HomeMy WebLinkAboutOrdinance 17539-05-2007ORDINANCE NO. 17539-OS-2007
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AN~NDED, BY THE
AMENDMENT OF CHAPTER 12.5, "ENVIltONIVIENTAL
PR®TECTI®N ANI) COMPLIANCE," ARTICLE IV
"GROUNDWATER .AND SURFACE WATER QUALITY,"
BY AMENDING APPENDIX "A" "MUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH," BY THE
ADDITION OF SECTION 9; DESIGNATING CFW-MSD-
0009, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0009 PROVIDING THAT TffiS
ORDINANCE IS CUMULATIVE; PROVING 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 1N THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVING AN
EFFECTIVE DATE.
`YI3EREAS, Dralce Realty Group, L.P., (Applicant) has filed an application for
support of a resolution seeking a Municipal Setting Designation for the site known
as 500 N. Main Street, Fort Worth, Texas, the metes and bounds description being
attached hereto as Exhibit "A" (Site); 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
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater contamination investigation
and response actions at the Site; and
~YIE~REAS, 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
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Commission on Environmental Quality for a Municipal Setting Designation for
the Site; and
WIIEREAS, in order for the TCEQ to certify the Site the city must prohibit the
potable use of groundwater from beneath the Site; and
WIiEREAS, 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
~%VIIEI2EAS, 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.
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 9 to read as follows:
APPENDIX A -1VIUNICIPAL SETTING DESIGNATION SITES IN FORT WOIt'TgI
2. CFW-MSD-0009
(a) CFW-MSD-0009 is defined as follows:
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Being an approximately 1.492 acre tract of land, more fully described as
Lots 1 thru 13 and Lots 36 thru 48, Block 10, North Fort Worth, an
Addition to the City of Fort Worth, Tarrant County, Texas according to the
plat recorded in Volume 63, page 149, Plat Records, Tarrant County,
Texas (also know as The Union Land Company's Industrial Addition) and
including an alley vacated by City Ordinance No. 675 as recorded in
Volume 2018, Page 320, Deed Records, Tarrant County, Texas, the metes
and bonds description being attached hereto as Exhibit "A" (Site).
(b) The designated groundwater beneath CFW-MSD-0009 is shallow, perched
groundwater, with average depth to groundwater ranges from 11 -13 feet below
ground surface (bgs). The property is underlain by silty clay transitioning to clay.
Limestone occurs at approximately 25 feet below the ground surface (bgs) and
acts as an aquitard, which prevents the vertical migration of water and
contaminants to the underlying potable aquifers. 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:
® Benzene-Toulene-Ethylbenzene-Xylene (BTEX)
® Methyl Tertiary Butyl Ether (MTBE)
® Naphthalene
® Total Petroleum Hydrocarbons (TPH)
® Volatile Organic Compounds (VOCs)
(c) The use of the designated groundwater in CFW-MSD-0009 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.
SEC'I'I®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
conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
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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.
A11 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.
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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 ofFcial 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.
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:
C~ ~- ~.
CHRISTA . LOPEZ
ASSISTANT CITY ATTORNEY
ADOPTED ON: 5. ~ , C~~--'
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Exhibit
DFW - MSD - 0009
500 iV. Main Street
Metes and founds
ALL that certain tract or parcel of land situated in the ADOLPHUS F. GOUHENANT SURVEY,
ABSTRACT N0.582, in the City of Fort Worth, Tarrant County, Texas and being Lots 1 thru 13 and Lots
36 thru 48, Block 10, North Fort Worth, an Addition to the City of Fort Worth, Tarrant County, Texas
according to the plat recorded in Volume 63, Page 149, Plat Records, Tarrant County, Texas (also Imawn
as The Union Land Company's Industrial Addition) and including an alley vacated by City Ordinance No.
675 as recorded in Volume 2018, Page 320, Deed Records, Tarrant County, Texas, also being those same
tracts of land described in the deeds to Drake Realty Group, Inc. as recorded in Document No.
