HomeMy WebLinkAboutOrdinance 17538-05-2007ORDINANCE NO. 17538-OS-2007
AN ORDINANCE AMENDING THE CODE OF TITS CITY
OF FORT WORTH (1986), AS AlVlENDED, BY THE
AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," ARTICLE IV
"GROUNDWATER ANL~ SURFACE WATER QUALITY,"
8Y AN~NDING APPENDIX "A" "1VI[7NICIPAI., SETTING
DESIGNATION SITES IN FORT WORTH," BY THE
ADDITION OF SECTION S; DESIGNATING CFW-MSD-
0008, PROVIDING FOR THE PROITISITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0008 PROVIDING THAT THIS
ORDINANCE IS CUlVI1JLATIVE; PROVIDING A
SEVERAI3ILITY 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; ANI) PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Bunge Oils, Inc. (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for the site known as 400 East
Exchange Avenue, Fort Worth, Texas, the boundary of which is composed of
three connected tracts of land. The metes and bounds description of all three
parcels being attached hereto as Exhibit "A" (Site) and the geographic relationship
of all three parcels is being attached hereto as Exhibit "B"; 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
W.~REAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater contamination investigation
and response actions at the Site; and
Page 1 of 11
WIEIEREAS, 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
WI~EREAS, 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:
SECTI®N 1.
That Part II "Code," 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 8 to read as follows:
APPENIDIX A - M~TNICIPAL, SETTING DESIGNATI®N SITES IN F®RT W®RTH
2. CFW-1VISD-0008
Page 2 of 11
(a) CFW-MSD-0008 is defined as follows:
Being an approximately 18 acre tract of land, composed of three connected tracts
of land. The main portion of the property consists of 17.558 acres of land that is
described as Lot 1, Bloclc 1, of the Bunge Edible Oil Addition, Fort Worth,
Tarrant County, Texas, according to the Plat thereof recorded in volume 388-218
pages 8 and 9 of the Plat Records of Tarrant County, Texas. The other two
parcels consist of 0.386 bad 0.120 acres of land. The metes and bounds
descriptions of all three parcels of land (Exhibit A) and map of CFW -MSD -
0008 (Exhibit B) follow;
(b) The designated groundwater beneath CFW-MSD-0008 is shallow, perched
groundwater. The site is underlain by alluvial deposits. Beneath the alluvial
deposits is limestone of the Washita Group. The limestone occurs at
approximately 25 feet below the ground surface of the Bunge property. The
limestone acts as an aquitard, which prevents the vertical migration of water and
contaminants to the underlying potable aquifers. The shallow groundwater that
sits on top of the limestone occurs at approximately 15 feet below ground surface.
The identified chemicals of concern in the designated shallow groundwater are:
petroleum hydrocarbons and arsenic. The impacted groundwater is not a drinking
water source.
The following contaminants associated with historical uses of the Site
have been detected within the designated groundwater at concentrations
exceeding residential assessment levels for potable use:
® Total Petroleum Hydrocarbons (TPH)
® Arsenic
(c) The use of the designated groundwater in CFW-MSD-0008 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.
SECTI®N 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
Page 3 of 11
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 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.
Page 4 of 11
SECTI®N 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.
SECTI®N 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:
~•
CHRISTA R. LOPEZ
ASSISTANT CITY ATTO~Y
ADOPTED ON: M C(.U $ , 2 ~~~
Page 5 of 11
Exhibit ~-
Runge Oil tVIS®
IVletes and Bounds
0.386 Acre Tract
Part of the E. LITTLE SURVEY, Abstract No. 954 situated about 2 miles north 10
degrees west from the courthouse in Fort Worth the county seat for Tarrant County,
Texas embracing a portion of Tract No. 9 described in the deed to Bunge Edible Oil
Corporation recorded in volume 9336, page 1971 of the Deed Records of Tarrant
County, Texas and described by metes and bounds as follows:
Beginning at a 3/4" iron recovered for the most northerly northwest corner of Lot 1
Block 1 BUNGS EDIBLE OIL ADDITION, an addition to the City of Fort Worth, Tarrant
County, Texas according to the plat thereof recorded in volume 388-218, pages 8 and 9
of the Plat Records of Tarrant County, Texas in the east line of said Tract No. 9 and the
southwest corner of the 0-684/1000 of an acre tract described in the deed to Exhibits
Building Partnership, L.P. recorded in volume 12542, page 1527 of the said Deed
Records.
Thence south 34 degrees-49 minutes-41 seconds west, along the northwest line of said
Lot 1, 89-72 /100 feet to a 3/4" iron recovered in the west line of said
Tract No. 9 and a southeast corner of the 3-389/1000 acres tract described in said deed
to Exhibits Partnership, L.P.
