HomeMy WebLinkAboutOrdinance 19784-07-2011ORDINANCE NO. 19784 -07 -2011
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 20; DESIGNATING CFW -MSD-
0020, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW -MSD -0020; 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 City of Fort Worth, (Applicant) has filed an application for
support of a resolution seeking a Municipal Setting Designation (MSD) for the
site known as the Vickery Corridor as part of the Chisholm Trail Parkway Project,
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 July 19,
2011; 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 20 to read as follows:
Page 2 of 13
APPENDIX A — MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
20. CFW -MSD -0020
(a) CFW -MSD -0020 is defined as follows:
Being a 48.975 acre tract of land situated in the W. B. Conner Survey,
Abstract No. 288, the W. D. Conner Survey, Abstract No. 301, the G. G.
Davenport Survey, Abstract No. 401, the S. C. Inman Survey, Abstract No.
824 and the T. White Survey, Abstract No. 1636, City of Fort Worth,
Tarrant County, Texas, said 48.975 acre tract of land being more
particularly described by metes and bounds description (Exhibit A) and
map of CFW - MSD — 0020 (Exhibit B).
(b) The designated groundwater beneath CFW -MSD -0020 is shallow, perched
groundwater that is underlain by limestone and clay formations that extend
from approximately 11 to 19 feet below the ground surface (bgs) to depths
of 275 to 350 feet bgs. These formations serve as a regional aquitard that
prevent vertical migration of the chemicals of concern in the shallow
groundwater to the underlying aquifers. The chemicals of concern
identified in groundwater beneath the site exceeding applicable Tier 1
Texas Risk Reduction Program (TRRP) Residential Protection
Concentration Levels (PCLs) include trichloroethylene (TCE) and
tetrachloroethylene (PCE), benzene, and methyl tertiary -butyl ether
(MTBE).
(c) The use of the designated groundwater in CFW -MSD -0020 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.
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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, 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 and
Section 4 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas
and by Section 52.013, Texas Local Government Code.
Page 4 of 13
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:
SARAH FULLENWIDER, CITY ATTORNEY
By ARTHUR N. BASHOR
ASSISTANT CITY ATTORNEY
Page 5 of 13
Exhibit A
Vickery Corridor — Chisholm Trail Parkway Project
Metes and Bounds
48.975 Acre Tract
Being a 48.975 acre tract of land situated in the W. B. Conner Survey, Abstract No. 288, the W.
D. Conner Survey, Abstract No. 301, the G. G. Davenport Survey, Abstract No. 401, the S. C.
Inman Survey, Abstract No. 824 and the T. White Survey, Abstract No. 1636, City of Fort
Worth, Tarrant County, Texas, said 48.975 acre tract of land being more particularly described by
metes and bounds as follows:
BEGINNING at a 1 inch iron pipe found for the northeast corner of Lot B, Block 1 of the
Howco Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in
Volume 388 -1 10, Page 96 of the Plat Records of Tarrant County, Texas, said 1 inch iron rod
being in the south right -of -way line of West Vickery Boulevard;
THENCE South 00 degrees 14 minutes 15 seconds West, with the east line of said Lot B, a
distance of 152.03 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA"
found for corner;
THENCE South 67 degrees 33 minutes 17 seconds West, a distance of 86.46 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner in the south line of
said Lot B;
THENCE South 67 degrees 36 minutes 20 seconds West, a distance of 305.89 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner in the south line of
Lot A, Block 1 of said Howco Addition;
THENCE South 74 degrees 05 minutes 32 seconds West, a distance of 305.72 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE North 26 degrees 34 minutes 46 seconds West, a distance of 27.64 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for the southwest corner of said
Lot A;
THENCE North 00 degrees 26 minutes 15 seconds East, with the west line of said Lot A, a
distance of 34.20 feet to a 5/8 inch iron rod with cap stamped GORRONDONA"
found for corner;
THENCE South 77 degrees 47 minutes 50 seconds West, a distance of 50.01 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 83 degrees 21 minutes 23 seconds West, a distance of 57.77 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 69 degrees 30 minutes 19 seconds West, a distance of 145.85 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 64 degrees 39 minutes 42 seconds West, a distance of 97.52 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
Page 6 of 13
THENCE South 68 degrees 56 minutes 13 seconds West, a distance of 479.61 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner in the east line of Lot
1, Block 1 of the W. M. Cameron & Co. Inc. Plant Site No. 2, an addition to the City
of Fort Worth, Tarrant County, Texas as recorded in Volume 388 -101, Page 40 of
said Plat Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped
"GORRONDONA" being the beginning of a non - tangent curve to the right having a
radius of 449.90 feet, a central angle of 04 degrees 50 minutes 30 seconds and whose
