HomeMy WebLinkAboutOrdinance 24579-12-2020 ORDINANCE NO. 24579-12-2020
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 24 DESIGNATING CFW-MSD-
0029, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0029; 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, the Hickman Family Limited Partnership (Applicant) has filed an
application for support of a resolution seeking a Municipal Setting Designation
(MSD) for the site known as an undeveloped property near Interstate Highway 35
and West Risinger Road, 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 November
20, 2020; 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 1V, "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 24 to
read as follows:
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APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
24. CFW-MSD-0029
(a) CFW-MSD-0029 is defined and designated as follows:
Being a tract of land situated in the City of Fort Worth, Tarrant County,
Texas and being more particularly described by metes and bounds
description(Exhibit A) and map of CFW-MSD-00029 (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0029 is a shallow,
perched aquifer from depths of approximately fourteen (14) feet to twenty
(20) feet below the ground surface. The affected shallow groundwater is
underlain by a confining layer of approximately 200 to 450 feet in thickness
and is underlain by confining limestone formations that serve as a regional
aquitard that prevents the vertical migrations of the chemical of concern to
underlying potable aquifers. The chemical of concern identified in
groundwater beneath the site exceeding applicable Tier 1 Texas Risk
Reduction Program (TRRP) Residential Protection Concentration Levels
(PCLs) is trichloroethene.
(c) The use of the designated groundwater in CFW-MSD-0029 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
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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
summarizing the purpose of this ordinance and the penalty for violating this ordinance for two (2)
days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local
Government Code Subsection 52.013
Page 4 of 7
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:
Chris[a R.Lopez-Reynolds(Dec 3,20 io: T) 4L 'for Ronald P.Gonzales(Dec 3,202010:50 CST)
Christa R. Lopez-Reynolds Mary J. Kayser
Sr. Assistant City Attorney City Secretary
ADOPTED: December 1, 2020
EFFECTIVE:
A. OF FART
SXAS
Page 5 of 7
Exhibit A
UNDEVELOPED LAND NEAR INTERSTATE HIGHWAY 35 WEST AND WEST
RISINGER ROAD, FORT WORTH, TEXAS
LEGAL DESCRIPTION
PART OF THE GEORGE HAMILTON SURVEY,ABSTRACT 751
AND
JAMES J. SCOTT SURVEY,ABSTRACT 1449
BEING a 6.6074 acre(287,819 square foot)tract of land situated in the George Hamilton Survey,
AbstractNo. 751 and the James J. Scott Survey,Abstract No. 1449,City of Fort Worth, Tarrant County,
Texas; saidtract being part of that tract of land described in Correction Warranty Deed to Hickman Family
LimitedPartnership recorded in Instrument No. D206394892 of the Official Public Records of Tarrant
County,Texas; said tract being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with"KHA" cap set for corner in the west line of Lot 3,Block
1,Southland Business Park Addition,an addition to the City of Fort Worth according to the plat recorded
mInstrument No. D220093349 of said Official Public Records;
THENCE South 0°26'51"East,along the said west line of Lot 3,a distance of 494.01 feet to a 5/8-inch
ironrod with"KHA" cap set for corner;
THENCE North 90°00'00" West,departing the said west line of Lot 3, a distance of 444.62 feet to a
pointfor corner in the east line of that tract of land described in Special Warranty Deed to Barnett
Gathering,L.P. recorded in Instrument No. D206080398 of said Official Public Records;
THENCE North 0'39'16" West, along the said east line of the Barnett Gathering, L.P. tract, a distance of
107.90 feet to a 1/2-inch iron rod found for the northeast corner of said Barnett Gathering L.P. tract;
THENCE South 89°28'24"West, along the north line of said Barnett Gathering,L.P. tract,a distance of
177.28 feet to a point for corner;
THENCE North 0°00'00" East,departing the said north line of the Barnett Gathering,L.P. tract, a
distance of 387.73 feet to a point for corner;
THENCE North 90°00'00"East,a distance of 619.27 feet to the POINT OF BEGINNING and
containing 6.6074 acres or 287,819 square feet of land,more or less.
