HomeMy WebLinkAboutResolution 4228-07-2013 A Resolution
NO. 4228-07-2013
IN SUPPORT OF THE APPLICATION OF KEYSTONE EQUITY PARTNERS, LLC
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL
SETTING DESIGNATION FOR QUARRY FALLS INDUSTRIAL GROWTH CENTER NO. 1,
FORT WORTH, TEXAS
WHEREAS, Keystone Equity Partners, LLC (Applicant) has filed an application for support of
a resolution seeking a Municipal Setting Designation for Quarry Falls Industrial Growth Center No. 1,
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 9,
2013, and a public hearing was held in Fort Worth on July 23, 2013, 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 arsenic, lead, MCPA, and
4,4-DDT; 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
FORT WO T
Resolution No. 4228-07-200
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 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.
The property for which designation is sought is subject to an ordinance that prohibits the use of
designated groundwater from beneath the property as potable water and that appropriately restricts other
uses of and contact with that groundwater.
Adopted this 23`d day of July, 2013.
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Resolution No. 4228-07-2013
EXHIBIT A
SOUTH TRACT
Being a tract of land situated in the J.T. Hobbs Survey, Abstract No. 806, the C.E.P.I. &M. Co. Survey, Abstract No. 383 the
I. & G.RR. Co. Survey, Abstract No. 1955, the J. Bowman Survey, Abstract No. 80, the R. Loyd Survey, Abstract No. 986,
the W. Y. Allen Survey, Abstract No. 15, the I. &G.R.R. Co. Survey, Abstract No. 1954 and the R. Vickery Survey, Abstract
No. 1591, Tarrant County, Texas and being the remaining portion of those certain tracts of land as described in deed to
KEYSTONE EQUITY PARTNERS, LLC., as recorded in Volume 15441, Page 37 of the Deed Records of Tarrant County,
Texas and also being the remaining portion of that certain tract of land as described in deed to THOMAS B. BLANTON, as
recorded in County Clerk's Document No. D208415098 of the Deed Records of Tarrant County, Texas and also being the
remaining portion of that certain tract of land as described in deed to GREEN EQUITY PARTNERS LLC, as recorded in
County Clerk's Document No. D212291342 of the Deed Records of Tarrant County, Texas and also being all of that certain
tract of land as described in deeds to COMMERCIAL METALS COMPANY, as recorded in County Clerk's Document No.
D2 121 12161 and D212112162 of the Deed Records of Tarrant County, Texas and also being all of that certain tract of land
as described in deed to BROWN-LEWIS VILLE RAILROAD FAMILY FIRST LIMITED PARTNERSHIP, as recorded in
County Clerk's Document No. 2 12293503 of the Deed Records of Tarrant County, Texas and also being all of those certain
tracts of land as described in deeds to XTO ENERGY INC., as recorded in County Clerk's Document No. D206339786,
D20717542 and D208057378 of the Deed Records of Tarrant County, Texas and being more particularly described by metes
and bounds as follows:
BEGINNING at a magnesium PK nail found at the intersection of the approximate centerline of Old Decatur Road (an
undefined right-of-way) and the southerly right-of-way line of Interstate Highway 820 (a variable width right-of-way);
THENCE, departing the approximate centerline of said Old Decatur Road and along the southerly right-of-way of said
Interstate 820 the following courses:
North 89 degrees 30 minutes 36 seconds East, a distance of 50.34 feet to a 5/8" iron rod found with cap stamped
'PATE' for corner;
North 00 degrees 29 minutes 24 seconds West, a distance of 181.95 feet to a 5/8" iron rod found with cap stamped
'PATE' for corner, at the beginning of a non-tangent curve to the right, having a central angle of 59 degrees 01
minutes 25 seconds, a radius of 300.00 feet and being subtended by a 295.56 foot chord which bears North 29
degrees 04 minutes l8 seconds East;
Along said curve to the right in a northeasterly direction, an arc distance of 309.05 feet to a TxDOT monument
found for corner;
North 58 degrees 23 minutes 45 seconds East, a distance of 35829 feet to a 5/8" iron rod found with cap stamped
'PATE' for corner;
North 43 degrees 27 minutes 52 seconds East,a distance of 310.48 feet to a point for corner;
North 51 degrees 33 minutes 11 seconds East,a distance of 503.59 feet to a 5/8" iron rod found with cap for corner;
North 45 degrees 22 minutes 07 seconds East, a distance of 304.74 feet to a TxDOT monument found for corner, at
the beginning of a curve to the right, having a central angle of 03 degrees 50 minutes 16 seconds, a radius of
11,259.16 feet and being subtended by a 754.04 foot chord which bears North 61 degrees 12 minutes 46 seconds
East;
Along said curve to the right in a northeasterly direction, an arc distance of 754.18 feet to a point for corner;
THENCE departing the southerly right-of-way line of said Interstate Highway 820 and along the common easterly lines of
