HomeMy WebLinkAboutOrdinance 23085-01-2018 ORDINANCE NO. 23085-01-2018
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE
AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," ARTICLE IV
"GROUNDWATER AND SURFACE WATER QUALITY,"
BY AMENDING APPENDIX "A" "MUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH," BY THE
ADDITION OF SECTION 24 DESIGNATING CFW-MSD-
0028, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0028; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO
$2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Fort Worth Transportation Authority (Applicant) has filed an
application for support of a resolution seeking a Municipal Setting Designation
(MSD) for the site known as 1401 Swift Street, Fort Worth, Texas, the metes and
bounds description being attached hereto as Exhibit"A" (Site); and
WHEREAS, notice to all interested parties has been provided in accordance with
all applicable law and a public hearing has been held on the matter on January 23,
2018; and
WHEREAS, upon passage of a supporting resolution by the City Council,
Applicant intends to file a separate application with the Executive Director of the
Texas Commission on Environmental Quality(TCEQ) for certification of an MSD
for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W;
and
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WHEREAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater contamination investigation and
response actions at the Site; and
WHEREAS,the City Council of the City of Fort Worth is of the opinion that it is
in the best interest of the public to support Applicant's application to the Texas
Commission on Environmental Quality for a Municipal Setting Designation for the
Site; and
WHEREAS, in order for the TCEQ to certify the Site the city must prohibit the
potable use of groundwater from beneath the Site; and
WHEREAS, a public drinking water supply system exists that supplies or is
capable of supplying drinking water to the Site, and property within one-half mile
of the Site; and
WHEREAS, where public drinking water is available, the potable use of
groundwater in designated areas should be prohibited to protect public health and
welfare when the quality of the groundwater presents an actual or potential threat
to human health;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 12.5 "Environmental Protection and Compliance,"Article IV, "Groundwater and Surface
Water Quality," Appendix A, "Municipal Setting Designation Sites in Fort Worth," of the Code
of the City of Fort Worth (1986) as amended, is hereby amended by the addition of Section 24 to
read as follows:
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
Page 2 of 7
24. CFW-MSD-0028
(a) CFW-MSD-0028 is defined and designated as follows:
Being a tract of land situated in the City of Fort Worth, Tarrant County,
Texas and being more particularly described by metes and bounds
description(Exhibit A) and map of CFW-MSD-00028 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0028 is a shallow,
perched aquifer from depths of approximately nine feet to 20 feet below the
ground surface. The affected shallow groundwater is underlain by a
confining layer of approximately 200 to 300 feet in thickness and is
underlain by confining limestone formations that serve as a regional
aquitard that prevents the vertical migrations of the chemical of concern to
underlying potable aquifers. The chemical of concern identified in
groundwater beneath the site exceeding applicable Tier 1 Texas Risk
Reduction Program (TRRP) Residential Protection Concentration Levels
(PCLs) is lead.
(c) The use of the designated groundwater in CFW-MSD-0028 for potable and
irrigation purposes is hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards.
(d) The City will provide advance written notice to the Texas Commission on
Environmental Quality, as much as is practicable, prior to enacting an
ordinance repealing or amending this section.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort
Worth, Texas(1986), as amended,except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences,
clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph,
or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases,
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clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence,paragraph,or section.
SECTION 4.
Any person,firm,or corporation who violates,disobeys,omits,neglects,or refuses to comply with
or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to
exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of the ordinances amended in Section 1, which have accrued at the time
of the effective date of this ordinance and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption
summarizing the purpose of this ordinance and the penalty for violating this ordinance for two (2)
days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local
Government Code Subsection 52.013
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SECTION 7.
