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HomeMy WebLinkAboutResolution 3365-06-2006A Resolution IN SUPPORT OF THE APPLICATION OF GPI INTERIM INC SEALY SHILOH, LP AND TEXAS STAR INDUSTRIAL GROUP, LTD TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 1101 1107 PAMELA DRIVE, 1103-1109 1110 1114 AND 1118 SOUTH AIRPORT CIRCLE, AND 1205 TEXAS STAR PARKWAY EULESS TEXAS NO 3365-06-2006 WHEREAS on April 11 2006, the City Council of the Crty of Euless, Texas, approved ordinance number 1731 prohibiting the use of shallow groundwater for potable purposes at 1101 1107 Pamela Drive, 1103 1109 1110 1114 and 1118 South Airport Circle, and 1205 Texas Star Parkway Euless, Texas, ("Site") more fully described m Exhibit A and WHEREAS, the City Council of the Crty of Euless, Texas, made a finding that rt is m the best interest of the public and the city to facilitate the efforts of GPI Interim, Inc Sealy Shiloh, LP and Texas Star Industrial Group, Ltd., Co ("Applicants"), to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Srte; and WHEREAS, Applicants have filed an application with the TCEQ for certification of a municipal setting designation for the Srte pursuant to Texas Health and Safety Code, Chapter 361 Subchapter W and have provided notice of such application to the City of Fort Worth, and WHEREAS, Texas Health and Safety Code, § 361 8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality with a boundary located not more than one-half mile from the property for which the designation is sought; and WHEREAS, the boundary of said Srte is wrthm one-half mile of the corporate hnirts of the city of Fort Worth, and WHEREAS, the Crty of Fort Worth has an approved public drinking water supply system that supplies or is capable of supplying drinking water to locations wrthm one half mile of the Srte that are within the corporate hnirts of Fort Worth with the exception of The Parks at Texas Star and the Texas Star Golf Course, both owned by the city of Euless, a portion of which are wrtlun the city hnirts of Fort Worth and for which Euless supplies water and Resolution No. 3365-06-2006 WHEREAS, Applicants have contmumg obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Srte• and WHEREAS, the certification of a Municipal Settmg Designation for the Srte is m the best interests of the community NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS That the City Council Supports Applicants application to the Texas Commission on Environmental Quality for a Municipal Settmg Designation of the Site. Adopted this 13th day of June , 2006 ATTEST ~. .,~ ,~ _ , f ~_ ~B y '" ~ , ~~ k ~ :. ~ ~ ,. ~ ~~ y ~ ., ---- --~ ~ - ~'~Marty Hendnx % ity Secretary t ... y ry +~ rat •i~ .rr ~{ APPROVED CITY COUNCIL JUN 1 3 2006 ~~~~ City Secretary of the City of Fort Worth, Texas Resolution No 3365-06-2006 EXHIBIT A 1205 Texas Star Parkway .1110 1114 and 1118 South Airport Circle Being all of Lots 1 R and 2 R, Block 1 Airport Business Park, an addition to the city of Euless, Tarrant County Texas, according to the Corrected Plat thereof recorded in Volume 288 175 Page 76 of the Plat Records of Tarrant County Texas and being more particularly described by metes and bounds as follows BEGINNING at an iron pin at the northerly northwest corner of Said Lot 1 R, Block 1 said iron pin also being on the south right ofway line at South Airport Circle, THENCE N 67° 15 E along said south right ofway line of South Airport Circle a distance of 149.29' to an 'X" cut in concrete for the common north corner of Lot 1 R and Lot 2 R, Block 1 THENCE contmumg along said south nght ofway line of South Airport Circle N 67 ° 15 E a distance of 360 46' to an iron pm for the beginning of a curve to the right having a radius of 40 0' THENCE along sand curve to the right, along said South Airport Circle right ofway an arc length of 76 54 to, an iron pzn, THENCE S 03° 0T E along the west right ofway of said South Airport Circle a distance of 297 45' to an iron pm for the beginning of a curve to the right having a radius of 100 00' THENCE along said curve to the right, along said South airport Circle right of way an arc length of 122.81 to an iron pm, THENCE S 67° 15' W along the northerly nght ofway line of said South Airport Circle a distance of 204 O1 to an iron pm, said iron pm being the common south corner of said Lot 1 R and Lot 2 R, Block THENCE contmumg along said northerly nght ofway line of said South Airport Circle S 67° 15' W a distance of 160 0' to an iron pin, THENCE N 67'° 45' W along the common right ofway line of said South Airport Circle and Airport Drive a distance of 14 14 to an iron pm, said iron pin being on the easterly right ofway hne of said Airport Dnve, THENCE along said easterly nght ofway of Airport Drive N 22° 45 W a distance of 249 98' to an iron pm for the begmmng of a curve to the right having a radius of 920 75' THENCE continuing along said curve to the nght an arc distance of 130.56' to an iron pm, Resolution No 3365-06-2006 THENCE along the common nght of way line of said Airport Dnve and South Airport Circle N 26° 09' 03 E a distance of 15.24 to the Point of BEGINNING and contaimng 4 69 acres of land. 1103 109 South Airport Circle Lot 14 R, Block 2, AIRPORT BUSINESS PARK SUBDIVISION to the Crty of Euless, Tarrant County Texas, according to the Revised Plat thereof recorded m Volume 388 129 Page 79 Plat records, Tarrant County Texas. 1101 1107 Pamela Drive BEING a 4 123 acre tract of land, said tract being part of Tract B Block 1 EULESS INDUSTRIAL PARK, FIRST FILING an addition to the Crty of Euless, Texas, according to the plat thereof recorded in Volume 388 26 Page 23 and part of said 4 123 acre tract being Lots 7 8 9 and 10 Block 1 EULESS'INDUSTRIAL PARK, SECOND FILING according to the plat thereof recorded m Volume 388 31 Page 70 Map or Deed Records, TARRANT COUNTY Texas, and being more particularly described as follows BEGINNING at a point, a 1/2 inch iron rod, said point being the intersection of the north right of way line of Pipeline Road (50' right of way) with the east nght of way line of Pamela Drive (50' right of way) THENCE North along the east right of way line of Pamela Drive and the west line of Lots 10 9 8 and 7 Block 1 m said Euless Industrial Park, Second Filing Addition, a distance 508.50' to a point, a power pole, for corner THENCE North 88° 28 minutes 40 seconds East, a distance of 350 12 to a point, a railroad spike, in the west nght of way line of Stanley Drive (50' right of way) THENCE South along the west nght of way line of Stanley Drive, a distance of 517 80' to a point, a 1/2 inch iron rod, m the north right of way line of Pipeline Road, THENCE West along the north right of way line of Pipeline Road, a distance of 350 00' to the POINT OF BEGINNING AND CONTAINING 179 603 square feet or 4 123 acres of land, more or less. fi City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 6/13/2006 Resolution No 3365-06-2006 DATE Tuesday June 13 2006 LOG NAME 52MSDEULESS REFERENCE NO G 15236 SUBJECT Adopt Resolution Supporting the Application for a Municipal Setting Designation (MSD) to the Texas Commission on Environmental Quality for a Site Located within the City of Euless that is within One-Half Mile of the Corporate Limits of the City of Fort Worth RECOMMENDATION It is recommended that the City Council adopt the attached resolution supporting the application to the Texas Commission on Environmental Quality (TCEQ) for an MSD for a site located within the City of Euless that is within one-half mile of the corporate limits of the City of Fort Worth 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 within the MSD to drinking water standards although other cleanup standards such as inhalation and contact must still be met. The MSD application will not be certified by the TCEQ if the municipality where the site is located does not give formal approval Additionally the MSD application must be supported by a resolution enacted by the city council of each municipality with a boundary located within a half mile of the site's boundaries the city council of each municipality that owns or operates a groundwater supply well within five miles of the MSD's boundaries and the governing body of each retail public utility that owns or operates a groundwater supply well within five miles of the MSD's boundaries On April 11 2006 the City Council of the City of Euless Texas approved ordinance number 1731 prohibiting the use of shallow groundwater for potable purposes from beneath 1101 1107 Pamela Drive 1103-1109 1110 1114 and 1118 South Airport Circle and 1205 Texas Star Parkway Euless Texas The designated groundwater is less than 50 feet in depth The Euless city council made a finding that it is in the best interest of the public and the city to facilitate the efforts of GPI Interim Inc. Sealy Shiloh LP and Texas Star Industrial Group Ltd Co to secure an MSD with the TCEQ for said Site The boundaries of this site are within one-half mile of the corporate limits of Fort Worth Research found two groundwater supply wells, 32 16-501 and 32 16-504 installed in the early 1950s by the City of Fort Worth and located within five miles of the MSD site The first well completed to a depth of 1 755 feet, was placed on inactive status in the 1970s and plugged as part of the State Highway 360 expansion in the 1980s The second well completed to a depth of 1 846 feet; is located within the old Greater Southwest International Airport pump station and ground storage reservoir This well was disconnected from the City of Fort Worth water system in the 1980s as part of Centreport Industrial Park development program It was then turned over to Centreport Venture Inc for irrigation use though it has Logname 52MSDEULESS Page 1 of 2 never been used as such 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 (6199) Originating Department Head. Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) Logname 52MSDEULESS Page 2 of 2