said Keystone Equity Partners and the westerly lines of Tarrant County Water Control and Improvement District No. 1 as
described in Volume 2866,Page 190 in the Deed Records of Tarrant County,Texas the following courses:
South 18 degrees 12 minutes 09 seconds West,a distance of 720.93 feet to a point for corner;
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Resolution No. 4228-07-2013
South 37 degrees 07 minutes 55 seconds East,a distance of 1503.30 feet to a 18" hackben-y (dead) found for corner;
South 00 degrees 32 minutes 33 seconds West, at a distance of 232,44 feet passing a 3/4" iron rod found at the
northwesterly comer of Meacham Airport Addition, an addition to the City of Fort Worth as recorded in Cabinet A,
Page 2246 of the Plat Records of Tarrant County, Texas and proceeding a total distance of 1733.61 feet to a cotton
gin spindle found for comer and also being on the easterly line of the aforementioned Thomas B. Blanton tract;
THENCE, along the common easterly lines of said Thomas B. Blanton tract and the westerly lines of said Meacham Airport
Addition the following courses:
North 89 degrees 59 minutes 01 seconds East,a distance of 1046.90 feet to a concrete fence post found for comer;
South 08 degrees 45 minutes 54 seconds East, a distance of 692.20 feet to a 5/8" iron rod found with plastic cap
stamped 'PATE' for comer;
South 57 degrees 44 minutes 06 seconds West, a distance of 327.90 feet to a steel fence post found for corner;
South 08 degrees 45 minutes 54 seconds East,a distance of 1050.70 feet to a 3/4"iron rod found for comer;
South 79 degrees 09 minutes 54 seconds East,a distance of 208.00 feet to a 3/4" iron rod found for corner;
South 00 degrees 21 minutes 33 seconds East, a distance of 867.26 feet to a 5/8" iron rod found with plastic cap
stamped 'PATE' for comer;
South 89 degrees 33 minutes 04 seconds East, a distance of 347.22 feet to a concrete post found for comer on the
easterly line of that certain tract of land as described in deed to Sunbelt Cement, Inc. as recorded in Volume 11728,
Page 2318 of the Deed Records of Tarrant County,Texas;
THENCE,along the common lines of said Thomas B. Blanton tract and said Sunbelt Cement tract the following courses:
North 01 degrees 03 minutes 21 seconds West, a distance of 458,12 feet to a 5/8" iron rod found with cap stamped
'1625' for corner;
North 16 degrees 36 minutes 24 seconds West, a distance of 563.26 feet to a 5/8" iron rod found with cap stamped
'162 5' for corner;
South 77 degrees 02 minutes 03 seconds West, a distance of 100.88 feet to a 5/8" iron rod found with cap stamped
'PATE'for corner;
South 12 degrees 57 minutes 57 seconds East, a distance of 128,01 feet to a 5/8" iron rod found with cap stamped
'PATE' for comer;
South 76 degrees 54 minutes 09 seconds West,a distance of 242.40 feet to a railroad spike found for comer-,
South 12 degrees 47 minutes 30 seconds East,a distance of 92.60 feet to a 3/4" iron rod found for comer;
THENCE along the common easterly lines of said Keystone Equity Partners, L.L.C. tract and the westerly lines of a tract of
land as described in deed to Sunbelt Cement Inc,, recorded in Volume 11728,Page 2318 the following courses and distances:
South 77 degrees 12 minutes 30 seconds West,a distance of 130.38 feet to a point for comer;
South 13 degrees 02 minutes I I seconds East, a distance of 329.90 feet to a 5/8" iron rod found with cap stamped
'1625' for comer;
South 41 degrees 37 minutes 07 seconds East, a distance of 409.93 feet to an Y cut found in concrete for comer;
South 13 degrees 00 minutes 20 seconds East, a distance of 602.05 Feet to a 5/8" iron rod found with cap stamped
'1625' for comer;
South 00 degrees 42 minutes 24 seconds East, a distance of 757.46 feet to a I" iron rod found for comer;
South 48 degrees 54 minutes 31 seconds West, a distance of 722.09 feet to a steel fence post found for comer and
also being in the said northeasterly right-of-way line of Angle Avenue(120 foot wide Right-of-Way);
THENCE along the northeasterly right-of-way line of said Angle Avenue the following courses and distances:
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Resolution No. 4228-07-2013
North 41 degrees 20 minutes 59 seconds West, along said Angle Avenue, a distance of 2038.75 feet to a 3/4" iron
rod found for corner and the beginning of a curve to the left, having a central angle of 14 degrees 21 minutes 35
seconds, a radius of 1180.00 feet and being subtended by a 294.96 foot chord which bears North 48 degrees 31
minutes 47 seconds West;
Along said curve to the left, in a northwesterly direction, an arc distance of 295.74 feet to a bent 5/8" iron rod found
for corner;
North 55 degrees 42 minutes 34 seconds West, a distance of 1477.47 feet to a 3/4" iron rod found at the intersection
of the northeasterly right-of-way of Angle Avenue and the easterly right-of-way line of the aforementioned Old
