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HomeMy WebLinkAboutOrdinance 16369-04-2005ORDINANCE NO. 16369-04-2005 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH {1986}, AS AMENDER, BY THE AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE," ARTICLE IV "GROUNDWATER AND SURFACE WATER QUALITY," BY ADDING APPENDIX "A" "MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH," DESIGNATING CFW-MSD-0001, PROVIDING FOR THE PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE AND IRRIGATION PURPOSES IN CFW-MSD-0001, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERAIIILITY CLAUSE; PROVIDING A FINE OF UP TO 52,000.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN TIIE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, K.irnco Montgomery Plaza, LP (Applicant) has filed an application with the City of Fort Worth for the city's approval of a Municipal Setting Designatiaza (MSD) for the property located at 2600 W. 7th Street, Fart Worth, Texas, an appraximateiy 46.1911-acre tract, more fully described as Lot 1, Block 1, Montgomery Ward & Company Addition, Fort Worth, Tarrant County; Texas (Site); 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} far certification of an MSD for the Site pursuant to Texas Health and Safety Cade, 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 Page 1 a1' 6 WHEREAS, the City Council of the City of Fort Worth is of the opinion that it is in the best interest of the of the public and the .city to support Applicant's application to the Texas Commission on Environa~nental 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 WIFIEREAS, 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 ~'VIIEREAS, where public drinking water is available, the potable use of groundwaterrn 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 ~' ORDAIlVED BY THE CITY COUNCIL OF TI-lE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. That Part a "Cade," Chapter 12.5 "Environmental Protection and Compliance," Article 1'V, "Groundwater and Surface Water Quality," of the Cade of the City of Fort Worth {19$6) as amended, is hereby amended by the addition of Appendix A, "Municipal Setting Designation Sites in Fort Worth" to read as follows: APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN F®RT WORTH 1. CFW-MSD-000. Wage 2 of 6 {a) CFW-MSD~0001 is defined as follows: BEING all that certain lot, tract, ar parcel of land situated in the City of Fort Worth, Tarrant County, Texas, and being all of Lot 1 in Block 1 of Montgomery Ward & Company Addition, an addition to the City of Fart Worth, Texas, according to the plat thereof recorded in Volume 388-138 at Page 5 of the Plat Records of Tarrant County, Texas, and being mare particularly described by metes and bounds as follows: BEGINNING at an "x" found in concrete in the East right of way line of Carroll Street {64 foot right of way) for the Northwest corner of said Lot 1 in Black 1 of Montgomery Ward & Company Addition; THENCE South 89° 55' 00" East {Bearing Basis is the plat of Montgomery Ward & Company Addition recorded in Volume 388-138 at Page 5 of the Plat Records of Tarrant County, Texas) along the North line of said Lot 1 in Block ] of Montgomery Ward & Company Addition, and being common to South line of the Weisenbrger Addition, an addition to the City of Fart Worth, Texas, according to the plat thereof recorded in Volume 388-A at Page 120 of the Plat Records of Tarrant County, Texas, far a distance of 1419.00 feet to a 1/z" iron rod found far the Northeast corner of said Lot 1 in Block 1 of the Montgomery Ward & Company Addition, said paint also being in the West right of way line of the St. Louis --San Francisco -~ Texas Railroad (12S fact right of way); THENCE South 22° 07' 45" West along the common line of said Lot 1 in Block 1 of the Montgomery Ward & Company Addition and the St. Louis -San Francisco -Texas Railroad for a distance of 2134.15 feet to a p.k. nail found for the Southeast corner of said Lat I in Block 1 of the Montgomery Ward & Company Addition, said point also being in the North right of way line of West Seventh Street (100 foot right of way); THENCE North 89° 59' S8" West along the common line of Lot 1 in Block 1 of the Montgomery Ward & Company Addition and West Seventh Street far a distance of 615.07 feet to a'/z" iron rod found for the Southwest corner of Lot 1 in Block 1 of the Montgomery Ward & Company Addition, said point also being in the East right of way line of Carroll Street (64 font right of way); THENCE North along the common line of said Lot 1 in Black 1 of the Montgomery Ward & Company Addition and the East right of way line of Carroll Street for a distance of 1979.00 feet to the POINT OF BEGINNING and CONTAINING 46.T911 ACRES OF LAND, more or less. Fage 3 of 6 (b) The designated groundwater beneath CFW-MSD-ggql is shallow, perched groundwater within the alluvial deposits underlain by the Fort Worth Limestone Formation. The groundwater table is an average approximately 14 feet below ground surface (ft-bgs) and the top of the underlying limestone formation is at an average depth of approximately 20 ft-bgs. The limestone formation is a confining geologic layer for the shallow groundwater table. (c) The following contaminants associated with historical uses of the Site have been detected within the designated groundwater at concentrations exceeding residential assessment levels far potable use: ® