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HomeMy WebLinkAboutOrdinance 17090-08-2006ORDINANCE NO. 17090-08-2046 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (2986}, AS AMENDED, BY THE AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND C`OMPLIANCE," ARTICLE IV "GROUNDWATER AND SURFACE WATER QUALITY," BY AMENDING APPENDIX "A" "MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH," BY THE ADDITION OF SECTION 4, DESIGNATING CFW-MSD- 0004, PROVIDING FOR THE PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE AND IRRIGATION PURPOSES IN CFW-MSD-0004, PROVIDING -THAT THiS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO 52,000.00 FOR EACII OFFENSE IN VIOLATION OF Tl~-IE ORDINANCE; PROVIDING- A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Acme Brick Company (Applicant) has filed an application with the City of Fort Worth for tlxe city's approval of a Municipal Setting Designation (MSD) for the property located at 2725, 2727, 2736, anal 2801-2937 W. 7th Street, 2849, 2949, and 2917 W. 6th Street, 2813-2925 Crockett Street, and 2824 and 2830 Morton Street, Fort Worth, Texas, including abutting rights-of way, an approximately 20-acre site (Site), ir~ore fully described in Section 4(a} of this ordinance; 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 Camu~nission on Environmental Quality (TCEQ) far 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 pxovisians concerning groundwater contarr~ination investigation and response actions at the Site; and Page 1 of 11 WHEREAS, the City Council of the City of Fort Worth is of the opinion that it is in the best interest of the public and the city to support Applicant's application to the Texas Commission an Environxnental Quality for a Municipal Setting Designation for the Site; and WHEREAS, in order far the TCEQ to certify the Site the city must prohibit the potable use of groundwater from beneath the Site; and 'WHEREAS, a public drinlzing water supply system exists that supplies ox is capable of supplying drii~lcing water to the Site, and property within one~half mile of the Site; and WHEREAS, where public drinki~ag 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 pxesents air 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 I. That fart II "Code," Chapter 12.5 "Environmental 1'ratection and Compliance," Article IV, "Groundwater and Surface Water Quality," Appendix A, "Muncipal 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 ~ to read as follows: Page 2 of ].~ APPENDIX A -- MUNICIPAL SETTING DESIGNATION SITES IN FONT W®RTH 4. CFW~MSDW0004 {a) Cl~ W-MSD-0004 is defined as follows: A tract of land situated in the 3.M.C. Lynch Survey, Abstract No. 955 and the Wm. Bussell 320 Acre Survey, said surveys being in the City of Ft. Worth, Tarrant County, Texas, and said tract of land being more particularly described as follows, to-wit: Beginning at the northwest corner of Lot 17, Block 9 of Van Zandt's Park Addition, an Addition to the City of Ft. Worth, Tarrant County, Texas, recorded in Volume 204A, Page 81, of the Plat Records of Tarrant County, Texas; L1 Thence North 0 degrees, S 1 minutes, 28 seconds East, passing at 16.00 feet the southwest cornea of Lot 4 of said Block 9, and continuing North 0 degrees, 51 minutes, 28 seconds East along the westerly line of said Lot 4, a distance of 130.00 feet for a total distance of 146.00 feet to the northwest corner of said Lot 4, said corner being in the southerly right-of--way line of Crockett Street (a 60' right- of way); L2 Thence North 89 degrees, 08 minutes, 32 seconds West, along said southerly right-of--way line, and the northerly line of Lots 1 thxough 3 in said Block 9, a distance of 150.00 feet to the northwest comer of Lot 1 in said Block 9; L3 Thence North 0 degrees, 51 minutes, 2$ seconds East, a distance of 60.00 feet to the southwest corner of Lat 1R, Black 3 of aforesaid Van Zandt's Park Addition, said corner also being the intersection of the northerly right-of--way line of said Crockett Street and the easterly right-of--way line of Norwood Street { a 60' right- of way); L4 Thence North 89 degrees, OS minutes, 32 seconds West, a distance of 60.00 feet to the southeast corner of Lot 10, flock 1 of said Van Zandt's Park Addition, said corner being at the intersection of the northerly right-of--way Line of said Crockett Street and the westerly right-of way line of said Norwood Street; LS Thence North 0 degrees, S 1 minutes, 28 seconds East, along the easterly line of Lot 9 and Lat 10 of said Block 1, and said westerly right-of way line, a distance of 276.00 feet to the northeast corner of said Lot 9 and the intersection of said Page 3 of 11 westerly right-off way line and the southerly right-of--way line of West Seventh Street (a 100' right-of--way); L6 Thence South 89 degrees, 08 minutes, 32 seconds East, a distance of 60.00 feet to the narfhwest corner of Lot 1R, Block 3 of said Van Zandt's Park Addition, said carver being at the intersection of the easterly right-of way line of said Norwood Street, and the southerly right-of--way line of said West Seventh Street; L7 Thence North 0 degrees, S 1 minutes, 28 seconds East, a distance of 100.13 feet to the southwest corner of Lot 11, Block 11 of Van Zandt's Second Addition, an Addition to the City of 1?t. Worth, Tarrant County, Texas, recorded in Volume 106, Page 118, of the Plat Records of Tarrant County, Texas, said corner being in the northerly right-of way line of said West Seventh Street; L8 Thence South 89 degrees, 09 minutes, S5 seconds East, along the southerly right- of way line of Lots 11, 12, 13, 14 and 15 of said Block 1 1, and said northerly right-of^way line, a distance of 249.93 feet to the southeast corner of said Lot 1 S; L9 Thence North 0 degrees, 58 minutes, 10 seconds East, along the easterly Tine of Lat 1 S and Lot 6 of said Block 11, passing at 285.77 feet, the northeast corner of said Lot 6, a total distance of 345.77 feet to the southwest corner of Lot 16, Block 17 of said Van Zandt Second Addition, said corner being in the northerly right-of way line of West Sixth Street (an 80' right-off way); L10 Thence South 89 degrees, 09 minutes, 55 secands East, along the southerly line of Lots 16 through 18 of said Block 17, and the northerly right-of way line of said West Sixth Street, a distance of 150.1 S feet to the southeast corner of said Lat 18; L11 Thence South 1 degree, 04 minutes, 46 secands West, passing at 80.00 feet the northeast corner of Lot 2, Block 11 of said Van Zandt Second Addition, a total distance of 204.49 feet to the southeast corner of thereof, said corner being in the northerly Pane of a 16 foot wide alley; L12 Thence South 89 degrees, 09 minutes, 55 seconds East, along the southerly 1zrae of Lot i and Lot 2 of said Block 11, and the northerly Iine of said alley, passing at 99.82 feet the southeast comer of said Lot 1, a total distance of 159.82 feet to the southeast corner of Lot 10, Block 10 of said Van Zandt Second Addition, said corner being in the northerly line of a 16 foot wide alley and the easterly right-of way Tine of Curried Street (a 60' right-of way); Page 4 of 11 L13 Thence South 1 degree, 10 minutes, 14 seconds West ,along the easterly right-of Iine of said Currie Street, passing at 16.00 feet the the northwest corner of Lot 11 of said Slock 10, and continuing along said easterly right-of--way Iine and the westerly Iine of said Lot 11, South 1 degree, 10 minutes, 14 seconds West, a total distance of 141.12 feet to the southwest corner of said Lot 11, said tamer being at the intersection of the northerly right-of-way Iine of said West Seventh Street and the easterly right-of way Iine of said Currie Street; LI4 Thence South 89 degrees, 06 minutes, 22 seconds East, along the southerly line of Lots 11 through 17 iii said Block 10, anal the northerly right-of way line of said West Seventh Street, a distance of 352.14 feet to the southeast corner of Lot 17 in said Block 10; L15 Thence North 0 degrees, 32 zxzinutes, 49 seconds East, along the easterly line of Lot 17 and Lot 4 of said Black 10, passing at 2b5.70 feet, the northeast corner of said Lot 4, a total distance of 345.70 feet to the southwest cornex of Lot 17, Block 16 of aforesaid Van Zandt Second Addition, said corner being in the northerly right-af way line of aforesaid West Srxth Street; LIb Thence South 89 degrees, 09 minutes, 55 seconds East, along the southerly line of said Lot I8, a distance of 50.01 feet to the southeast corner thereof; L17 Thence South 0 degrees, 31 minutes, 39 seconds West, passing at $0.00 feet, the northeast corner of Lot 3, Block 10 of said Van Zandt Second Addition and continuing South 0 degrees, 31 minutes, 39 seconds West, along the easterly line of said Lot 3, a total distance of 204.22 feet to the southeast carnet thereof, said corner being in the northerly line of a 1 b foot wide alley; LIS Thence South 89 degrees, 09 rzainutes, 55 seconds East, along the southerly line of Lot 1 and Lot 2 in said Block 10, and the northerly line of said alley, passing at 99.96 feet the southeast corner of said Lot 1, and passing at 15996 feet, the southwest corner of Lot 10, Block 9 of said Van Zandt Second Addition, a total distance of 309.60 feet to the northeast corner of Lot 13 in said Block 9; L19 Thence South 00 degrees, 1 S minutes, 42 seconds West, along the easterly line of said Lot 13, a distance of 141.63 feet to the southeast corner thereof, said corner being in the northerly right-off way line of said West