HomeMy WebLinkAboutOrdinance 23086-01-2018 ORDINANCE NO. 23086-01-2018
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-
0027, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0027; 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 2417 East Long Avenue,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
Page 1 of 8
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:
Page 2 of 8
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
24. CFW-MSD-0027
(a) CFW-MSD-0027 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-00027 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0027 is shallow,perched,
discontinuous groundwater that occurs at depths of approximately three to
nine feet below the ground surface. The affected shallow groundwater is
underlain by a confining layer, the Fort Worth Limestone, 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 chemical of concern identified in groundwater beneath the site
exceeding applicable Tier 1 Texas Risk Reduction Program (TRRP)
Residential Protection Concentration Levels (PCLs) is tetrachloroethylene.
(c) The use of the designated groundwater in CFW-MSD-0027 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
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court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
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
Page 4 of 8
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 ,.
Melina ('�,� S ez-k��r01 kary J. K y
Senior Assistant City Attorney
ADOPTED: January 23, 2018
EFFECTIVE:
Page 5 of 8
Exhibit A
2417 East Long Avenue
Metes and Bounds
21.174 Acres Tract
Parcels 545A and 545C
Sebum Gilmore Survey
An Addition to the City of Fort Worth, Tarrant County, TX
BEING 21.174 acres of land located in the SEBURN GILMORE SURVEY, Abstract No. 590, Fort
Worth, Tarrant County, Texas, and being all of the 19.673 acre tract of land, and 1.501 acre tract of land,
conveyed to Fort Worth Transportation Authority, by deeds recorded in the County Clerk's file Number
D217030021 and D217030021,of the Deed Records of Tarrant County, Texas. Said 21.174 acres of land
being more particularly described by metes and bounds as follows:
BEGINNING at a 1" iron pipe found,at the Northwest corner of said 19.673 acre tract, and the said
POINT OF BEGINNING also lying in the Southeast right-of-way line of the 100 foot wide right-of-way
conveyed to the Dallas Area Rapid Transit System,by the deed recorded in Volume 10146, Page 640, of
the Deed Records of Tarrant County, Texas;
THENCE N 63° 09' 58"E 495.30 feet, along the Northwest boundary line of said Tract III and the
Southeast right-of-way line of said D.A.R.T. Railroad,to a 5/8" iron rod, found at the West corner of a
tract of land designated as Parcel 8, in deed to St. Louis Southwestern Railway Company of Texas,
recorded in Volume 59,Page 472, and Volume 763, Page 345, of the Deed Records of Tarrant County,
Texas;
THENCE continuing along the Northwest boundary line of said 19.673 acre Tract, and the Southeast
right-of-way line of said St. Louis Southwestern Railway Company of Texas, as follows:
1. N 890 45' 58"E 111.40 feet,to a'/z" iron rod marked"Brittain&Crawford" set;
2. N 63° 09' 5 8"E 406.80 feet,to a '/z" iron rod marked"PRICE", found at the most Northerly
Northeast corner of said 19.673 acre tract, same point being the West corner of aforesaid 1.501
acre tract,
THENCE along the North boundary line of said 1.501 acre tract, and continuing along the Southeast
right-of-way line of said St. Louis Southwestern Railway, as follows:
1. N 630 09' 58"E 327.34 feet,to a ''/2" iron rod marked "Brittain &Crawford" set;
2. N 770 18' 58"E 143.90 feet,to a '/z" iron rod marked "Brittain &Crawford"set;
3. N 890 23' 42"E 32.24 feet,to a '/z" iron rod marked "Brittain &Crawford"set,at the
Northeast corner of said 1.501 acre tract,and the Northwest corner of Lot 5-R,Block 1-R,
Diamond Heights Industrial Addition, an addition to the City of Fort Worth,Tarrant County,
Texas, according to the plat recorded in Cabinet B, Slide 2423, of the Plat Records of Tarrant
County,Texas, from which a metal fence post bears S 870E 1.25 feet;
Page 6 of 8
THENCE S 000 22' 45"E 114.93 feet, along the East boundary line of said 1.501 acre Tract and the West
boundary line of said Lot 5-R,to a ''/z" iron rod marked"Brittain&Crawford"set;
THENCE continuing along the East boundary line of said 1.501 acre tract, as follows:
1. S 700 11' 32"W 98.21 feet,to a''/z" iron rod marked"Brittain&Crawford" set;
2. S 000 21' 33" E 135.42 feet,to a broken concrete monument found, at the Southeast corner of
said 1.501 acre tract, same point being the Northeast corner of aforesaid 19.673 acre tract;
THENCE S 000 21' 33"E 610.81 feet, to a ''/z" iron rod marked "Brittain &Crawford" set at the
Southeast corner of said 19.673 acre Tract, said point lying in the North right-of-way line of Long
Avenue(a 110' wide public right-of-way);
THENCE along the South boundary line of said 19.673 acre tract, and the North right-of-way line of said
Long Avenue, as follows:
1. SOUTHWESTERLY 690.38 feet,along a curve to the right, having a radius of 1945.34 feet, a
central angle of 200 20' 01", and a chord bearing of S 790 18' 08"W 686.76 feet,to a''/z"
iron rod marked "PRICE", found at the end of said curve;
2. S 890 29' 16" W 618.88 feet,to a 3/8"iron rod found at the Southwest corner of said 19.673 acre
Tract, same point being the Southeast corner of the tract of land conveyed to Southwest
Petroleum Corporation,by the deed recorded in Volume 2041,Page 446, of the Deed Records of
Tarrant County, Texas;
THENCE N 000 03' 23"W 440.08 feet, along the West boundary line of said 19.673 acre Tract, and
the East boundary line of said Southwest Petroleum Corporation tract,to the POINT OF BEGINNING,
containing 21.174 acres(922,327 square feet)of land.
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Exhibit B
2417 Long Avenue
21.174 Acres Tract
2417 EAST LONG AVENUE MUNICIPAL SETTING DESIGNATION
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Page 8 of 8
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2417 E.Long Avenue I µ� N
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/23/2018 - Ordinance No. 23088-01-2018 & Resolution
No. 4897-01-2018
DATE: Tuesday, January 23, 2018 REFERENCE NO.: G-19210
LOG NAME: 23MSD 2417 E LONG AVE
SUBJECT:
Conduct Public Hearing, Adopt Resolution Supporting the Application of Fort Worth Transportation
Authority, for a Municipal Setting Designation for the Property Located at 2417 E. Long Avenue, 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 2)
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 2417 East Long Avenue, a combined 21.174-
acre tract, more fully described as Parcel 545A and Parcel 545C, Seburn Gilmore Survey, Abstract No.
590, 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 2417 E. Long Avenue, 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 Diamond Hill Community Center on December 14,
2017.
The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that
occurs at depths of approximately three to nine feet below the ground surface. The affected shallow
groundwater is underlain by a confining layer, the Fort Worth Limestone, approximately 200 to 300 feet in
thickness, that serves as a regional aquitard preventing the 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 tetrachloroethylene,
which is likely the result of historic contamination resulting from operations at Archived Superfund Site—
Stauffer Chemical Company (Stauffer, EPA ID—TXD008014417), which is north of the MSD location and
upgradient for groundwater.
Logname: 23MSD 2417 E LONG AVE Page 1 of 3
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 27th 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 2.
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 ctivityl Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivityl Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Logname: 23MSD 2417 E LONG AVE Page 2 of 3
Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody Whittenburg (5455)
Logname: 23MSD 2417 E LONG AVE Page 3 of 3