HomeMy WebLinkAboutResolution 3530-09-2007A Resolution
IN SUPPORT OF THE APPLICATION OF THE RADIOSHACK CORPORATION
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION OF 401 NE 38T" STREET FORT WORTH TEXAS
NO 3530-09-2007
WHEREAS, the RadioShack Corporation (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for the property located at 401 NE 38~' Street, Fort
Worth, Texas, the metes and bounds description bemg attached hereto as Exhibit A (Site), and map of
same bemg attached hereto as Exhibit B (Site Map), to the Texas Commission on Environmental
Qualrty• and
WHEREAS a public meeting on the application for support was held m Fort Worth on August
28, 2007 and a public hearing was held m Fort Worth on September 18, 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 public drinking water supply system exists that supplies or is capable
of supplying drinking water to the Site and to locations within one-half mile of the Srte and
WHEREAS, Applicant has filed documentatIlOn with the city stating that contaminants identified
within the designated groundwater associated with historical uses of the Site, that have been detected m
concentrations exceeding residential assessment levels for potable use include tetrahydrofuran, benzene,
trichloroethylene, toluene, vinyl chloride, and total 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 Site, and
WHEREAS, the City of Fort Worth, by ordinance, has prohibited the use of designated
groundwater beneath the Site 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
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WHEREAS the certification of a Municipal Setting Designation for the Site is 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 this _~sth
ATTEST
day of September2007
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Marty~Hendrix City Srecretary
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APPROVED
CITY COUNCIL
SEP 1 R 2001
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City Secretary of the
City of Fort Worth, Texas
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Resolution No. 3530-009-2007
Field notes for 916 acres of land -out of the Wi!lram B Tucker
Survey in Tarrant County Texas
Being a tract of land out of the William B Tucker Survey
Abstract #151b situated in Tarrant County Texas and more
particularly a part of a certain tract to Charles Pfizer and
Company Inc as recorded in Volume 3609 Page 143 Deed
Records Tarrant County Texas and described by metes and
bounds as follows•
Beginning at an Iron pin m the East Line of the C R.I. & ~ Railroad
Company R.C W in the West line of said Pfizer Tract surd Iron
pin is also the Southwest corner for Lot 1 Block 1 Tnncor
Addition to the City of Fort Worth according to the Pint
recorded in Volume 388-67 Page 21 Deed Records Tarrant
County Texas;
Thence Enst along the South Line of said Lot 1 671.0 feet to an
iron pint for corner-
Thence South b75 b fee to an iron pin. for corner of the North
Line of Thirty-Erghth Street•
Thence West along the North line of Thirty-Erghth Street 534 7
feet to nn iron pin for corner and East line of said railroad
R.C W
Thence Northerly along the East I'rne of said 12arlroad R.C W
North bdegrees-51 West 76 1 feet North 7 degrees- 33 West
100 92 feet North 8 degrees - 44 West 101.28 feet North la
degrees - 39' 1Nest 1016b feet North 12 degrees - 44 West
1418 feet North 14 degrees - 49' West 10183 feet and North
16 degrees - 57' West 10177 feet to the point of beginning and
containing 91b acres of land
Resolution No 3530-009-2007
Exhibit B CFW-MSD-0013
Map of 401 NE 38th Street
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City of Fort Worth, Texas
Mayor and Council Communication
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of RadioShack Corporation for approval of a Municipal
Setting Designation (MSD) for the property located at 401 Northeast 38th Street, an approximately 9 1597
acre tract, more fully described as Tancor Addition Block 1 Lot 2 Fort Worth Tarrant County Texas,
("Site') 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 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 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 July 25 2007 RadioShack Corporation filed an application with the City seeking support of an MSD at
Logname 52MSDRADIOSHACK Page 1 of 2
401 Northeast 38th 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 Meacham Airport on August 28 2007 Three representatives of the Applicant and three
city staff were present. Six residents of Fort Worth and surrounding cities were in attendance There were
no comments from residents adverse to this application
The groundwater to be restricted is shallow perched groundwater that occurs at depths of three to eight
feet below ground surface (bgs) down to the top of the underlying confining limestone layer that occurs at
depths of between six and fourteen feet bgs The affected shallow groundwater is not a designated
recognized major or minor aquifer The predominant chemical of concern detected in the groundwater is
tetrahydrofuran Tetrahydrofuran was used as a solvent in the tape manufacturing process Lesser
concentrations of benzene, trichloroethylene toluene vinyl chloride and total petroleum hydrocarbons have
also been detected in the groundwater
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 'h mile of the MSD
boundary All undeveloped properties (within the City Limits of the City of Fort Worth) with '/2 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 '/2 mile of
the MSD boundary
The site is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION
The Finance 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 by Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSDRADIOSHACK Page 2 of 2