Seventh Street; Page 5 of 11 L20 Thence South 89 degrees, 11 minutes, 53 seconds East, along the southerly line of Lots 14 through 19 of sand Block 9, and the northerly line of said West Seventh Street, a distance of 294.07 feet; L21 Thence South 0 degrees, 50 minutes, 49 seconds West, laassing at 100.00 feet, the northeast corner of a tract of land described in deed recorded in Volume 11895, Page 2297 of the Deed Records of Tarrant County, Texas, and continuing South 0 degrees, 50 minutes, 49 seconds West along the easterly line of said tract of land, a total distance of 275.25 feet to the southeast carnet thereof, said corner being on the most westerly, northerly line of Lot 1, Block 1 of Seventh Street Station, an Addition to the City of Ft. Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 4296, of the Plat Records of Tarrant County, Texas; L22 Thence North 89 degrees, 09 minutes, 1 l seconds West, along said most westerly, northerly line, anal the southerly line of Lot 1, Block 1 of Brantley-Draughozr College Addition, an Addition to the City of Ft. Worth, Tarrant County, Texas, recorded in Volume 388-113, Page 279, of the Plat Records of Tarrant County, Texas, a distance of 202.90 feet to the northeast corner of a tract of land described in deed recorded in Volume 12767, Page 293 of the Deed Records, Tarrant County, Texas, same being an Access Easement described in deed recorded in Volume 12318, Page 2168 of the Deed Records, of Tarrant County, Texas; L23 Thence South 0 degrees, 50 minutes, 49 seconds West, along the easterly line of said Access Easement, a distance of 23.00 feet to the southeast corner thereof; L24 Thence North. 89 degrees, 09 minutes, 11 seconds West, along the southerly line of said Access Easement, and the northerly line of a tract of land described in deed recorded in Volume 9346, Page 1166 of the Deed Records, of Tarrant County, Texas, hereinafter called Tract A, a distance of 241.10 feet to the southwest corner of said Access Easement, being in the easterly right-of way line of Foch Street ( a 60' right-of way); L25 Thence South 0 degrees, 50 minutes, 49 seconds West, along the westerly line of said Tract A, and the easterly right-of way line of said Foch Street, a distance of 78.22 feet; L26 Page 6 of 11 Thence North 89 degrees, 09 minutes, 11 secands West, a distance of 60.20 feet to the southeast corner of Lat 1R, Black 3 of aforementioned Van Zandt's Park Addition and the intersection of the westerly right-of way line of said Foch Street and the northerly right-of way line of aforementioned Crockett Street; L27 Thence South 0 degrees, 25 minutes, 47 secands West, along said westerly right- of-way line, a distance of 59.77 feet to the northeast comer of Lot 10, Block $ of said Van Zandt's Park Addition and the intersection afthe westerly right-af way line of said ~'ach Street and the southerly right-of way line of said Crockett Street; L28 Thence North 89 degrees, 09 minutes, 19 seconds West, along the northerly line of Lots 8 Through 10 of said Block 8, and the southerly right-of way line of said Crockett Street, a distance of 150.26 feet to the northeast corner of Lot 7 in said Block 8; L29 Thence South 0 degrees, SO minutes, 41 secands West, along the easterly line of said Lot 7, passing at 129.93 feet, the southeast corner of said Lot 7, a total distance of 145.93 feet to the northeast corner of Lot 14 in said Block 8, said corner being in the southerly 1zne of a 16 foot wide alley; L30 Thence North 89 degrees, 11 minutes, 03 seconds West, along the northerly Iine of Lots 14 through 16 in said Block 8, and the southerly line of said alley, a distance of 150.OS feet to the northeast corner of Lot 17 in said Block 8; L31 Thence South 0 degrees, 48 minutes, 33 secands West, along the easterly line of said Lot 17, passing at a distance of 130.11 feet the southeast comer thereof, being in the northerly right-af--way line of 1Vlorton Street (a 60' rightWof-way), and continuing South 0 degrees, 48 minutes, 33 seconds West a total distance o£ 190.11 feet to a point on the southerly right-off way line of said Morton Street; L32 Thence North 89 degrees, 08 minutes, 32 seconds West, along the southerly right- of--way line of said Morton Street, a distance of 149.83; L33 Thence North 0 degrees, 47 minutes, 29 East, passing at a distance of 60.00 feet, the southwest corner of Lot 19 in said Block 8, thence continuing North 0 degrees, 47 minutes, 29 East along the westerly line of said Lot 19, a total distance of 190.07 feet to the northwest corner thereof, being in the southerly line of a 16 foot wide alley; Page 7 of l1 L34 Thence North 59 degrees, 0$ minutes, 32 seconds West, along the northerly line of Lot 20 in said Slack 5, and the northerly