Thence north 00 degrees-00 minutes-29 seconds west, along the west line of said Tract
No. 9 and the east line of said 3-389/1000 acres tract, 363-36 /100 feet to a galvanized
iron in concrete recovered for the northwest corner of said Tract No. 9.
Thence south 89 degrees-57 minutes-07 seconds east, along the north line of said
Tract No. 9, 52-03 /100 feet to a galvanized iron in concrete recovered for the northeast
corner of said Tract No. 9 and the northwest corner of said
0-684/1000 of an acre tract.
Thence south 00 degrees-08 minutes-45 seconds west, along the east line of said Tract
No. 9 and the west line of said 0-684/1000 of an acre tract, 289-67 /100 feet to the
place of beginning and containing 0-386/1000 of an acre.
The basis for bearings is the north line of said Lot 1 Block 1 BUNGS EDIBLE OIL
ADDITION, per plat call.
0.120 Acre Tract
Page 6 of 11
Part of the E. LITTLE SURVEY, Abstract No. 954 situated about 2 miles north 10
degrees west from the courthouse in Fort Worth the county seat for Tarrant County,
Texas embracing a portion of Tract No. 3 described in the deed to Bunge Edible Oil
Corporation recorded in volume 9336, page 1971 of the Deed Records of Tarrant
County, Texas and described by metes and bounds as follows:
Beginning at a 3/4" iron recovered for the southeast corner of the 0-684/1000 of an acre
tract described in the deed to Exhibits Building Partnership, L.P. recorded in volume
12542, page 1527 of the said Deed Records in the north line of Lot 1 Block 1 BUNGS
EDIBLE OIL ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas
according to the plat thereof recorded in volume 388-218, pages 8 and 9 of the Plat
Records of Tarrant County, Texas in the west line of said Tract No. 3.
Thence north 11 degrees-10 minutes-43 seconds west, along the west line of said Tract
No. 3 and the east line of said 0-684/1000 of an acre tract, 256-65 /100 feet to a ~/2'
capped iron found.
Thence north 22 degrees-06 minutes-43 seconds west, continuing along the west line
of said Tract No. 3 and the east line of said 0-684/1000 of an acre tract, 40-38 /100 feet
to a galvanized iron in concrete recovered for the northwest corner of said Tract No. 3
and the northeast corner of said 0-684/1000 of an acre tract.
Thence south 89 degrees-20 minutes-21 seconds east, along the north line of said
Tract No. 3 17-95 /100 feet to a galvanized iron in concrete recovered for the northeast
corner of said Tract No. 3 and the northwest corner of the
0-417/1000 of an acre tract described in said deed to Exhibits Building Partnership, L.P.
Thence south 22 degrees-30 minutes-25 seconds east, along the east line of said Tract
No. 3 and the west line of said 0-417/1000 of an acre tract, 40-45 /100 feet to a 5/8"
capped iron set.
Thence south 11 degrees-09 minutes-25 seconds east, continuing along the east line of
said Tract No. 3 and the west line of said 0-417/1000 of an acre tract, 256-46 /100 feet
to a 314" iron recovered for the southwest corner of said 0-417/1000 of an acre tract in
the north line of said Lot 1.
Thence west, along the north line of said Lot 1, 18-10 /100 feet to the place of
beginning and containing 0-120/1000 of an acre.
The basis for bearings is the north line of said Lot 1 Block 1 BUNGS EDIBLE OIL
ADDITION, per plat call.
17.558 Acre Traci
Page 7 of 11
Lot 1, Block 1 of Bunge Edible Oil Edition in the City of Fort Worth in Tarrant County,
Texas according to the Plat thereof recorded in volume 388-218 pages 8 and 9 of the
Plat Records of Tarrant County, Texas
Parts of the I. Thomas Survey, Abstract No. 1526 and the E. little Survey, Abstract No.
954 in the City of Fort Worth in Tarrant County, Texas; embracing Parcels No. 1, 2, and
3 described in the deed to Bunge Edible Oil Corporation recorded in volume 6971, page
148 of the Tarrant County deed Records, all of Parcel No. One, Tract No. 1, Tract No.3,
Tract No.4, Tract No. 5, Parcel No. Two, Parcel No. Three and a portion of Parcel No.
Four described in the deed to Bunge Edible Oil Corporation recorded in volume 6881,
page 718 of the said Deed Records; portions of Tracts No.2, 3 and 9, all of Tracts No.
1, 4, 5, 6, 7 and 8 described in the deed to Bunge Edible Oil Corporation recorded in
volume 9336, page 1971 of the said Deed Records.
