HomeMy WebLinkAboutResolution 4017-08-2011A Resolution
NO. 4017 -08 -2011
IN SUPPORT OF THE APPLICATION OF THE CITY OF FORT WORTH
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION FOR 2525 BRENNAN AVENUE, FORT WORTH, TEXAS
WHEREAS, Chevron U.S.A., Inc. (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for 2525 Brennan Avenue, Fort Worth, Texas, the
metes and bounds description being attached hereto as Exhibit "A" (Site), and map of same being
attached hereto as Exhibit `B" (Site Map), to the Texas Commission on Environmental Quality; and
WHEREAS, a public meeting on the application for support was held in Fort Worth on July 26,
2011, and a public hearing was held in Fort Worth on August 9, 2011, and the affected community was
duly notified of same and allowed the opportunity to comment; and
WHEREAS, an approved public drinking water supply system exists that supplies or is capable
of supplying drinking water to the Site and to locations within one -half mile of the Site; and
WHEREAS, Applicant has filed documentation with the city stating that contaminants identified
within the designated groundwater, associated with historical uses of the Site, that have been detected in
concentrations exceeding residential assessment levels for potable use include benzene, methyl tert-butyl
ether, total petroleum hydrocarbons (C6 -C28), 1- methylnaphthalene, arsenic, cis -1,2- dichloroethene,
1,1- dichloroethene, trichloroethene and vinyl chloride; and
WHEREAS, Applicant has further filed documentation with the city stating that this
contamination is contained within the shallow, perched groundwater beneath the Site; and
WHEREAS, the City of Fort Worth, by ordinance, shall, upon adoption of this ordinance,
prohibit the use of designated groundwater beneath the Site for potable purposes as well as for irrigation;
and
WHEREAS, upon passage of this supporting resolution by the City Council, Applicant intends
to file an application with the Texas Commission on Environmental Quality for certification of a
Municipal Setting Designation 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
FORT WORT
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Resolution No. 4017 -08 -2011
WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best
interests of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the City of Fort Worth City Council supports Applicant's request to the Texas Commission
on Environmental Quality for a Municipal Setting Designation of the Site described in Exhibit A and B.
Adopted this 9th day of August 2011.
ATTEST:
Marty Hendrix, City ecretary
APPROVED
CITY COUNCIL
AUG 0 9 2011
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'Fort Worth, Texas
No. 4017 -08 -2011
EXHIBIT A
WHEREAS Chevron U.S.A. Incorporated (Successor to Gulf Oil Corporation) being the owners of
the following described 22.490 acre tract of land out of the E. Little Survey, abstract No. 954, and the
S. K. Smith Survey, abstract No. 1417, same being the remainder of that certain called 25.9 acre tract
of land described in a deed from Freehold Property Co. to Gulf Refining Co. and recorded in volume
392, page 413 of the deed records of Tarrant County, Texas, and being more particularly described by
metes and bounds as follows to wit:
BEGINNING at an iron rod found in the North margin of Brennan Avenue for the Southeast corner of
lot 2, block 1 of the Gorbett Industrial Addition to the City of Fort Worth, recorded in volume 388 -23, at
page 98 of the plat records, said rod being the Southwest corner of the herein described tract;
THENCE N23 059'0 00 "E along the East line of lots 1 and 2 and the West line of the herein described
tract a distance of 633.49 feet to a 2" iron pipe found in the South right of way line of a railroad spur, for
the Northwest corner of the herein described tract;
THENCE S71 °44'20 "E along the South right -of -way line of a railroad spur a distance of 1291.30 feet to
an iron rod found for the point of curvature of a curve to the left having a radius of 1654.01 feet;
THENCE Easterly along said curve, through a central angle of 12'14'10", an arc distance of 353.23
feet to an iron rod found in the West margin of Cold Springs Road for the Northeast corner of this
tract;
THENCE S32 °35' 14 "W along the West margin of Cold Springs Road a distance of 192.88 feet to an
iron rod found for an angle point;