D201160029 and Document No. D202064830, Deed Records, Tarrant County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a "Y" cut found in concrete for the most southerly corner of Lot 1 of said Block 10, said
"Y" being the intersection of the northwesterly right af--way line of North Fourth Street (a 60 foot public
right-of way} and the northeasterly right-of-way line of North Main Street (a 100 foot public right-of-way);
THENCE North 30 degrees 00 minutes 00 seconds West (based on various City records --original plat
contains no bearings) with the southwesterly boundary line of said Block 10 and with said northeasterly
right of--way line a distance of 325.00 feet to a 1/2 inch capped steel rod stamped "FULTON
SURVEYING" found for the most westerly corner of Lot 13 of said Block 10;
THENCE North 60 degrees 00 nunutes 00 seconds East, traversing said Block 10 a distance of 200.00 feet
to a 1/2 inch steel rod found for the mast northerly comer of Lot 36 of said Block 10, said rod being in the
southwesterly right-of way line of Commerce Street (a 70 foot public right-of way);
THENCE South 30 degrees 00 minutes 00 seconds East with the northeasterly boundary line of said Block
10 and with said southwesterly xght-of--way line a distance of 325.00 feet to a 1/2 inch steel rod found for
the most easterly corner of Lot 48 of said Block 10, said rod being the intersection of said southwesterly
right-of way line and said northwesterly right-of way line;
THENCE South 60 degrees 00 minutes 00 seconds West with the southeasterly boundary line of said Block
10 and with said northwesterly right af--way line a distance of 200.00 feet to the PLACE OF BEGINNING
and containing 1.492 acres of land, more or less. This field note description is based on the Land Title
Survey and plat made by Jason B. Rawlings, R.P.L.S. No. 5665 on Febraary 2, 2007.
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Csty of Fort Worth, 1°exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/8/2007 -Resolution No. 3486-05-2007 & Ordinance No.
17539-05-2007
DATE: Tuesday, May O8, 2007
LOG NAME: 52MSDDRAKE REFERENCE NO.: G-15717
SUBJECT:
Adopt a Resolution Supporting the Application of Drake Realty Group, L.P., for a Municipal Setting
Designation for the Property Located at 500 North Main Street, Fort Worth, Texas, to the Texas
Commission on Environmental Quality, and Adopt 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 Drake Realty Group, L.P., for approval of a Municipal
Setting Designation (MSD) for the property located at 500 North Main Street, an approximately 1.492-acre
tract, more fully described as Lots 1 thru 13 and Lots 36 thru 48, Block 10, North Fort Worth, Fort Worth,
Tarrant County, Texas ("Site"), 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 (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 an 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. A person, typically a developer, must apply to the TCEQ for certification of their
property as an MSD. If granted, they will not be required to clean up designated groundwater on their site
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 get 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, a public
meeting held for the purpose of providing information on the application to the affected community, and a
public hearing. To date City Council has approved seven MSD applications.
Logname: 52MSDDR.AKE Page 1 of 2
On March 15, 2007, Drake Realty Group, L.P., filed an application with the City seeking support of an MSD
at 500 North Main Street.
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 16, 2007. Six 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 designated groundwater at the Site is shallow, with average depth to groundwater ranges from 11 - 13
feet below ground surface (bgs). The property is underlain by silty clay transitioning to clay. Limestone
occurs at approximately 25 feet below the ground surface (bgs) and acts as an aquitard, which prevents the
vertical migration of water and contaminants to the underlying potable aquifers. Petroleum hydrocarbon
constituents present in the groundwater included Benzene-Toulene-Ethylbenzene-Xylene (BTEX); Methyl
Tertiary Butyl Ether (MTBE), Naphthalene, and Total Petroleum Hydrocarbons (TPH). Groundwater
analysis has also revealed multiple Volatile Organic Compounds (VOCs) constituents. The source of the
groundwater contamination is a petroleum hydrocarbon release from leaking underground storage tanks.
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties located within a 'h mile of the MSD boundary. All undeveloped properties
with '/Z 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/AccountlCenters
FROM Fund/AccountlCenters
Submitted for C~ Manager's Office b~ Libby Watson (6183)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname: 52MSDDRAK.E Page 2 of 2