Beginning at a 7/8" iron for the southwest corner of Lot 1 in Block 1 of MIDCO
Properties, Inc. Addition as said Lot appears upon the map recorded in volume 388-96,
page 8 of the said Deed Records, for the southeast corner of Tract No. 4 recorded in
volume 9336, page 1971 in the north line of Twenty-Third Street.
Thence west, along the south line of said Tract No. 4 and the said north line of Twenty-
Third Street, 17 feet to the southwest corner of said Tract No.4.
Thence northerly along the west line of said Tract No.4:
north no degrees-08 minutes east 203-2/10 feet;
north 1 degree-37 minutes east 100 feet;
north no degrees-12 minutes-45 seconds east 99-82/100 feet;
north no degrees-21 minutes east 425 feet to a mark "Y" on brick;
north 1 degree-no minutes west 17-86/100 feet to a mark "Y" on brick for the southeast
corner of said Parcel no. Three recorded in volume 6881, page 718
Thence westerly and northerly along the south and west lines of said Parcel No. Three:
west 121-56/100 feet to a mark "Y";
north 89-9/10 feet to a 3/4" iron;
west 86-5/10 feet to a mark "Y"
north 2 degrees-28 minutes east 64-27/100 feet to a 6" pipe post from which a
galvanized spike bears north 1 foot for the northwest corner of said Parcel No. Three in
the south line of said Tract No. 8.
Thence west, along the said south line of Tract No.8, to and along the south line of said
Parcel No. Four recorded in volume 6881, page 718, a distance of 274-17/100 feet.
Thence northwesterly along the said west line of Parcel No. Four along a curve to the
left having a radius of 736 feet an arc length of 9-7/10 feet, the long chord of said 9-
7/10feec arc is north 23 degrees-52 minutes-29 seconds west 9-70/100 feet
Page 8 of 11
Thence north 24 degrees-15 minutes-52 seconds west, a distance of 45-11/100 feet to
the south line of said Parcel no. One, Tract No.1 recorded in volume 6881, page 718
and the north line of said Parcel No. Four.
Thence west, along the said south line of Parcel No. One, Tract No.1, a distance of 57-
24/100 feet to a mark. "Y" on concrete curb for the southwest corner of said Parcel No.
1, Tract No. 1.
Thence north, along the west line of said Parcel No. 1, Tract No. 1. a distance of 444-
9/10feet to a 1" iron.
Thence west, to and along the south line of said Parcel No. 1 recorded in volume 6971,
page 148, a distance of 24-1/10 feet to a 3/a" iron for its southwest corner.
Thence north, along the west line of said Parcel No.1, a distance of 372-9/10 feet to a
3/" iron for its northwest corner.
Thence easterly along the north line of said Parcel No. 1:
east 66-8/10 feet to a 3/4" iron;
north 44 degrees-59 minutes east 113-11!100 feet to a 3/" iron for its northeast corner
in the west line of said Tract No.9 recorded in volume 9336, page 1971.
Thence north 34 dgrees-49 minutes east 89-71/100 feet to a 3/4" iron for the northwest
corner of said Parcel No.2 recorded in volume 6971, page 148.
Thence east, along the north line of said Parcel No. 2, to and along the north line of
Parcel No. 3 recorded in volume 6971, page 148, a distance of 247-04/100 feet to a 3/"
iron for the northeast corner of said Parcel 3.
Thence south 16 degrees-33 minutes east, along the east line of said Parcel 3, a
distance of 36-14/100 feet to a galvanized iron in concrete for its southeast corner and
northeast corner of said Parcel No. One. Tract No. 3.
Thence south 76 degrees-51 minutes-14 seconds east, 55-51!100 feet to the north
corner of Tract No.1 recorded in volume 9336, page 1971.
Thence south 30 degrees-22 minutes east, along the northeast line of said Tract No. 1,
a distance of 691-1/10 feet to a 5/8" iron.
Thence south, along the east line of said Tract No.1, to and along the east line of said
Tract No. 8 recorded in volume 9336, page 1971, a distance of 377-9/10 feet to a 5/8"
iron for the southeast corner of said Tract No.8.
Page 9 of 11
Thence westerly along the south line of said Tract No. 8 and along the lines of said
Tract No. 7:
west 148-54/100 feet to a plug in brick for the northeast corner of said Tract No.7;
south no degrees-10 minutes west 188-3/10 feet to a 3/" iron for the southeast corner of
said Tract No.7 for the southwest corner of Tract No. 7;
west 14-2/10 feet to a 3/a" iron;
north no degrees-10 minutes east 188-3/10 feet to a galvanized iron in concrete for the
northwest corner of said Tract No.7;
west 125-4/10 feet to a copper plug in concrete for the northeast corner of said Tract
No. 4 recorded in volume 9336, page 1971 and northwest corner of said Lot 1 in Block
1.