Decatur Road;
THENCE along the easterly right-of-way line of said Old Decatur Road the following courses and distances:
North 08 degrees 09 minutes 11 seconds West, a distance of 78.06 feet to a 5/8" iron rod found at the beginning of a
non-tangent curve to the left, having a central angle of 27 degrees 50 minutes 05 seconds, a radius of 230.00 feet and
being subtended by a 110.64 foot chord which hears North 05 degrees 51 minutes 31 seconds East;
Along said curve to the left in a northeasterly direction, an arc distance of 111.74 feet to a 3/4" iron rod found for
corner;
North 20 degrees 27 minutes 59 seconds West,a distance of 51.20 feet to a 5/8"iron rod found for corner;
South 81 degrees 56 minutes 31 seconds West, a distance of 16.46 feet to a magnesium pk nail found for corner;
North 08 degrees 22 minutes 12 seconds West, a distance of 429.28 feet to a magnesium pk nail found in the
approximate centerline of said Old Decatur Road for corner;
THENCE North 00 degrees 29 minutes 04 seconds West, along the approximate centerline of said Old Decahu Road, a
distance of 3233.45 feet to the POINT OF BEGINNING and containing 18,807,912 Square Feet or 431.770 Acres of Land,
more or less.
NORTH TRACT
Being a tract of land situated in the J. T. Hobbs Survey, Abstract No. 806, the R. Musselman Survey, Abstract No. 1 102 and
the A. F. Albright Survey, Abstract No. 1849,Tarrant County,Texas and being all of that certain tract of land as described in
deed to KREG EQUITIES LTD., as recorded in County Clerk's Document No. D208415133 of the Deed Records of Tarrant
County,Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a brass cap monument found at the intersection of the northerly right-of-way line of Interstate Highway 820
(a variable width right-of-way)and the easterly right-of-way line of Old Decatur Road(a variable width right-of-way);
THENCE, departing the northerly right-of-way line of said Interstate Highway 820 and along the easterly right-of-way of
said Old Decatur Road the following courses and distances:
North 49 degrees 54 minutes 33 seconds West, a distance of 112.74 feet to a 5/8"iron rod with cap stamped'PATE'
found for corner;
North 00 degrees 28 minutes 42 seconds West, a distance of 393.96 feet to a 5/8" iron rod with cap stamped 'PATE'
found for corner;
North 08 degrees 54 minutes 16 seconds West, a distance of 453.32 feet to a 5/8" iron rod with cap stamped 'PATE'
found for corner;
North 10 degrees 52 minutes 50 seconds West, a distance of 364.02 feet to a 5/8" iron rod with cap stamped 'PATE'
found for corner at the southwesterly corner of The Quarry addition, an addition to the City of Fort Worth, Texas as
recorded in Cabinet A, Slide 8696 and Cabinet A, Slide 10514 of the Deed Records of Tarrant County,Texas;
THENCE, along the northerly lines of said KREG Equities LTD. tract and the southerly lines of The Quarry the following
courses and distances:
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Resolution No. 4228-07-2013
North 79 degrees 07 minutes 10 seconds East, a distance of 259.75 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer at the beginning of a curve to the left,having a central angle of 38 degrees 40 minutes 12 seconds,a
radius of 1,000.00 feet and being subtended by a 662.18 foot chord which bears North 59 degrees 47 minutes 04
seconds East;
Along said curve to the left in a northeasterly direction, an are distance of 674.92 feet to a 5/8" iron red with cap
stamped 'PATE' found for comer at the end of said curve;
North 40 degrees 26 minutes 57 seconds East, a distance of 87.31 feet to a 5/8" itin rod with cap stamped 'PATE'
found for corner-,
North 00 degrees 32 minutes 42 seconds West a distance of 197.28 feet to a 5/8" iron rod with cap stamped 'PATE'
found for corner;
North 39 degrees 03 minutes 54 seconds East, a distance of 109.29 feet to a 5/8" iron rod with cap stamped 'PATE'
found for corner;
North 56 degrees 44 minutes 36 seconds East, a distance of 170.35 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
South 61 degrees 33 minutes 57 seconds East, a distance of 111.08 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
North 75 degrees 15 minutes 58 seconds East, a distance of 274.33 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
North 40 degrees 43 minutes 44 seconds East, a distance of 193.22 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
North 47 degrees 27 minutes 04 seconds East,a distance of 464.59 feet to an Y cut in rock found for comer;
North 25 degrees 33 minutes 52 seconds East,a distance of 121.39 feet to an Y cut in rock found for comer;
North 55 degrees 52 minutes 37 seconds East,a distance of 204.92 feet to an Y cut in rock found for comer;
South 72 degrees 24 minutes 53 seconds East, a distance of 186.64 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
North 75 degrees 28 minutes 30 seconds East, a distance of 45.56 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
