HomeMy WebLinkAboutOrdinance 19746-07-2011Ordinance No.19746 -07 -2011
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE ENVIRONMENTAL PROTECTION PROJECT FUND IN THE AMOUNT OF
$45,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF PAYING A PENALTY
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ASSOCIATED WITH
THE FORMER TECHNICOAT PROPERTY AT 301 NE 6T" STREET; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2010 -2011 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Environmental Protection Project Fund in the amount of $45,000.00, from available funds, for the purpose of
paying a penalty to the Texas Commission on Environmental Quality associated with the former Tecnhicoat
property at 301 NE 6th Street.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No-19355 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
ILL
Assistant dity Attorney
ADOPTED AND EFFECTIVE: July 12, 2011
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: approved on 7/1212011 - Ordinance No. 19745 & Ordinance No. 1974q ='
DATE: Tuesday, July 12, 2011
LOG NAME: 20TECHNICOAT
REFERENCE NO.: * *G -17313
SUBJECT:
Authorize Execution of Memorandum of Agreement Between the City and Tarrant Regional Water District
for the Payment of a Penalty to the Texas Commission on Environmental Quality in the Amount of
$45,000.00 to Finalize the Agreed Order Associated with 301 NE 6th Street and Adopt a Supplemental
Appropriation Ordinance Increasing Appropriations in the Environmental Protection Operating Fund by
$45,000.00 and Decreasing the Unaudited, Unreserved, Undesignated Environmental Protection
Operating Fund Balance by the Same Amount and Authorize the Transfer of Funds from the
Environmental Protection Operating Fund to the Environmental Protection Project Fund (COUNCIL
DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the Execution of Memorandum of Agreement between the City and Tarrant Regional Water
District for the Payment of a Penalty to the Texas Commission on Environmental Quality in the Amount of
$45,000.00 to Finalize the Agreed Order Associated with 301 NE 6th Street;
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the
Environmental Protection Operating Fund by $45,000.00 and decreasing the unaudited, unreserved,
undesignated fund balance by the same amount;
3. Authorize the transfer of $45,000.00 from the Environmental Protection Operating Fund (R103) to the
Environmental Protection Project Fund (R101);
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Environmental Protection Project Fund (R101) in the amount of $45,000.00; and
5. Authorize the City Manager to pay a penalty to the Texas Commission on Environmental Quality, in the
amount of $45,000.00 for settlement of an Agreed Order associated with the Former Technicoat property
located at 301 NE 6th Street.
DISCUSSION:
The former Technicoat property located at 301 NE 6th Street was purchased by the City on November 2,
2001 as authorized by City Council (M &C L -13134 on August 28, 2001). A requirement of this purchase
was that the City satisfy the terms set forth in the Agreed Order between Technicoat Operating, Inc.,
Felton Havins, Sr., and the Texas Natural Resource Conservation Commission.
Since 2001, the City has worked with the Texas Commission on Environmental Quality (TCEQ) regarding
the technical aspects of the Agreed Order. The property has been assessed for environmental impacts to
Logname: 20TECHNICOAT Page 1 of 2
both groundwater and soil. In late 2010, the TCEQ agreed that the technical aspects of the Agreed Order
had been satisfied. The only remaining action is to pay the penalty associated with the Agreed Order in
the amount of $45,000.00.
The land was sold to the BLG Northside Development, LP, on August 16, 2007 who subsequently sold the
land to the Tarrant Regional Water District (TRWD) on June 28, 2010. The City's contractual obligations to
Mr. Havins, Sr. regarding the Agreed Order have remained through the property transactions. However
once the penalty is paid to TCEQ, the TRWD will take over any future environmental actions at the
property. The Memorandum of Agreement shall stipulate that upon receipt of the $45,000.00 to TCEQ, the
City shall have no further obligation related to the property either to TRWD or to TCEQ.
The project is physically located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the supplemental appropriation ordinance, funds will be available in the current operating
Budget, as appropriated, of the Environmental Protection Project Fund.
FUND CENTERS:
TO Fund /Account/Centers
1)R103 538040 0201100
3) R101 476103 020211006000
3) R101 539120 020211006000
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: 20TECHNICOAT
FROM Fund /Account/Centers
$45.000.00 2) R103 538040 0201100 $45.000.00
$45.000.00 4) R101 539120 020211006000 $45.000.00
$45.000.00
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Michael Gange (6569)
Page 2 of 2