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HomeMy WebLinkAboutOrdinance 17781-09-2007ORDINANCE NO. 17781-09-2007 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 12.5, "ENVIRONIVIENTAL PROTECTION AND COMPLIANCE," ARTICLE TV "GROUNDWATER AND SURFACE WATER QUALITY," BY AMENDING APPENDIX "A" "IVNNICIPAL SETTING DESIGNATION SITES IN FORT WORTH," BY THE ADDITION OF SECTION 13; DESIGNATING CFW-MSD- 0013, PROVIDING FOR THE PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE AND IRRIGATION PURPOSES INCFW-MSD-0013 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; PROVHING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the RadioShaclc Corporation (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for the property located at 401 NE 38~' Street, Fort Worth, Texas, the metes and bounds description being attached hereto as Exhibit "A" (Site); and WI~REAS, 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 WIiEREAS, 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 Page 1 of 9 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 TI~REFORE 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), Part II, as amended, is hereby further amended by the addition of Section 13 to read as follows: APPENDIX A - NI[iTNICIPAL SETTING DESIGNATION SITES IN FORT WORTH 7. CFW-MSD-0013 (a) CFW-MSD-0013 is defined as follows: Being an approximately 9.1597 acre tract of land, described as Tancor Addition, Lot 2, Block 1, out of the William Tucker Survey Abstract #1516, Fort Worth, Page 2 of 9 Tarrant County, Texas, and more particularly a part of a certain tract to Charles Pfizer and Company, Inc., as recorded in Volume 3609, page 143, Deed Records, Tarrant County, Texas. A map of CFW -MSD - 0013 (Exhibit B) follows; (b) The designated groundwater beneath CFW -MSD - 013, is shallow, perched groundwater that occurs at depths of three (3) to eight (8) feet below ground surface (bgs) down to the top of the underlying, confining limestone layer that occurs at depths of between six (6) and fourteen (14) feet bgs. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The predominant chemical of concern detected in the designated groundwater is tetrahydrofuran. Tetrahydrofuran was used as a solvent in the tape manufacturing process. Lesser concentrations of benzene, trichloroethylene, toluene, vinyl chloride, and total petroleum hydrocarbons have also been detected in the groundwater. (c) The use of the designated groundwater in CFW-MSD-0013 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. 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 Page 3 of 9 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 fmal 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. 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. Page 4 of 9 APPROVED AS TO FORM AND LEGALITY: DAVID YETT, CITY ATTORNEY ~~~~~ ~ 1 y~+°/ By CHRIST~A R. LOPEZ ASSISTANT CITY ATTORNEY ADOPTED: September 18, 2007 EFFECTIVE: Page 5 of 9 Exhibit A: CFW-IVISD-0013 RadioShack Corporation IVletes and Bounds Page 6 of 9 Field notes for 9.1b acres of land out of the William B. Tucker Survey in Tarrant County, Texas. Being a tract of land out of the William B. Tucker Survey Abstract #151b, si#uated in Tarrant Caunty, Texas, and more particularly a part of a certain tract to Charles Pfizer and Company, Tnc. as recorded in Volume 3609, Page 143, Deed Records, Tarrant County, Texas, and described by metes and bounds as follows: Beginning at an Iran pin in the East line of the C.R.I. & C. Railroad Company R.C. W, in the West line of said Pfizer Tract, said Iron pin is also the Southwest corner for lot 1, Block 1, Tancor Addition to the City of Fort Worth according to the Piat recorded in Volume 388-b7, Page 21, Deed Records, Tarrant Caunty, Texas; Thence East along the South Line of said Lot 1, 671.0 feet to an iron pint for corner; Thence South b75.b fee to an iron pin for corner of the North line of Thirty-Eighth Street, Thence West- along the North line of Thirty-Eighth Street 534.7 feet to an iron pin for corner and East line of said railroad R.C.W.; Thence Northerly along the East line of said Railroad R.C.1i11. North 6 degrees-51' West 7b.1 feet, North 7 degrees- 33' West 100.92 feet, North 8 degrees - 44' West 101.28 feet, North la degrees - 39' West 101.bb feet, North 12 degrees -~ 44' West 141.8 feet, North 14 degrees - 49' West 101.83 feet and North 1b degrees - 57' West 101.77 feet to the paint of beginning and containing 9.1b acres of land. Page 7 of 9 Exhibit B: CFW-MSD-0013 Map of 401 NE 38t" Street Page 8 of 9 l - --- - - --- -- ~ f ~-~ ~~~ ~ :~ ' _ ~- _ f ~r _ q ,4 .