HomeMy WebLinkAboutOrdinance 25821-11-2022 ORDINANCE NO.25821-11-2022
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND,SUBJECT
TO RECEIPT OF THE GRANT,IN THE AMOUNT UP TO$2,500,000.00,FOR THE
PURPOSE OF FUNDING THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY GRANT; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2022-2023 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants
Operating Federal Fund,subject to the receipt of the grant,in the amount up to 2,500,000.00,for the purpose
of funding environmental site assessments and cleanup tasks (up to $500,000.00) and asbestos abatement
activities for the Fort Worth Convention Center future redevelopment project(up to$2,000,000.00).
SECTION 2.
That should any portion,section or part of a section of this ordinance be declared invalid,inoperative or void
for any reason by a court of competent jurisdiction,such decision,opinion or judgment shall in no way impair
the remaining portions,sections,or parts of sections of this ordinance,which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 25773-09-2022 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations,in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
O' ette S.Goodall(N-11,2022 09' CST)
Assistant City Attorney Jannette S. Goodall
City Secretary OR T,/
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ADOPTED AND EFFECTIVE:November 8,2022 U
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• Potential Brownfields*
Proposed Brownfields Assessment Area (17 sq. mi.)
City of Fort Worth SITE MAP
*properties identified in 2020 as potential Brownfields
0 1 2 3 4
Miles
FORT WORTH®
Base Map:CITY OF FORT WORTH GIS
Betsy Yost I October 2022 I Map Source:X:\07_ENVIRONMENTAL\GIS\MC_Report_Brownfields_100522
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0905
LOG NAME: 23ASSESSMENT GRANT AND CLEANUP APPLICATION
SUBJECT
(ALL)Authorize Application for and, if Awarded,Acceptance of a Grant from the United States Environmental Protection Agency in an Amount Up
to $500,000.00 for Conducting Environmental Site Assessments and Developing Cleanup Plans for the Neighborhoods Included Within the
Boundaries of United States Highway 287/Interstate Highway 30, Interstate Highway 35 West, East Berry Street,and Interstate Highway 820 in
Fort Worth and a Grant from the United States Environmental Protection Agency in an Amount Up to$2,000,000.00 for Asbestos Abatement
Activities Necessary for the Fort Worth Convention Center Future Redevelopment Project,Authorize Execution of Related Grant Agreements,and
Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize application for and, if awarded,acceptance of a grant from the United States Environmental Protection Agency in an amount up to
$500,000.00 for conducting environmental site assessments and developing cleanup plans for brownfields in the neighborhoods included
within the boundaries of United States Highway 287/Interstate Highway 30, Interstate Highway 35 West, East Berry Street,and Interstate
Highway 820 in Fort Worth;
2. Authorize application for and, if awarded, acceptance of a grant from the United States Environmental Protection Agency in an amount up to
$2,000,000.00 for asbestos abatement activities necessary for the Fort Worth Convention Center future redevelopment project;
3. Authorize the City Manager to execute all applicable grant contracts including renewals and amendments; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject
to receipt of the grants, in an amount up to$2,500,000.00.
DISCUSSION:
The City of Fort Worth's (City) Brownfields Program promotes redevelopment of qualifying brownfield sites through identification of environmental
hazards through environmental site assessment and cleanup of environmental contaminants,where possible.A brownfield is an abandoned or
underutilized building/structure or vacant land that has real or perceived environmental contamination which prevents redevelopment. In Fiscal
Year 2023,the City of Fort Worth is eligible to apply for funding under the subject grant programs known as the Environmental Protection Agency
(EPA) Brownfields Assessment Grant Program and the EPA Brownfields Cleanup Grant Program. Indirect costs are not associated with these
grant opportunities.
If awarded,the 2023 EPA Brownfields Assessment Grant would provide up to the maximum award of$500,000.00 in funding under the Small
Business Liability Relief and Brownfield Revitalization Act and under§104(k)(2)of the Comprehensive Environmental Response, Compensation,
and Liability Act(CERCLA). This type of grant allows the City to provide direct service to support various public and private land development
projects by providing environmental site assessment services,typically before land transactions occur.These assessments can directly save on
necessary environmental due diligence costs and be used to inform cleanup plans or to facilitate remediation and subsequent reuse and
redevelopment.While grant-funded activities can be City-wide,these funds will be directed at sites with either hazardous substance or petroleum
contamination located in the neighborhoods included in the boundaries of United States Highway 287/Interstate Highway 30, Interstate Highway 35
West, East Berry Street, and Interstate Highway 820. If awarded to the City,the grant period is 36-months.
If awarded,the 2023 EPA Brownfields Cleanup Grant would provide up to the maximum award of$2,000,000.00. Funds awarded through the EPA
Brownfields Cleanup Grant Program can only be used to complete cleanup activities for a specified brownfield site that is contaminated by
hazardous substances, pollutants, contaminants, and/or petroleum products. If awarded,grant funding would be used to pay for future, required
asbestos abatement in support of the planned redevelopment project for the Fort Worth Convention Center.All grant funds and timelines would
align with goals set by the Public Events and Property Management Departments. If awarded to the City,the grant period is 48-months.
Because no City salaries will be charged, indirect cost recovery does not apply.
A Form 1295 is not required because: This contract will be with a governmental entity,state agency or public institution of higher education: EPA
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds
will be available in the current operating budget,as appropriated, in the Grants Operating Federal Fund.The Code Compliance Department(and
Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred,
the Code Compliance Department has the responsibility to validate the availability of funds.This is a reimbursement grant.
Submitted for City Manager's Office W. Valerie Washington 6199
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B.Carson 6336