Thence southerly along the east line of said Tract No.4 and the west line of said Lot 1:
south 21 degrees-49 minutes east 37-5/10 feet to a copper plug in concrete;
south 19 degrees-35 minutes east 25 feet to a copper plug in concrete;
south 15 degrees-41 minutes east 25 feet to a copper plug in concrete;
south 10 degrees-36 minutes east 25 feet to a copper plug in concrete;
south 6 degrees-46 minutes east 25 feet to a copper plug in concrete;
south 2 degrees-no minutes east 50 feet to a copper plug in concrete;
south no degrees-21 minutes west 140 feet to a copper plug in concrete;
south 1 degree-42 minutes west 50 feet to a copper plug in concrete;
south no degrees-21 minutes west 325 feet to a plug P.K. nail set in concrete;
west 7 feet to a 5/8" iron;
south 1 degree-37 minutes west 100 feet;
south no degrees-08 minutes west 203-2/10 feet to the place of beginning.
Page 10 of 11
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Location of Surveyed Tracts
Gunge Oils, Inc. MSD
Fort Worth,Tarrant County, Texas
C&B Project No. 0'14778.003
Source: AirPhoto USA (2006)
Exhibit
Page 11 of 11
Cefy of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/8/2007 -Resolution No. 3485-05-2007 & Ordinance No.
17538-05-2007
DATE: Tuesday, May 08, 2007
LOG NAME: 52MSDBUNGE REFERENCE NO.: G-15716
SUBJECT:
Adopt a Resolution Supporting the Application of Bunge Oils, Inc., fora Municipal .Setting
Designation for the Properly Located at 400 East Exchange Avenue, Fort Worth, Texas, to the
Texas Commission on Environmental Quality, and Adopt an Ordinance Prohibiting the Potable Use
of Designated Groundwater from Beneath the Site
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of Bunge Oils, Inc., (Applicant) for approval of a Municipal
Setting Designation (MSD) for the area located at 400 East Exchange Avenue, Fort Worth (Site), to allow
the public the opportunity to give testimony. This is an approximately 18 acre tract, in Fort Worth, Tarrant
County, Texas, to be known as the Bunge Oils, Inc., MSD;
2. Adopt the attached resolution supporting the Applicant's application to the Texas Commission on
Environmental Quality (TCEQ) for an MSD for the site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION:
In 2003, a state law became effective creating the concept of a Municipal Setting Designation (MSD). 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. An individual or entity must apply to the Texas
Commission on Environmental Quality (TCEQ) for certification of the property as an MSD. If granted, the
designated groundwater on the site will not be required to be cleaned up 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 (potable water is water used for irrigating crops intended
for human consumption, drinking, showering, bathing or cooking purposes).
In January 2005, City Council adopted an ordinance creating a procedure for persons applying to the TCEQ
for an MSD, to obtain 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, conducting a
public meeting held for the purpose of providing information on the application to the affected community,
and a public hearing. To date, the City Council has approved seven MSD applications.
Logname: 52MSDBUNGE Page 1 of 2
On March 14, 2007, Bunge Oils, Inc., filed an application with the City of Fort Worth for support of an
application to the TCEQ for a Municipal Setting Designation (MSD) for the property located at 400 East
Exchange Avenue, Fort Worth, Texas.
Staff from the departments of Development, Engineering, Environmental Management, Transportation and
Public Works, and Water 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 the
Central Library, on April 17, 2007. Five representatives of the Applicant and three city staff were present.
No citizens were in attendance. No comments adverse to the establishment of this MSD have been
received by City staff.
The site is underlain by alluvial deposits. Beneath the alluvial deposits is limestone of the Washita
Group. The limestone occurs at approximately 25 feet below the ground surface of the Bunge
property. The limestone acts as an aquitard, which prevents the vertical migration of water and
contaminants to the underlying potable aquifers. The shallow groundwater that sits on top of the limestone
occurs at approximately 15 feet below ground surface. The identified chemicals of concern in the
designated shallow groundwater are: petroleum hydrocarbons and arsenic. The impacted groundwater is
not a drinking water source. The source of the groundwater contamination is release of diesel fuel from a
petroleum storage tank, a "Dowtherm" (a heat transfer fluid) spill, and the naturally occurring arsenic in the
area.
The Fort Worth Water Department provides water service to all existing residential and
commerciallindustrial properties located within a '/z mile of the MSD boundary. All undeveloped properties
with ~/2 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) #12311 (City of
Fort Worth) and the City of Fort Worth Policy for the Installation of Community Services.
The site is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Brian Koerner (6647)
Michael Gange (6569)
Logname: 52MSDBLTNGE Page 2 of 2