chord bears South 12 degrees 51 minutes 53 seconds West, a chord distance of 38.01
feet:
THENCE with said non - tangent curve to the right and with the east line of said Lot 1, an arc
length of 38.02 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found
for the southwest corner of said Lot 1;
THENCE South 75 degrees 44 minutes 15 seconds West, with the south line of said Lot 1, a
distance of 339.14 feet to a concrete monument found for the southwest corner of said
Lot 1;
THENCE South 55 degrees 13 minutes 14 seconds West, a distance of 863.44 feet to a 112 inch
iron rod with cap stamped `Brittain & Crawford" found for the southeast corner of
Lot 2 -R, Block 2 -R of Factory Place Addition, an addition to the City of Fort Worth,
Tarrant County, Texas as recorded in Volume 388 -47, Page 460 of said Plat Records
of Tarrant County, Texas;
THENCE South 35 degrees 33 minutes 17 seconds West, with the south line of said Lot 2 -R, a
distance of 149.58 feet to a point for the most easterly southwest corner of Lot 1,
Block 2 -R of Factory Place Addition, an addition to the City of Fort Worth, Tarrant
County, Texas as recorded in Volume 388 -42, Page 42 of said Plat Records of Tarrant
County, Texas;
THENCE South 58 degrees 46 minutes 17 seconds West, with the south line of said Lot 1, a
distance of 380.75 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA"
found for the southwest corner of Lot 1 -R, Block 2 -R of Factory Place Addition, an
addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-
167, Page 59 of said Plat Records of Tarrant County, Texas;
THENCE North 34 degrees 37 minutes 43 seconds West, with the west line of said Lot 1 -R, a
distance of 88.40 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA"
found for the beginning of a non - tangent curve to the right having a radius of 9086.00
feet, a central angle of 00 degrees 59 minutes 44 seconds and whose chord bears
South 57 degrees 33 minutes 21 seconds West, a chord distance of 157.89 feet;
THENCE with said non - tangent curve to the right, an arc length of 157.89 feet to a 5/8 inch iron
rod with cap stamped "GORRONDONA" found for corner;
THENCE South 58 degrees 03 minutes 14 seconds West, a distance of 850.41 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for the beginning of a curve to
the left having a radius of 7457.84 feet, a central angle of 05 degrees 02 minutes 48
seconds and whose chord bears South 55 degrees 31 minutes 49 seconds West, a
chord distance of 656.70 feet;
Page 7 of 13
THENCE with said curve to the left, an arc length of 656.91 feet to a 5/8 inch iron rod with cap
stamped "GORRONDONA" found for corner;
THENCE South 60 degrees 52 minutes 20 seconds West, a distance of 8.18 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 58 degrees 59 minutes 02 seconds West, a distance of 50.00 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 58 degrees 37 minutes 54 seconds West, a distance of 150.00 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 54 degrees 21 minutes 35 seconds West, a distance of 49.38 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 50 degrees 26 minutes 28 seconds West, a distance of 185.09 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 49 degrees 24 minutes 45 seconds West, a distance of 147.98 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 48 degrees 40 minutes 20 seconds West, a distance of 150.92 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE South 47 degrees 48 minutes 28 seconds West, a distance of 670.52 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for the beginning of a curve to
the left having a radius of 1349.39 feet, a central angle of 09 degrees 36 minutes 06
seconds and whose chord bears South 43 degrees 00 minutes 25 seconds West, a
chord distance of 225.87 feet;
THENCE with said curve to the left, an arc length of 226.13 feet to a 5/8 inch iron rod with cap
stamped "GORRONDONA" found for corner;
THENCE South 34 degrees 32 minutes 54 seconds West, a distance of 9.82 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for the beginning of a non -
tangent curve to the right having a radius of 1884.86 feet, a central angle of 01
degrees 01 minutes 32 seconds and whose chord bears South 53 degrees 54 minutes
56 seconds West, a chord distance of 33.73;
THENCE with said non - tangent curve to the right, an arc length of 33.73 feet to a 5/8 inch iron
rod with cap stamped "GORRONDONA" found for corner;
THENCE North 54 degrees 49 minutes 20 seconds West, a distance of 148.46 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner in the south right -of-
way line of said West Vickery Boulevard;
THENCE North 32 degrees 24 minutes 30 seconds East, with the south right -of -way line of said
West Vickery Boulevard, a distance of 399.93 feet to a 5/8 inch iron rod with cap
stamped "GORRONDONA" found for the beginning of a curve to the right having a
radius of 1002.74 feet, a central angle of 22 degrees 52 minutes 16 seconds and whose
chord bears North 39 degrees 18 minutes 47 seconds East, a chord distance of 397.62
feet,
Page 8 of 13
THENCE with said curve to the right, and with the south right -of -way line of said West Vickery
Boulevard, an arc length of 400.27 feet to a 5/8 inch iron rod with cap stamped
"GORRONDONA" found for corner in north line of Block 1 of Factory Place
Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in