North 39 degrees 33 minutes 30 seconds East, a distance of 189.18 feet to a 5/8" iron rod with cap stamped 'PATE
found for comer;
North 84 degrees 33 minutes 30 seconds East, a distance of 56,57 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
South 50 degrees 26 minutes 30 seconds East, a distance of 300.96 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer at the southeasterly corner of said The Quarry;
THENCE, along the westerly lines of said KREG Equities LTD. tract and the easterly lines of The Quarry the following
courses and distances:
North 13 degrees 46 minutes 10 seconds East, a distance of 435.92 feet to a 5/8" iron rod with cap stamped IW
BARROW' found for corner;
North I I degrees 20 minutes 10 seconds East, a distance of 4 17.73 feet to a 5/8" iron rod with cap stamped 'PATE'
found for corner at the northeasterly corner of said The Quarry;
THENCE, along the southerly lines of said KREG Equities LTD. tract and the northerly lines of The Quarry the following
courses and distances:
South 89 degrees 16 minutes 10 seconds West, a distance of 238.72 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
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Resolution No. 4228-07-200
South 89 degrees 35 minutes 10 seconds West, a distance of 1279.81 feet to a 5/8" iron rod with cap stamped
PATE' found for comer at the southeasterly corner of a tract of land as described in deed to Centex Homes as
recorded in Volume 15988, Page 363 of the Deed Records of Tarrant County,Texas;
THENCE North 22 degrees 52 minutes 42 seconds West, along the northwesterly line of said Keystone Equity Partners tract
and the southeasterly line of said Centex Homes tract, a distance of 54.11 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer at the northeasterly comer of said Centex Homes tract and being on the southerly right-of-way line of the
Texas Electric Service Company (tract 2 - 80 foot wide right-of-way) as recorded in Volume 14403, Page 441 of the Deed
Records of Tarrant County,Texas;
THENCE North 89 degrees 35 minutes 10 seconds East, along the northerly line of said KREG Equities LTD. tract and the
southerly right-of-way line of said Texas Electric Service Company (tract 2), a distance of 1300.35 feet to a 5/8" it-on rod
with cap stamped 'PATE' found for comer at the intersection on the southerly right-of-way line of said Texas Electric Service
Company (tract 2) and the southerly right-of-way line of Texas Electric Service Company (tract I - 75 foot wide right-of-
way);
THENCE North 89 degrees 16 minutes 10 seconds East, along the northerly line of said KREG Equities LTD. tract and the
southerly right-of-way line of said Texas Electric Service Company (tract 1), a distance of 300.40 feet to a 3/4" iron rod
found for comer on the westerly line of the Tarrant County Water Control, and Improvement District No. I as recorded in
Volume 2866,Page 188 of the Deed Records of Tarrant County,Texas;
THENCE along the westerly lines of said Tarrant County Water Control and Improvement District No. I and the easterly
lines of said KREG Equities LTD. tract the following comes and distances:
South I I degrees 20 minutes 10 seconds West, a distance of 480.60 feet to a 5/8" iron rod with cap stamped 'PATE'
found for comer;
South 13 degrees 46 minutes 10 seconds West, a distance of 557.30 feet to a 3/4" iron rod found for comer;
South 22 degrees 33 minutes 58 seconds West, a distance of 791.32 feet to a brass monument stamped 'TCWC'
found for comer;
South 19 degrees 46 minutes 58 seconds West, a distance of 445.10 feet to a 3/4" iron rod found for comer;
South 44 degrees 47 minutes 58 seconds West, a distance of 398,70 feet to a 5/8" iron rod with cap stamped 'PATE'
found for corner;
South 32 degrees 28 minutes 02 seconds East, a distance of 197,27 feet to a 3/4" iron rod found for comer on the
northerly right-of-way line of the aforementioned Interstate Highway No. 820 and being the beginning of a non-
tangent curve to the left, having a central angle of 04 degrees 16 minutes 48 seconds, a radius of 11,659-16 feet and
being subtended by a 870.74 foot chord which bears South 62 degrees 25 minutes 14 seconds West;
THENCE, along the northerly right-of-way line of said Interstate Highway No. 820 and the southerly line of said KREG
t�
Equities LTD. tract the following courses and distances:
Along said curve to the left in a southwesterly direction, an arc distance of 870.94 feet to a 3/4" iron rod found for
comer at the end of said curve;
South 67 degrees 53 minutes 17 seconds West,a distance of 462.80 feet to a 3/4" iron rod found for comer,
South 62 degrees 34 minutes 02 seconds West,a distance of 551.45 feet to a monument(broken) found for corner;
South 58 degrees 24 minutes 27 seconds West, a distance of 293.20 feet to the POINT OF
BEGINNING and containing 3,805,326 square feet or 87.358 acres of land, more or less.