~ ~ t 7 ~ ~ '. _. f '~ 1.,~ t,. - M., X ~5~~~ [ j~ *~~ y.` 1 y~ 0..i 1~. F r ~ "~ +1~, 1. ~ T!~ . ~ ~ J F I'}I~k f ~ ~ !--rRy - lA i '1 '.v':. I ~= 11 _. 6 '~ ' u 'v<. 1 i - 1~. ~ , ,~~• r + ~ ~Y{ r 1 ~ ~. (_ ~ti i'~"yF•, j ~ ~~ 4vcfE l j t S` ~-, ~ r~rt'I I '1~ C r4'-.. h }} ~ ~ k~ b~~ / I ~ / - n` ~ 1 Ei 6 ~- - - -~, Ft --_ __- - .~ , - ' a ' T°~~~~~ r '~~ i ~ .a. , ; '! ~ ~ ~ ~ ~ T. ; - `.I r Y i ~ ~ '~ R^ ~~ vi n r ~ A I _ 1 ' ~ ~~r~ ~I I (i C~ ~. - .. _~ !'.r ~ C » ~~ ~ i~ 1 ,1 J ,» ~ !. t ~ , 1 ~ ti ,~ -~ ~ _. - d C 1 ~, - ~ Y ... - ~ ' 1 ~ . 4 F - r -~ 4 ~ 7 ~... ~~ >~ k ~ LL' l f ~ m ttl 5~ ~ ~ ~ ~ M~ l '_ ~ ' . 1~~~f '~ , ~ u ~ t r. _ ~ ~ r>'. ~ ~ ~ +. ~ ~ -- ,. ~ ~{_ ~ ~. ~ iJ ~. ~ °t - -~F v,"ti_ q ~~ _ ~ ,, ~ a '; r ~ . 1 _ _ j r ~ ~,. ~ .~ ~ `.9 ~'~ ,~ 11 ~ - 'i~` ~'' ~~ 1 a~. ~. ;':. ~ ~ q..: L I f .I~X i _ ~ h T "'~ ._5 ~~b. .y L i ~ t ~I P~ r t ~i N~~~-t --~ L "-` -~ Sr- 4~ rte= -~ - e - f Lek '~--`' i' ,~-~; ` t ~ ~ ~' ~~ _ "~ ~ ~ i ... G_ I . .rte' r ~~--}}rr~~ ~ F I - ~-i 4 ~ , ` .Irk ~~ ~ -.. r ~~r» ~ i ~ ~ .~I 1, ,•~a' 't 5._ ~ L.r{i[ ~ sic 4.~'`,1°!~'» f ~ ". ~,.. _,~ :1!!I r - ~ ~ 14 ~ _. 3 ` ~ r~ yl r- x~ -- .. ~ f a r. ~ ,---r ,-,!r n' 1 .. I J -II~F ~ ~ _ ~ .~~ ~' '4~"~ f .I v1L .~'1'~'H ~~~ -.~l - _ . ,.~ ~_ ... _ _. source: raci;.c ~ <noSAPna1 P>tctagapny ~~~,~ Exhibit 8 ,'~ ~~ ayoepattrknn Q 245 4Q© HBO Feet E'ctireot~rnt~r.kT+.nacrr,evr ene~P:ctydr,:nusac:s I f f f I f f f I Page 9 of 9 City ®f Fvrf ~/®r~h, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/18/2007 -Res. No. 3530-09-2007 & Ord. No. 17781-09-2007 DATE: Tuesday, September 18, 2007 LOG NAME: 52MSDRADIOSHACK REFERENCE NO.: G-15871 SUBJECT: Adopt a Resolution Supporting the Application of RadioShack Corporation for a Municipal Setting Designation for the Property Located at 401 Northeast 38th Street 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 RadioShack Corporation, for approval of a Municipal Setting Designation (MSD) for the property located at 401 Northeast 38th Street, an approximately 9.1597- acre tract, more fully described as Tancor Addition, Block 1, Lot 2, 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 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. 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. On July 25, 2007, RadioShack Corporation filed an application with the City seeking support of an MSD at Logname: 52MSDR.ADIOSHA.CK Page 1 of 2 401 Northeast 38th Street, Fort Worth, Texas. Staff from the departments of Engineering, Environmental Management, Planning and Development, 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 Meacham Airport on August 28, 2007. Three representatives of the Applicant and three city staff were present. Six residents of Fort Worth and surrounding cities were in attendance. There were no comments from residents adverse to this application. The groundwater to be restricted is shallow, perched groundwater that occurs at depths of three to eight feet below ground surface (bgs) down to the top of the underlying, confining limestone layer that occurs at depths of between six and fourteen feet bgs. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The predominant chemical of concern detected in the groundwater is tetrahydrofuran. Tetrahydrofuran was used as a solvent in the tape manufacturing process. Lesser concentrations of benzene, trichloroethylene, toluene, vinyl chloride, and total petroleum hydrocarbons have also been detected in the groundwater. 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 '/z mile of the MSD boundary. All undeveloped properties (within the City Limits of the City of Fort Worth) 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) 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 '/2 mile of the MSD boundary. 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 City Manager's Office by: Libby Watson (6183) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) Logname: 52MSDRADIOSHACK Page 2 of 2