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Exhibit B
UNDEVELOPED LAND NEAR INTERSTATE HIGHWAY 35 WEST AND WEST
RISINGER ROAD,FORT WORTH,TEXAS
6.6074 Acre Tract
IH-35 West&West Risinger Road Former Gravel Pit Area MUNICIPAL SETTING DESIGNATION
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 11/17/20 M&C FILE NUMBER: M&C 20-0858
LOG NAME: 23HICKMAN MSD
SUBJECT
(CD 8)Conduct Public Hearing,Adopt Resolution Supporting the Application of the Hickman Family Limited Partnership for a Municipal Setting
Designation for the Property Located Near the Intersection of Interstate Highway 35 West and West Risinger Road,Fort Worth,Texas,to the Texas
Commission on Environmental Quality,and Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site
Pursuant to Chapter 12.5,Article IV,Division 2"Municipal Setting Designation"(Continued from a Previous Meeting)
(PUBLIC HEARING-a.Report of City Staff:Cody Whittenburg;b.Public Comment;c.Council Action:Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing on the application of the Hickman Family Limited Partnership,for approval of a Municipal Setting Designation for
the property located near the intersection of Interstate Highway 35 West and West Risinger Road an approximate 6.6074-acre tract,more
fully described as being located in the George Hamilton Survey,Abstract No.751 and in the James J.Scott Survey,Abstract No. 1449,Fort
Worth,Tarrant County,Texas to allow the public the opportunity to give testimony;
2. Adopt the attached resolution supporting the Hickman Family Limited Partnership'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 October 2,2020,the Hickman Family Limited Partnership filed an application with the City seeking support of a Municipal Setting Designation
(MSD)for a property located near the Intersection of Interstate Highway 35 West(1-35W)and West Risinger Road, Fort Worth,Texas.
Staff from the Planning and Data Analytics,Transportation and Public Works,Development Services,and Water Departments were given the
application to review. No comments or concerns were received. Notice was issued,as required by ordinance,and a public meeting was held at
the Chisholm Trail Community Center on November 11,2020.
The groundwater that is sought to be restricted is shallow,perched,discontinuous groundwater that occurs at depths of approximately fourteen
(14)to twenty(20)feet below the ground surface. The affected shallow groundwater is underlain by a confining layer of approximately 200 to 450
feet in thickness that serves as a regional aquitard preventing vertical migrations of the chemical of concern to underlying potable aquifers.The
affected shallow groundwater is not a designated,recognized major or minor aquifer. The chemical of concern detected in the designated
groundwater is trichloroethene(TCE). The TCE contamination is attributed to historic,non-specific,illegal dumping on the subject property.
The Fort Worth Water Department provides water service to all existing residential and commercial/industrial properties located in the area and
within a''/Z 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)No. 12311 (City of Fort Worth)
and the City of Fort Worth Policy for the Installation of Community Services.
In 2003,a state law came into effect creating the concept of a Municipal Setting Designation.The purpose of an MSD is to provide a means by
which the Texas Commission on Evironmental Quality(TCEQ)may limit the scope of investigations and response actions for groundwater
contamination at a site,provided the groundwater is prohibited for use as a potable water source. "Potable water"means water used for drinking,
showering,bathing,or cooking,or for irrigating crops intended for human consumption.A person,typically a developer,must apply to TCEQ for
certification of their property as an MSD. If granted,they will not be required to clean up designated groundwater within the MSD 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.
In January 2005,the 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.
This MSD application is the 29th within Fort Worth city limits.
Approval of this MSD application by the Texas Commission on Environmental Quality will support the usage of the subject property consistent with
the current zoning without unnecessary requirements placed on the developer to take actions to address historic contaminated groundwater.
There are currently no land use plans for this site other than remaining undeveloped for the foreseeable future.
The location is in COUNCIL DISTRICTS 8 and 9.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office by: Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: Cody Whittenburg 5455