This ordinance shall be in full force and effect after its passage and publication as required by law,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY:
AA
res 2- "viot s Mary J.Kay r
Senior Assistant City Attey
ADOPTED: JanuM 23, 2018
EFFECTIVE:
Page 5 of 7
Exhibit A
1401 Swift Street
Metes and Bounds
0.556 Acre Tract
Parcel No. 559
Ashland Oil Addition
An Addition to the City of Fort Worth, Tarrant County, TX
BEING 0.556 acre of land located in Lot 1, Block 1, ASHLAND OIL ADDITION, to the City of Fort
Worth, Tarrant County, Texas, according to the plat recorded in Volume 388-169, Page 81, of the Plat
Records of Tarrant County,Texas. Said 0.556 acre of land being more particularly described by metes and
bounds as follows:
BEGINNING at a ''/z" iron rod marked "Brittain & Crawford" set, at the Southwest corner of said Lot 1,
and said POINT lying at the intersection of the North right-of-way line of Swift Street (a variable width
public right-of-way) with the East right-of-way line of Union Pacific Railroad, and said POINT OF
BEGINNING also having Texas State Grid Coordinates N: 6,966,634.74 and E: 2,328,729.43;
THENCE along the Southwest boundary line of said Lot 1 and the Northeast right-of-way line of said Union
Pacific Railroad, as follows:
1. N 30° 33'47" W 772.14 feet,to a 3/4" iron rod found;
2. N 04° 03'47" W 75.51 feet,to a3/4"iron rod marked"Brittain&Crawford" set;
THENCE severing said Lot 1,as follows:
1. S 310 05' 57" E 414.63 feet,to a'/z"iron rod marked"Brittain&Crawford" set;
2. S 89c42'20" W17.46 feet, to a ''/z" iron rod marked "Brittain&Crawford"set;
3. S 310 05' 57" E 449.23 feet, to a ''/z" iron rod marked "Brittain & Crawford" set, in the South
boundary line of said Lot 1 and the North right-of-way line of said Swift Street;
THENCE S 890 15'43" W 30.77 feet, along the South boundary Iine of said Lot 1 and the North right-of-
way line of said Swift Street, to the POINT OF BEGINNING, containing 0.556 acre(24,212 square feet)
of land.
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Exhibit B
1401 Swift Street
0.556 Acre Tract
1401 SWIFT STREET MUNICIPAL SETTING DESIGNATION
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION:_ Approved on 1/23/2018 ,Orclinance No. 23085-01-2018 &Resolution. .
No: 4896-0,1=2018. :x`
DATE: Tuesday, January 23, 2018 REFERENCE NO.: G-19209
LOG NAME: 23MSD 1401 SWIFT ST
SUBJECT:
Conduct Public Hearing, Adopt Resolution Supporting the Application of the Fort Worth Transportation
Authority, for a Municipal Setting Designation for the Property Located at 1401 Swift Street, Fort Worth,
Texas, to the Texas Commission on Environmental Quality, and Adopt Ordinance Prohibiting the Potable
Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of the Fort Worth Transportation Authority, for approval of
a Municipal Setting Designation for the property located at 1401 Swift Street, a 0.556-acre tract, more fully
described as Lot 1, Block 1, Ashland Addition, Fort Worth, Tarrant County, Texas 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 for a Municipal Setting Designation for the site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION:
On October 23, 2017, the Fort Worth Transportation Authority filed an application with the City seeking
support of a Municipal Setting Designation (MSD) for a property located at 1401 Swift Street, Fort Worth,
Texas.
Staff from the Planning and Development, Transportation and Public Works, and Water departments were
given the application to review. No comments or concerns were received. Notice was issued, as required
by ordinance, and a public meeting was held at the Northside Community Center on December 6, 2017.
The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that
occurs at depths of approximately nine feet to 20 feet below the ground surface. The affected shallow
groundwater is underlain by a confining layer of approximately 200 to 300 feet in thickness that serves as
a regional aquitard preventing vertical migrations of the chemical of concern to underlying potable
aquifers. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The
chemical of concern detected in the designated groundwater is lead. The lead contamination is attributed
to historic, non-specific, industrial activity on the adjoining properties, which includes an asphalt plant and
heavy rail operations.
Logname: 23MSD 1401 SWIFT ST Page 1 of 2
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties located in the area and within a half mile of the MSD boundary. All
undeveloped properties with a half 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.
In 2003, a state law came into effect creating the concept of a Municipal Setting Designation (MSD). The
purpose of an MSD is to provide a means by which TCEQ may limit the scope of investigations and
response actions for groundwater contamination at a site, provided the groundwater is prohibited for use
as a potable water source. "Potable water' means water used for drinking, showering, bathing, or cooking,
or for irrigating crops intended for human consumption. A person, typically a developer, must apply to
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 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.
In January 2005, the 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. This MSD application is the 28th within Fort Worth city limits.
Approval of this MSD application by the Texas Commission on Environmental Quality will support the
advancement of the TEX Rail system by allowing necessary rights-of way to be obtained without
unnecessary requirements placed on the developer to take actions to address historic contaminated
groundwater. There are currently no land use plans for these areas beyond establishing rights-of-way.
The location is in COUNCIL DISTRICT 9.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # �mounl
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody Whittenburg (5455)
Logname: 23MSD 1401 SWIFT ST Page 2 of 2