HomeMy WebLinkAboutOrdinance 19836-08-2011ORDINANCE NO. 19836 -08 -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 21; DESIGNATING CFW -MSD-
0021, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW -MSD -0021; 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, Chevron U.S.A., Inc. (Applicant) has filed an application for
support of a resolution seeking a Municipal Setting Designation (MSD) for the
site known as 2525 Brennan 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 August 9,
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 21 to read as follows:
Page 2 of 9
APPENDIX A — MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
21. CFW -MSD -0021
(a) CFW -MSD -0021 is defined as follows:
Being a 22.490 acre tract of land out of the E. Little Survey, abstract No.
954, and the S. K. Smith Survey, abstract No. 1417, same being the
remainder of that certain called 25.9 acre tract of land described in a deed
from Freehold Property Co. to Gulf Refining Co. and recorded in volume
392, page 413 of the deed records of Tarrant County, Texas, and being
more particularly described by metes and bounds description (Exhibit A)
and map of CFW - MSD — 0021 (Exhibit B).
(b) The designated groundwater beneath CFW -MSD -0021 is a shallow,
perched aquifer underlain by confining limestone -shale bedrock. Depth to
groundwater at the Site ranges from five to eighteen feet below ground
surface and extends down to the surface of the bedrock at a maximum of
28 feet below ground surface. 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 benzene, methyl tert-butyl ether, total petroleum
hydrocarbons (C6 -C28), 1- methylnaphthalene, arsenic, cis -1,2-
dichloroethene, 1, 1 -dichloroethene, trichloroethene and vinyl chloride.
(c) The use of the designated groundwater in CFW -MSD -0021 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 9
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
Adopted: 08/09/2011
Effective:
Page 5 of 9
Exhibit A
2525 Brennan Avenue
Metes and Bounds
22.49 Acre Tract
WHEREAS Chevron U.S.A. Incorporated (Successor to Gulf Oil Corporation) being the
owners of the following described 22.490 acre tract of land out of the E. Little Survey, abstract
No. 954, and the S. K. Smith Survey, abstract No. 1417, same being the remainder of that
certain called 25.9 acre tract of land described in a deed from Freehold Property Co. to Gulf
Refining Co. and recorded in volume 392, page 413 of the deed records of Tarrant County,
Texas, and being more particularly described by metes and bounds as follows to wit:
BEGINNING at an iron rod found in the North margin of Brennan Avenue for the Southeast
corner of lot 2, block 1 of the Gorbett Industrial Addition to the City of Fort Worth, recorded in
volume 388 -23, at page 98 of the plat records, said rod being the Southwest corner of the herein
described tract;
THENCE N23 059'0 00 "E along the East line of lots 1 and 2 and the West line of the herein
described tract a distance of 633.49 feet to a 2" iron pipe found in the South right of way line of a
railroad spur, for the Northwest corner of the herein described tract;
THENCE S71 °44'20 "E along the South right -of -way line of a railroad spur a distance of 1291.30
feet to an iron rod found for the point of curvature of a curve to the left having a radius of
1654.01 feet;
THENCE Easterly along said curve, through a central angle of 12'14'10", an arc distance of
353.23 feet to an iron rod found in the West margin of Cold Springs Road for the Northeast
corner of this tract;
THENCE S32 °35' 14 "W along the West margin of Cold Springs Road a distance of 192.88 feet
to an iron rod found for an angle point;
THENCE S 14 °30'31 "W continuing along the West margin of Cold Springs Road a distance of
383.22 feet to an iron rod found for the point of curvature of a curve to the right having a radius
of 92.57 feet;
THENCE Southwesterly along said curve, through a central angle of 93 °40'40 ", an arc distance
of 151.35 feet to an iron rod found in the North margin of Brennan Avenue;
THENCE N71 °48'27 "W along the North margin of Brennan Road a distance of 398.18 feet to
an iron rod found for the Southeast corner of a called 1.331 acre tract of land;
THENCE N18 °18'03 "E a distance of 227.94 feet to an iron rod found for the Northeast corner of
a called 1.331 acre tract of land;
THENCE N71 °34'38 "W a distance of 254.09 feet to an iron rod found for the Northwest corner
of a called 1.331 acre tract;
THENCE S18 °15'34 "W a distance of 228.62 feet to an iron rod found in the North margin
of Brennan A,,,enue for the Southwest corner of a called 1.331 acre tract;
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THENCE N71 °42'42 "W along the North margin of Brennan Avenue a distance of 938.00 feet
to the place of beginning and containing 22.490 acres of land, more or less;
DO HEREBY ADOPT SAME to be known as lot 4, block 1, of the Gorbett Industrial Addition
to the City of Fort Worth, Texas.
Page 7 of 9
Exhibit B
2525 Brennan Avenue
22.49 Acre Tract
Page 8 of 9
Page 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 81912011 Ordinance No. 19836 & Resolution No.: 4017
DATE: Tuesday, August 09, 2011 REFERENCE NO.: G -17351
LOG NAME: 20MUNICIPAL SETTING DESIGNATION/ CHEVRON
SUBJECT:
Adopt Resolution Supporting the Application of Chevron U.S.A., Inc., for a Municipal Setting Designation
for 2525 Brennan Avenue 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 Chevron U.S.A., Inc., for approval of a Municipal
Setting Designation for the property known as 2525 Brennan Avenue, a 22.490 acre tract of land out of
the E. Little Survey, Abstract No. 954, and the S.K. Smith Survey, Abstract No. 1417, same being the
remainder of that certain called 25.9 acre tract of land described in a deed from Freehold Property Co. to
Gulf Refining Co. and recorded in volume 392, page 413 of the deed records of 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 June 13, 2011, Chevron U.S.A., Inc. filed an application with the City seeking support of a Municipal
Setting Designation (MSD) for 2525 Brennan Avenue, Fort Worth, Texas. The MSD will prohibit the
shallow, perched groundwater at the site from being used for potable purposes. This shallow, perched
groundwater is underlain by limestone and clay formations that serve as a regional barrier that prevents
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 benzene;
total petroleum hydrocarbons; methyl naphthalene; arsenic; 1,1- dichloroethene; 1,2- dichloroethene -cis;
trichloroethylene; methyl tert-butyl ether; and vinyl chloride.
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 Diamond Hill Community Center on July
26, 2011. One City staff and two representatives of the Applicant were present. Six residents of Fort Worth
were in attendance. There were no comments from residents adverse to this application.
Logname: 20MUNICIPAL SETTING DESIGNATION/ CHEVRON Page I 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 2.
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/ CHEVRON Page 2 of 2