Volume 204A, Page 101 of said Plat Records of Tarrant County, Texas;
THENCE North 51 degrees 29 minutes 19 seconds East, with the north line of said Block 1 and
with the south right -of -way line of said West Vickery Boulevard, a distance of
1 910.01 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the
northeast corner of Block 3 of Factory Place Addition, an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in Volume 388 -80, Page 32 of said Plat
Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped
"GORRONDONA" being the intersection of the south right -of -way line of said West
Vickery Boulevard with the west right -of -way line of Hooper Street;
THENCE North 52 degrees 27 minutes 40 seconds East, a distance of 39.78 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for the northwest corner of
Block 4 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant
County, Texas as recorded in Volume 204A, Page 101 of said Plat Records of Tarrant
County, Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the
intersection of the south right -of -way line of said West Vickery Boulevard with the
east right -of -way line of said Hooper Street;
THENCE North 51 degrees 25 minutes 48 seconds East, with the north line of said Block 4 and
with the south right -of -way line of said West Vickery Boulevard, a distance of 846.55
feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the
beginning of a curve to the right having a radius of 2011.31 feet, a central angle of 01
degrees 31 minutes 23 seconds and whose chord bears North 50 degrees 02 minutes
12 seconds East, a chord distance of 53.47 feet;
THENCE with said curve to the right, with the north line of said Block 4 and with the south
right -of -way line of said West Vickery Boulevard, an arc length of 53.47 feet to a 5/8
inch iron rod with cap stamped "GORRONDONA" found for corner;
THENCE North 51 degrees 25 minutes 48 seconds East, with the north line of said Block 4 and
with the south right -of -way line of said West Vickery Boulevard, a distance of 100.00
feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the
northeast corner of said Block 4, said 5/8 inch iron rod with cap stamped
"GORRONDONA" being the intersection of the south right -of -way line of said West
Vickery Boulevard with the west right -of -way line of Concrete Street;
THENCE South 38 degrees 34 minutes 12 seconds East, with the east line of said Block 4 and
with the west right -of -way line of said Concrete Street, a distance of 252.44 feet to a
5/8 inch iron rod with cap stamped "GORRONDONA" found for corner;
THENCE North 56 degrees 49 minutes 32 seconds East, a distance of 90.31 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE North 61 degrees 04 minutes 38 seconds East, a distance of 732.45 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
Page 9 of 13
THENCE North 57 degrees 27 minutes 11 seconds East, a distance of 295.84 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner in the west line of Lot
1, Block 1 of said W. M. Cameron & Co., Inc. Plant Site No. 2;
THENCE North 00 degrees 48 minutes 45 seconds West, with the west line of said Lot 1, a
distance of 316.93 feet to a 5/8 inch iron rod found for the northwest corner of said
Lot 1, said 5/8 inch iron rod being in the south right -of -way line of Rutledge Street;
THENCE North 88 degrees 20 minutes 15 seconds East, with the north line of said Lot 1 and
with the south right -of -way line of said Rutledge Street, a distance of 411.10 feet to a
3/4 inch iron rod found for the northeast corner of said Lot 1;
THENCE North 89 degrees 39 minutes 30 seconds East, with the south right -of -way line of said
Rutledge Street, a distance of 212.27 feet to a 5/8 inch iron rod with cap stamped
"GORRONDONA" found for corner;
THENCE North 66 degrees 17 minutes 00 seconds East, a distance of 151.57 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner in the south line of
Lot 1 of the G. W. Jackson Heirs Subdivision, an addition to the City of Fort Worth,
Tarrant County, Texas as recorded in Volume 388, Page 36 of said Plat Records of
Tarrant County, Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA"
being in the north right -of -way line of said Rutledge Street;
THENCE North 29 degrees 13 minutes 34 seconds East, a distance of 17.59 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for the beginning of a non -
tangent curve to the right having a radius of 862.51 feet, a central angle of 09 degrees
04 minutes 43 seconds and whose chord bears North 07 degrees 20 minutes 56
seconds West, a chord distance of 136.52 feet;
THENCE with said non - tangent curve to the right, an arc length of 136.67 feet to a 5/8 inch iron
rod with cap stamped "GORRONDONA" found for corner in the north line of said
Lot 1 and in the south right -of -way line of said West Vickery Boulevard;
THENCE South 89 degrees 30 minutes 03 seconds East, with the north line of said Lot 1 and
with the south right -of -way line of said West Vickery Boulevard, a distance of 72.02
feet to a point for the northeast corner of said Lot 1;
THENCE South 00 degrees 33 minutes 42 seconds East, with the west line of said Lot 1 and
with the south right -of -way line of said West Vickery Boulevard, a distance of 5.50
feet to a point for the northwest corner of Lot 7, Block 2 of Brooklyn Heights, an
addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 944,
Page 445 of said Plat Records of Tarrant County, Texas;
THENCE North 89 degrees 26 minutes 18 seconds East, with the north line of said Lot 7 and
with the south right -of -way line of said West Vickery Boulevard, a distance of 16.40
feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the
beginning of a non - tangent curve to the left having a radius of 774.51 feet, a central
angle of 07 degrees 04 minutes 20 seconds and whose chord bears South 07 degrees
06 minutes 26 seconds East, a chord distance of 95.54 feet;
Page 10 of 13
THENCE with said non - tangent curve to the left, an arc length of 95.60 feet to a 5/8 inch iron
rod with cap stamped "GORRONDONA" found for corner;
THENCE South 59 degrees 00 minutes 48 seconds East, a distance of 25.61 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner;
THENCE North 73 degrees 58 minutes 52 seconds East, a distance of 342.97 feet to a 5/8 inch
iron rod with cap stamped "GORRONDONA" found for corner in the west line of Lot
A, Block 1 of said Howco Addition, said 5/8 inch iron rod with cap stamped
"GORRONDONA" being in the east right -of -way line of Kimzey Street;
THENCE North 00 degrees 14 minutes 15 seconds East, with the west line of said Lot A and
with the east right -of -way line of said Kimzey Street, a distance of 14.48 feet to an
"X" cut in concrete found for the northwest corner of said Lot A, said "X" cut in
concrete being the intersection of the south right -of -way line of said West Vickery
Boulevard with the east right -of -way line of said Kimzey Street;
THENCE South 89 degrees 45 minutes 45 seconds East, with the north line of said Lot A and
with the south right -of -way line of said West Vickery Boulevard, a distance of 647.69
feet to the POINT OF BEGINNING, and containing 2,133,350 square feet or 48.975
acres of land, more or less.
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Exhibit B
Vickery Corridor — Chisholm Trail Parkway Project
48.975 Acre Tract
Page 12 of 13
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/19/2011 - Ordinance No. 19784 and Resolution No. 4003'
DATE: Tuesday, July 19, 2011 REFERENCE NO.: G -17329
LOG NAME: 20MUNICIPAL SETTING DESIGNATION / VICKERY CORRIDOR
SUBJECT:
Adopt a Resolution Supporting the Application of the City of Fort Worth for a Municipal Setting Designation
for the Vickery Corridor as Part of the Chisholm Trail Parkway Project 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 City of Fort Worth for approval of a Municipal
Setting Designation for the property known as the Vickery Corridor as part of the Chisholm Trail Parkway
Project, a 48.975 acre tract situated in the W. B. Conner Survey, Abstract No. 288, the W. D. Conner
Survey, Abstract No. 301, the G. G. Davenport Survey, Abstract No. 401, the S.C. Inman Survey, Abstract
No. 824 and the T. White Survey, Abstract No. 1636, 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 May 23, 2011, the City of Fort Worth Transportation and Public Works, Environmental Services
Division filed an application with the City seeking support of a Municipal Setting Designation (MSD) for the
Vickery Corridor as part of the Chisholm Trail Parkway Project located in Fort Worth, Texas. The MSD will
prohibit the shallow, perched groundwater at the site from being used for potable purposes. The site is
underlain by limestone and clay formations that extend from approximately 11 to 19 feet below the ground
surface (bgs) to depths of 275 to 350 feet bgs. These formations serve as a regional barrier that prevent
vertical migration of the chemicals of concern in the shallow groundwater to the underlying aquifers. The
chemicals of concern identified in the groundwater beneath the site exceeding applicable Tier 1 Texas
Risk Reduction Program (TRRP) Residential Protection Concentration Levels (PCLs) include
trichloroethylene (TCE) and tetra chloroethylene (PCE), benzene, and methyl tertiary-butyl ether (MTBE).
Staff from Planning and Development, Transportation and Public Works, and Water Departments
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 Thomas Place Community
Center on July 6, 2011. Three representatives of the Applicant were present. Six residents of Fort Worth
and surrounding cities were in attendance. There were no comments from residents adverse to this
application.
Logname: 20MUNICIPAL SETTING DESIGNATION/ VICKERY CORRIDOR Page 1 of 2
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. If granted, an MSD allows the designated
groundwater at the site to be cleaned to inhalation and contact standards only and removes the
requirement to meet the drinking water standard. 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).
The Fort Worth Water Department provides water service to all existing residential and commercial/
industrial properties within the City limits of the City of Fort Worth, within a half mile of the MSD boundary.
All undeveloped properties (within the City Limits of the City of Fort Worth) within 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. There are no other cities within a half
mile of the MSD boundary.
The site is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
Douglas Wiersig (7801)
Michael Gange (6569)
Logname: 20MUNICIPAL SETTING DESIGNATION/ VICKERY CORRIDOR Page 2 of 2