City has worked cooperatively with the affected citizens in the general area and
Hanson to address and satisfy some of these concerns, gn_d
CItL04.23.07v3
Resolution No 3483-OS-2007
WHEREAS, the resolution of these concerns would eliminate the need for a public meeting to be
held by TCEQ and
WHEREAS as far as is permissible by all applicable laws, the Parties mutually desire to
memorialize the agreement made by the City and Hanson Roof Tile, Inc to protect the
health and safety of the affected citizens in the general area related to the construction and
operation of the concrete batch plant and associated roof the manufacturing plant; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
That the City of Fort Worth shall enter into a Memorandum of Agreement with Hanson
Roof Tile, Inc attached as Exhibit A, for the provision of a visual environmental buffer
between the permanent concrete batch plant and associated roof the manufacturing plant
to be located at 610 Riverside Drive, Fort Worth, Texas, and the affected area.
2
That the City of Fort Worth shall make a written request to State Representative Lon
Burnam for the withdrawal of his petition to TCEQ for a public meeting regarding the
granting of an Air Quality Standard Permit. In consideration of such request, Hanson Roof
Tile, Inc at its sole cost and expense shall comply with all requirements for landscaping
and buffers as described in the City Tree Standards, as they may be amended at the time of
permitting and shall expend an additional $15 000 beyond such costs to provide for
additional seven inch caliper trees to act as a visual environmental buffer between the
concrete batch plant and associated roof tale manufacturing plant and the affected area.
That the City of Fort Worth and Hanson Roof Tile Inc shall enter into a binding
agreement, establishing certain rights and duties for both Parties as allowable and
enforceable by law Nothing in the agreement shall circumvent or supersede the authority
of TCEQ or any applicable laws
ADOPTED this 1st day of MaY , 2007
Marty Hendrix
City Secretary
CItL04.23.07v3