HomeMy WebLinkAboutResolution 3433-11-2006A Resolution
IN SUPPORT OF THE APPLICATION OF SYNSTATION L.P
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
THE SOUTHEAST CORNER OF NORWOOD DRIVE AND TRINITY BOULEVARD,
FORT WORTH TEXAS
NO 3433-112006
WHEREAS, Synstahon L.P (Applicant) has filed an application with the Crty of Fort Worth,
Texas, for the city's support of a Municipal Setting Designation for the property located at the southeast
corner of Norwood Drnve and Trinity Boulevard, Fort Worth, Texas, an approximately 13 694-acre Srte,
more fully described nn the metes and bounds description being attached hereto as Exhibit A (Srte)
and
WHEREAS, a public meeting on the application for support was held m Fort Worth on October
30 2006 and a public hearnng was held m Fort Worth on November 14 2006 and the affected
community was duly notified of same and allowed the opportunity to comment; and
WHEREAS, the City of Fort Worth ns a munncnpahnty with a population of 20 000 or greater and
WHEREAS, an approved public drnnknng water supply system exists that supplies or ns capable
of supplying drnnlcmg water to the Srte and to locations wrthm one half mile of the Srte, and
WHEREAS, Applicant has filed documentation with the city stating that contaminants identified
wrthm the designated groundwater associated with historical uses of the Srte, that have been detected m
concentrations exceeding residential assessment levels for potable use include Tetrachloroethene; and
WHEREAS, Applicant has further filed documentation with the city stating that this
contamination ns contained wrthnn the shallow perched groundwater beneath the Srte; and
WHEREAS, the Crty 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 Crty 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 Srte; and
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Resolution No 3433 11 2006
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
That the City supports Applicant's application to the Texas Commission on Environmental
Quality for a Municipal Setting Designation of the Srte
Adopted this 14t" day of November , 2006
ATTEST ~~.• ~,
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~,, Marty Hendrix gCi= y~~Secretary
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APPROVED
CITY CQ~I~°CI~
NOV 1 4 LUU6
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City Secretary of fhe
City of Fort Wox•th, Texas
Resolution No 3433-11 2006
EXHIBIT A
BEING that certain tract of land situated m the S Cotrail Survey Abstract Number 330 and being a
portion of that certain tract of land described by deed to Bell Helicopter Textron, Inc. as recorded as
Parcel H m Volume 7231 Page 1786 Deed Records, Tarrant county Texas, and being more
particularly described by metes and bounds as follows
BEGINNING at a 4 inch wood post found at the southwest corner of said Parcel H, said post also
being the northwest corner of that certain tract of land described by deed to TXI Operations, Inc as
recorded in volume 13191 Page 252, Deed Records, Tarrant County Texas and being in the east
right-of way line of Norwood Drive (an 80 foot public right-of way) and being m the approximate
south line of said Cotrail Survey and being m the approximate north line of the W P Burns Survey
Abstract Number 121
THENCE N 00 degrees 07 minutes 58 seconds W 725.95 feet (previously recorded as N 00 degrees
23 minutes 17 seconds E, 726.27 feet) along the west line of said Parcel H and said east right-of way
line of Norwood Dnve to a 5/8 inch iron rod with cap stamped Carter &Burgess° set at the
northwest corner of said Parcel H, said iron rod also being m the south right-of way line of Trinity
Boulevard (a 120 foot public right of way)
THENCE N 88 degrees 39 minutes 32 seconds E, 823.30 feet (previously recorded as N 89 degrees 11
minutes E) along the north line of said Parcel H and said south right of way line of Trinity
Boulevard to a 5/8 inch iron rod with cap stamped 'Carter &Burgess set
THENCE S O1 degrees 20 minutes 17 seconds E, 532.28 feet departing said north line of Parcel H
and said south right-of way line of Trinity Boulevard to a 5/8 inch iron rod with cap stamped
Carter &Burgess set
THENCE S 21 degrees 24 minutes 20 seconds W 213 54 feet to a 5/8 inch iron rod with cap stamped
'Carter Burgess set m the south line of said Parcel H, said iron rod also being m the north 1 i n e of
said TXI tract, and being m the approximate south line of said Cotrail Survey and the approximate
north 1 i n e of said Burns Survey
THENCE S 88 degrees 55 minutes 07 seconds W 756 02 feet (previously recorded as S 89
degrees 26 minutes 24 seconds W) along the common line of said Parcel H and said TXI tract and
along the approximate common line of sand Cotrail Survey and said Burns Survey to the POINT
OF BEGINNING and containing 596,528 square feet or 13 694 acres of land, more or less
City of Fort Worfh, Texas
Mayor and Council Communication
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of Synstation L.P for approval of a Municipal Setting
Designation (MSD) for the properties located at the southeast corner of Norwood Drive and Trinity
Boulevard an approximately 13 694-acre site in 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 four previous MSD applications.
Logname• 52MSD NOR TR1N Page 1 of 2
On September 15 2006 Synstation L.P filed an application with the City seeking support of an MSD at the
southeast corner of Norwood Drive and Trinity Boulevard
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
East Regional Library on October 30 2006 Four citizens, two applicant representatives and two City of
Fort Worth staff were present. The meeting was uneventful and no comments adverse to the application
were made
The designated groundwater at the site is shallow with depths varying from 5.25 to 9 65 feet below ground
level The identified chemical of concern in the designated groundwater that exceeds residential
assessment levels is 1"etrachloroethene The impacted groundwater is not a drinking water
source Persons responsible for the contamination are unknown The Fort Worth Water Department
provides water service to all existing residential and commercial/industrial property within'/2 mile of the site
All undeveloped property within '/2 mile of the site is 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 DISTRICT 5
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material affect on City funds.
TO Fund/Account/Centers
FROM Fund/AccountlGenters
Submitted for City Manager's Office by. Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname• 52MSD NOR TRIM Page 2 of 2