THENCE S14 °30'31 "W continuing along the West margin of Cold Springs Road a distance of 383.22
feet to an iron rod found for the point of curvature of a curve to the right having a radius of 92.57 feet;
THENCE Southwesterly along said curve, through a central angle of 93 °40'40 ", an arc distance of
151.35 feet to an iron rod found in the North margin of Brennan Avenue;
THENCE N71 °48'27 "W along the North margin of Brennan Road a distance of 398.18 feet to an iron
rod found for the Southeast corner of a called 1.331 acre tract of land;
THENCE N18 °18'03 "E a distance of 227.94 feet to an iron rod found for the Northeast corner of a
called 1.331 acre tract of land;
THENCE N71 034'38 "W a distance of 254.09 feet to an iron rod found for the Northwest corner of a
called 1.331 acre tract;
THENCE S18 °15'34 "W a distance of 228.62 feet to an iron rod found in the North margin of
Brennan Avenue for the Southwest corner of a called 1.331 acre tract;
THENCE N71 °42'42 "W along the North margin of Brennan Avenue a distance of 938.00 feet to the
place of beginning and containing 22.490 acres of land, more or less;
DO HEREBY ADOPT SAME to be known as lot 4, block 1, of the Gorbett Industrial Addition to the
City of Fort Worth, Texas.
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EXHIBIT B
2525 Brennan Avenue
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2011 - Ordinance No. 19836 & Resolution No. 4017
DATE: Tuesday, August 09, 2011 REFERENCE NO.: G -17351
LOG NAME: 20MUNICIPAL SETTING DESIGNATION/ CHEVRON
SUBJECT:
Adopt Resolution Supporting the Application of Chevron U.S.A., Inc., for a Municipal Setting Designation
for 2525 Brennan Avenue to the Texas Commission on Environmental Quality and Adopt Ordinance
Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a Public Hearing on the application of Chevron U.S.A., Inc., for approval of a Municipal
Setting Designation for the property known as 2525 Brennan Avenue, a 22.490 acre tract of land out of
the E. Little Survey, Abstract No. 954, and the S.K. Smith Survey, Abstract No. 1417, same being the
remainder of that certain called 25.9 acre tract of land described in a deed from Freehold Property Co. to
Gulf Refining Co. and recorded in volume 392, page 413 of the deed records of Tarrant County, Texas, 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 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 June 13, 2011, Chevron U.S.A., Inc. filed an application with the City seeking support of a Municipal
Setting Designation (MSD) for 2525 Brennan Avenue, Fort Worth, Texas. The MSD will prohibit the
shallow, perched groundwater at the site from being used for potable purposes. This shallow, perched
groundwater is underlain by limestone and clay formations that serve as a regional barrier that prevents
vertical migration of the chemicals of concern in the shallow groundwater to the underlying aquifers. The
chemicals of concern identified in the groundwater beneath the site exceeding applicable Tier 1 Texas
Risk Reduction Program (TRRP) Residential Protection Concentration Levels (PCLs) include benzene;
total petroleum hydrocarbons; methyl naphthalene; arsenic; 1,1- dichloroethene; 1,2- dichloroethene -cis;
trichloroethylene; methyl tert-butyl ether; and vinyl chloride.
Staff from Planning and Development, Transportation and Public Works and Water Departments 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 Diamond Hill Community Center on July
26, 2011. One City staff and two representatives of the Applicant were present. Six residents of Fort Worth
were in attendance. There were no comments from residents adverse to this application.
Logname: 20MUNICIPAL SETTING DESIGNATION/ CHEVRON Pagel of 2
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. If granted, an MSD allows the designated
groundwater at the site to be cleaned to inhalation and contact standards only and removes the
requirement to meet the drinking water standard. 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).
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 a half mile of the
MSD boundary. All undeveloped properties (within the City Limits of the City of Fort Worth) within a half
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 a half mile of the MSD boundary.
The site is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
Douglas Wiersig (7801)
Michael Gange (6569)
Logname: 20MUNICIPAL SETTING DESIGNATION/ CHEVRON Page 2 of 2