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Resolution No.4228-07-2013
EXHIBIT B
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ReSOILItion No. 4228-07-2013
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/23/2013 - Ordinance No. 20834-07-2013 and Resolution
No. 4228-07-2013
DATE: Tuesday, July 23, 2013 REFERENCE NO.: G-17952
LOG NAME: 20MSD QUARRY FALLS
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Supporting the Application of Keystone Equity Partners, LLC,
for a Municipal Setting Designation for the Property Located Along the East Side of Old Decatur Road at
Northwest Loop 820, Fort Worth, Texas, 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 Keystone Equity Partners, LLC, for approval of a
Municipal Setting Designation for the property located along Old Decatur Road at Northwest Loop 820, a
519.13 acre site more fully described in the metes and bounds description included with the attached
resolution, 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 4, 2013, Keystone Equity Partners, LLC, filed an application with the City seeking support of a
Municipal Setting Designation (MSD) for properties located along Old Decatur Road at Northwest Loop
820, Fort Worth, Texas. The site includes 87.358 acres north of Northwest Loop 820 and 431.77 acres
south of Northwest Loop 820, extending southward to the intersection of Angle Avenue and Limestone
Acres.
Staff from the 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 the Diamond
Hill Community Center on July 9, 2013.
The groundwater that is sought to be restricted is shallow, perched groundwater that is underlain by a
confining layer of approximately 500 feet in thickness. The affected shallow groundwater is not a
designated, recognized major or minor aquifer. The chemicals of concern detected in the designated
groundwater include arsenic, lead, MCPA (herbicide) and 4,4-DDT.
The Fort Worth Water Department provides water service to all existing residential and commercial/
Logname: 20MSD QUARRY FALLS Page I of 2
industrial properties within the City limits of the City of Fort VVOrth, within half mile of the K4SO
boundary. All undeveloped properties (within the City limits of the City Of Fort Worth) within half a mile of
the site are eligible to receive water service from the Fort Worth VVaUyr D8p@rt0eOt, in accordance with the
Texas Water Service Certificate of Convenience and Necessity (CCN) No. 12311 (City Cf Fort Worth) and
the City Of Fort Worth Policy for the Installation Vf Community Services. The City Of Saginaw has @border
within half a mile Of the K4S[) boundary.
|n20U3. a state law became effective creating the concept OfaMSD. The purpose OfeMSOis \o 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 8SaK8SC>. 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 beby means Ofa City Council resolution supporting the
application and an ordinance prohibiting potable use of groundwater in the K4SD (potable water is water
used for irrigating crops intended for human consumption, drinking' shVVVering, bathing 0rcooking
purposes).
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the
TCE(] for oK4SO (V get support Of that application from the City Council. The procedure includes filing an
application with the City, Staff review of the application for pOteDd3| irOpGCtS to Qty int8r8sts, a public
meeting held for the purpose of providing information on the application to the affected community and a
public hearing.
The Site is located in COUNCIL DISTRICT 2, MapSCO47yW. 47{}, 47R, 47U, 47V, 47Z and 48N, 48S and
48VV.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this 8(tiOU will have no material effect on City
funds.
FUND CENTERS:TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:Submitted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head: Douglas VKVVia i /7801\
Additional Information Contact: yWiohae| Gange /6569\