HomeMy WebLinkAboutResolution 3358-05-2006A Resolution
IN SUPPORT OF THE APPLICATION OF HOUSTON STREET ACQUISITIONS
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
505 N HOUSTON STREET FORT WORTH TEXAS
NO 3358-05-2006
WHEREAS Houston Street Acquisitions, L.P (Applicant) has filed an application with the City
of Fort Worth, Texas, for the city's support of a Municipal Setting Designation for the property located
at 505 N Houston Street, Fort Worth, Texas, more fully described as Lots B, C, D & E, Block 8 North
Fort Worth, Fort Worth, Tarrant County Texas, the metes and bounds description being attached hereto
as Exhibit A (Site) and
WHEREAS a public. meeting on the application for support was held m Fort Worth on May 18
2006 and a public hearing was held in Fort Worth on May 30 2006 and the affected community was
duly notified of same and allowed the opportunity to comment; and
WHEREAS the Crty 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 Site, and
WHEREAS Applicant has filed documentation with the city stating that contaminants identified
within the designated groundwater associated with historical uses of the Srte, that have been detected m
concentrations exceeding residential assessment levels for potable use include petroleum hydrocarbons,
chlorinated solvents and heavy metals, 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
Resolution No 3358-OS 2006
WHEREAS, the certification of a Municipal Setting Designation for the Srte is in 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 30`h day of May 2006
ATTEST ~•°
,.
,: n~~.
:~: J~ .~
_?
Y ~ ~
v
~-
f 4 ~ ~9
Marty Hendrix C y~S~cretary
~- .}°
~x
APPROVED
coTY cour~ci~
MAY 3 0 ZOOfi
~ ~ ~
City Se~~~of the
City of Fort Worth, Texas
E
~ ..,
.,
..
~~ ~
Resolution No 3358-OS-2006
EXHIBIT A
Being all of Lots B C D and E as described m a Judgment of Partition m a suit styled
Samuel Baker Robinson, et al vs Mrs Ann Gerard Lines et al Cause No 11490 A
Judicial District Court of Tarrant County 96t" District, Texas as recorded in Book C 12
Pages 213 et seq and Book C 14 Pages 337 et seq Minutes of District Court, Tarrant
County Texas described as follows
Beginning m the west line of Houston Street at an iron pin with a yellow cap marked
Brittain & Crawford N 30 W 137 7 feet northwest of the southeast corner of Block 8
North Fort Worth Tarrant County Texas for the southeast corner of Lot B and the
southeast corner of this tract
Thence N 30° W with the west line of Houston Street, passing a Y" cut found in the
concrete at 115 7 for the northeast corner of Lot B and the southeast corner of Lot C
passing at 212 3 the northeast corner of Lot C and the southeast corner of Lot D passing
at 298 7 the northeast corner of Lot D and the southeast corner of lot E 382 73 (384 4 of
Record) to a nail in the fenceline for the northeast corner of Lot E and the northeast
corner of this tract
Thence S 60° 03 O1 W 201 08 (200 of Record) with the north line of Lot E to a nail
found in the fenceline for the northwest corner of Lot E and the northwest corner of this
tract
Thence S 30° 14 33 E passing at 85 7 the southwest corner of Lot E and the northwest
corner of Lot D 140 15 to an iron pin with a yellow cap marked Brittain & Crawford
for a corner
Thence S 45 31 33 E passing at 33 3 the southwest corner of Lot D and the northwest
corner of Lot C passing at 133 5 the southwest corner of Lot C and the northwest corner
of Lot B 252 79 to an iron pin found with a yellow metal cap marked Brittain &
Crawford for the southwest corner of Lot B and the southwest corner of this tract
Thence N 59° 38 50 E 132 82 with the southline of Lot B to the point of beginning and
containing 1 576 acres of land
~ ~
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Supporting the Application of Houston Street Acquisitions LP for a Municipal
Setting Designation for the Property Located at 505 North Houston Street, 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 Houston Street Acquisitions, LP for approval of a
Municipal Setting Designation (MSD) for the property located at 505 North Houston Street, an
approximately 1 576-acre tract, more fully described as Block 8 Lots B C D and E North Fort Worth 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 an 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 An individual 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 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 two previous MSD applications, the first in April 2005 and the
second in November 2005
Logname 52MSDHOUSTON Page 1 of 2
On April 3 2006 Houston Street Acquisitions LP filed an application with the City seeking support of an
MSD at 505 North Houston Street.
Staff from the departments of Environmental Management, Water Transportation and Public Works,
Development and Engineering 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 May 18 2006
The designated groundwater at the Site is shallow with depths varying from 12 to 15 feet below ground
level and is underlain by limestone bedrock. Over 200 feet of limestone and shale separate this shallow
groundwater from the Paluxy Sand a minor aquifer in this area The Trinity aquifer is approximately 1 000
feet below the ground surface The chemicals of concern identified in the designated groundwater in
concentrations exceeding residential assessment levels for potable water use consist of Total Petroleum
Hydrocarbons Benzene Cis-1 2 Dichloroethene Trichloroethene and Vinyl Chloride and metals Arsenic,
Barium Cadmium Chromium Lead and Selenium presumably from historic metal salvage operations
dating back to the 1930s
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 Cif Manager's Office bv. Libby Watson (6199)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSDHOUSTON Page 2 of 2