line of Lats 11 through 17, Block 9 of aforementioned Van Zandt's Park Addition, and the southerly line of said alley, a distance of 460.29 to the Point of Beginning of said tract of land, containing 20.552 acres within the metes recited, save and except the following described tract of land; Commencing at the southeast corner of Lot 13, Block 9 of Van Zandt Second Addition, an Addition to the City of Ft. Worth, Tarrant County, Texas, recorded in Volume 106, Page 11$, of the Plat Records of Taxxant County, Texas; Leo Thence South 89 degrees, 11 minutes, 53 seconds East, along the southerly line of Lots 14 through 19 of said Block 9, and the northerly line of said West Seventh Street, a distance of 294.07 feet; L21 Thence South 0 degrees, 50 minutes, 49 seconds West; passing at 100.00 feet, the northeast corner of a tract of land described in deed recorded in Volume 11$95, Page 2297 of the Deed Records of Tarrant County, Texas, and continuing South 0 degrees, 50 minutes, 49 seconds West along the easterly line of said tract of land, a total distance of 275.25 feet to the southeast corner thereof, said corner being on the most westerly, northerly line of Lot 1, Block 1 of Seventh Street Station, an Addition to the City of Ft. Worth, Tarrant County, Texas, xecorded in Cabinet A, Slide 4296, of the Plat Records of Tarrant County, Texas; L22 Extended Thence North 59 degrees, 09 minutes, 11 seconds West, along said mast westerly, northerly line, and the southerly line of Lot 1, Block 1 of Brantley-Draughon College Addition, an Addition to the City of fit: Worth, Tarrant County, Texas, recorded in Volume 358-113, Page 279, of the Plat Records of Tarrant County, Texas, a distance of 329.00 feet to the Point of Beginning of said tract of land, and being the southeast comer of said Lot 1, Block 1 of Brantley-Draughon College Addition, and on the northerly line of a tract of land described in deed recorded in Volume 12767, Page 293 of the Deed Records, Tarrant County, Texas, saute being an Access Easement described in deed recorded in Volume 12315, Page 216$ of the Deed Records, of Tarrant County, Texas; Thence along the northerly line of said Access Easetxtent the following: L38 North $9 degrees, 09 minutes, 11 seconds West a distance of 57.00 feet; t'agc 8 of l I L39 South 0 degrees, 50 minutes, 49 seconds West a distance of 3.00 feet, L40 North 89 degrees, 09 minutes, 11 seconds West a distance of 58.00 feet to the northwest corner of said Access Easement and the southwest carnet of a tract of land described indeed recorded in Valwne 1635, Page 371 of the Deed Records, of Tarrant County, Texas hereinafter called Tract B, said corner being in the easterly right~of way line of Fach Street (a 60' right-off way); L35 Thence North 0 degrees, 50 minutes, 49 seconds East, along the westerly right-of way line of said Foch Street. a distance of 178.00 feet to the northwest corner of said Tract B and the intersection of the southerly right-of way line of West Seventh Street (a 100' right-of way) and the easterly right-o£ way line of said Foch Street; L36 Thence South 89 degrees, 09 minutes, l l seconds East, along the northerly line of said Tract B and the southerly right-of=way line of said West Seventh Street, a distance of 115.00 feet to the northeast corner of said Tract B and the northwest comer of said Lot 1, Bloch 1 of Brantley-Draughan College Addition; L37 Thence South 0 degrees, 50 minutes, 49 seconds West, along the westerly line of said Lot 1, Block 1 of Brantley-Draughon College Addition, and the easterly Iine of said Tract B, a distance of 175.00 feet to the Point of Beginning of said tract of land, containing 0.4bb acres within the metes recited, for a net acreage of 20.0$6 acres within the metes recited. (b) The designated groundwater beneath CFW-MSD-0004 is shallow, with depths varying from 15.5 to 16 feet below ground level, and is underlain by 225-300 feet of consecutive limestone and clay formations. (e) 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 ~ Toluene W Ethylbenzene Cis 1,2 dichloroethene m Trichloxoethene • Vinyl chloride Total petroleum hydrocarbons Page 9 of 11 (d) The use of the designated groundwater in CFW-MSD-0004 for potable and irrigation purposes is hereby prohibited. This prohibition is necessary because the contaminant concentrations exceed potable water standards. (e) The City will provide advance written notice to the Texas Comrraissian an 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 (198b), 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. SECT~~I®I 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. SECTZ®1®14. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with ar 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. Page 10 of 11 SECTION 5. All rights and remedies of the City of Fort Warth, Texas, are expressly saved as to any and all violations of the pravisions of the ordinances amended in Section. 1, which have accrued at the time of tlae effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criaminal, 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 anal Section 4 of this ordinance for tu~o (2) days in the offiicial newspaper of the City of port Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Dort Worth, Texas and by Section 52.013, Texas Local Governrraent Code. SECTION' 7. This ordinance shall be in full force and effect afl:er its passage and publication as required by la~vv, and it is so ordained. APPROVED AS TO pORM AND LEGALITY: A SIST CITY A O EY EFFECTNE: August S, 200b Page t.l of 11 COUNCIL ACTION: Approved on 8/8/2006 -Resolution No. 3396 and Ordinance No. 17090 ®ATE: Tuesday, August O8, 2006 LOG NAME: 52MSDACME REFERENCE NO.: G-15340 SUBJECT: Adopt Resolution Supporting the Application ofi Acme Brick Company, for a Municipal Setting Designation for the Properties Located at 2725, 2727, 2735, and 2801-2937 West 7th Street, 2809, 2909, and 2917 West kith Street, 2813-2925 Crockett Street, and 2824 and 2830 Marton Street, Including Abutting Rights-af-Way to the Texas Camrnission on Environmental Quality, and Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from beneath the Site RECOMMENI]ATEON: It is recommended that the City Council: 1. Conduct a public hearing on the application of Acme Brick Company, for approval of a Municipal Setting Designation (MSD} far the properties located at 2725, 2727, 2735, and 2801-2937 West 7th Street, 2809, 2909, and 2917 West 5th Street, 2$13-2925 Crockett Street, and 2824 and 2830 Marton Street, an approximately 20-acre site, in F'nrt Worth, Tarrant County, Texas, grid including abutting rights-of-way ("Site"}, to allow the public the opportunity to give testimony; 2. Adapt 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. ©ISCUSSIUN: In 2003, a state law became effective creating the concept of an Municipal Setting Designation (MS©). 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, typically a developer, must apply #o the Texas Commission on Environmental Quality (TCEQ} for certifiicatian of their property as an MSD. if granted, they will not be required to clean up designated groundwater an their site to drinking water standards, although ether 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 far irrigating crops intended far 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 ding 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. C`rty Council has granted three previous MSD applications. Lognaz~e: 52MSDACME Page I of 2 On June 15, 2006, Acme Brick Company, filed an application with the City seeking support of an MSD at 2725, 2'72'7, 2786, and 2801-2937 West 7th Street, 2809, 2909, and 2917 West 6th Street, 2813-2925 Crockett Street, and 2824 and 2830 Marton Street, including abutting rights-of-way. Staff #ram the departments of Enviranrr-ental Management, Water, Transpartatian and Public Works, Development and Engineering reviewed the application for pnfential impacts to City interests. Na significant concerns were identified. Notice was issued as required by ordinance, and a public meeting was held at the Luby's Cafeteria, 251 University Drive, an July 25, 2006. The designated groundwater at the Site is shallow, with depths varying from 15.5 to 16 feet below ground level. The identified chemicals of concern in the designated graundwater that exceed residential assessment levels are: benzene, toluene, ethylbenzene, cis 1,2 dichioroethene, trichloraethene, vinyl chloride, and total petroleum hydrocarbons. An estimated 225-300 feet of consecutive limestone and clay formations underlay this shallow ground water. The first major aquifer beneath the Site is the Trinity Group, with the shallowest formation having seasonal depths ranging from 500-750 feet. It is believed that historical nnsite and affs'ite activities, including gas stations, printing facilities, and dry cleaning operations have contributed to the identified contamination. The impacted graundwater is oat a drinking water source. Fort Worth's public drinking water supply system supplies potable water to the Site and the surrounding area. The Site is located in COUNCIL DISTRICT 7. IFISCAL INI*ORMATIONICERTIFICATION: The Finance Director certii"les that this action will have na material effect on Gty funds. TO FundlAccounflCenters FRONT FundlAccauntlCenters Submitted for Ci IVlana er's Office b Libby Watson (6199) Originating ©epartment Head: Brian Boemer (6647) Additional Information Contact: Michael Gange (6569) Lagnarxze: 52M~DACME Page 2 of 2