HomeMy WebLinkAboutContract 36027 Sep -05 07 05: 44a P.
CITY SECRETARY
�ONTR>ACT NO . iLu..-
CITY OF FORT WORTH
SITE ACCESS AND ENVIRONMENTAL
GROUNDWATER WELL INSPECTION AND PLUGGING AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This AGREEMENT is entered into by and between The Robinson Family Trust,
owner/legal agent of a groundwater well located at 1220 N. Main Street, Fort Worth, TX.,
being duly authorized to provide access to such groundwater well ("GRANTOR"), and
the City of Fort Worth, a home-rule municipality located within Tarrant County, Texas,
acting through Libby Watson, its duly authorized assistant city manager("GRANTEE").
WHEREAS, The City made an applicant to the Texas Commission on Environmental
Quality("TCEQ")for a Municipal Setting Designation (MSD) known as the Trinity Uptown
MSD (CFW-MSD-0007) to aid the District with environmental issues;
WHEREAS, as a part of TCEQ's approval process the City is required to inspect and
certify that groundwater wells located within the Trinity Uptown MSD are not allowing the
shallow groundwater to flow to deeper usable groundwater sources; and
WHEREAS, on September 11, 2007, the City Council gave its approval to conduct
inspection and plugging of groundwater wells located within the Trinity Uptown MSD.
NOW,THEREFORE, the parties hereto agree as follows:
1. The property that is the subject of this Agreement is located at 1220 N. Main Street,
Fort Worth, Texas; and has a legal description: North Fort Worth, Blk 50 Lot 9R.
2. The GRANTOR does hereby certify GRANTOR's authority to and does hereby grant
and convey upon GRANTEE, its officers, employees, and contractors, access to,
across, and upon the following described property of the GRANTOR, for the
purposes set out below.
A. The inspection of groundwater wells and surrounding property;
B. The plugging of the groundwater well upon determination by the City that
plugging is necessary; and
C. Other actions deemed necessary by GRANTEE related to the investigation
of the groundwater well conditions.
3. The GRANTOR retains, reserves, and shall continue to enjoy the use of the surface
of such property for any and all purposes which do not interfere with or prevent the
use of the property by GRANTEE for the purposes herein described.
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4. The GRANTOR covenants that it will not convey conflicting rights within the area
covered by this grant.
5. The access, rights, and privileges herein granted shall commence upon execution of
this agreement by both parties and shall remain in effect until the completion of the
inspection and plugging activities, but not later than ninety(90) days from the Date of
Commencement, by which time the inspection and plugging should be complete. If
additional time is needed to complete the inspection and plugging, the parties shall
attempt in good faith to negotiate an extension.
6. Any notice required by this agreement shall be sent as follows:
If to GRANTEE:
Michael Gange
Assistant Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
817-392-6569
Michael.Gange@fortworthgov.org
If to GRANTOR:
The Robinson Family Trust
24711 Crown Royale
Laguna Niguel, CA. 92677
7. Nothing in this agreement shall imply or expressly bestow on the GRANTEE any
ownership rights, responsibilities or liabilities which belong to the GRANTOR by all
applicable laws.
8. This instrument contains the entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed. Any oral representations
or modifications concerning this instrument shall be of no force and effect excepting
a subsequent modification in writing, signed by the party to be charged.
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Inspection and Plugging
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate
originals in Tarrant County, Texas.
GRANTEE GRANTOR
CITY OF F WORTH '
�_—
By: 'c`ti..
y Wats (print name) _
Assistant City Manager '`
Date: Date: G —
ATTEST: WITNESS:
Marty Hen x (print name)
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
UA A&�J i AA
Christa R.Vopez
Assistant City Attorney
- 1 EB ots
_.f;ntract. Nutliori zatiou
mate
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Site Access Agreement and
Inspection and Plugging
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Sep 05 07 05: 42a p, 1
FORTWORTH o
OCT 172007
October 1,2007 By
V The Robinson Family Trust
24711 Crown Royale
Laguna Niguel, CA 92677
SUBJECT: Request for property access to inspect or remove well located at
1220 N. Main Street, Fort Worth, TX.;North Fort Worth,Blk 50 Lot 9R.
State of Texas Well ID: 32-14-719
Dear Well Owner:
Our records indicate that you are the registercd uwner of i11e&f6u idwatei well(s) listed above
that is located within the Trinity Uptown Municipal Setting Designation(MSD) area. The City
as applicant to the Texas Commission on Environmental Quality(TCEQ) for the MSD, must
provide proof that that existing wells are not allowing the shallow groundwater to impact deeper
usable groundwater resources. The City requests access to your property to perform the
following:
✓ Inspect the well for integrity. Any well located within an MSD must not allow shallow
designated groundwater to threaten deeper usable groundwater resources.
✓ Remove the well if unused or abandoned. Again any well located within an MSD must
not allow the shallow groundwater to threaten deeper usable groundwater resources.
Proper removal of the well is the best way to protect the deeper groundwater resources.
Texas Administrative Code, Title 16, Chapter 76,Section 702 under¢ 76.702(3)states: "It is the
responsibility of the landowner or person having the well drilled, deepened, or otherwise altered
to plug or have plugged a well which is abandoned under standards set forth in §76.1004."
Attached is a Site Access Agreement that requires your signature to allow the inspection or
removal of the well located on your property. There will be no charges for these services.
Please sign and return this agreement to our office within ten (10) days from the date of
this letter.
Upon receipt of the signed Site Access Agreement, the City will execute the agreement and
return a fully executed copy to you. The City will then contact you to schedule the inspection or
removal of the above referenced well(s). Only State of Texas Registered Water Well Drillers will
be used for the inspection and/or removal of the well(s). Please do not hesitate to call me with
any questions, 817.392.6088.
MGan eire or—Environmental Management
Attachment: Site Access Agreement
ENVIRONMENTAL MANAGEMENT DEPARTMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTOh STREET * FORT WORTH, TExas 76102-6311
817-392-6088 ' FAx 817-392-6359* www.fortworthgov.org/dem
Printed on rerc
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2007 - Ord. No. 17766-09-2007
DATE: Tuesday, September 11, 2007
LOG NAME: 52TRNTYUPTWNWEL REFERENCE NO.: G-15866
SUBJECT:
Approval to Conduct Inspection and Plugging of Groundwater Wells Located within the Trinity
Uptown Municipal Setting Designation (CFW-MSD-0007) and the Transfer of Funds to Provide for
Such Services and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the inspection and plugging of groundwater wells located within the Trinity Uptown Municipal
Setting Designation (CFW-MSD-0007);
2. Approve the transfer of $50,000 in undesignated funds in the Environmental Management Operating
Fund (R103) to the Environmental Management Project Fund (R101); and
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Environmental Management Project Fund by $50,000.
DISCUSSION:
On July 18, 2006, (M&C C-21563) City Council approved an Interlocal Agreement with the Tarrant Regional
Water District for the City's provision of environmental services to the District for public purposes relating to
the Trinity Uptown Project. Under the terms of this agreement, the City will act as the applicant and the
receiver of a Municipal Setting Designation (MSD) for the entire project to aid the District with
remediation. The MSD application has been approved by the City of Fort Worth and has been filed with the
Texas Commission on Environmental Quality (TCEQ), where it is undergoing review.
As a part of TCEQ's approval process the City of Fort Worth will be required to inspect and certify that wells
located within the Trinity Uptown MSD are not allowing the shallow groundwater to flow to deeper usable
groundwater sources. At the end of the inspection process the groundwater wells existing within the Trinity
Uptown MSD will either be properly plugged and abandoned or have had a thorough inspection and
certification prepared. The City will enter into agreements with the private property owners whose property
has a groundwater well to allow for such inspection and if necessary plugging at no cost to the owner.
On October 3, 2006, (M&C G-15436), $27,000 was appropriated for this purpose. As of August 2, 2007,
$20,159 of this appropriation remains. An additional $50,000 is being requested for the purpose of either
properly inspecting, certifying and/or plugging the wells located within the Trinity Uptown Municipal Setting
Designation (MSD).
Logname: 52TRNTYUPTWNWEL Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current operating budget, as appropriated,
in the Environmental Management Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
R101 494100 052200615000 550,000.00 R103 538070 0521100 $5Q000.00
R101 539120 052200615000 550,000.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname: 52TRNTYUPTWNWEL Page 2 of 2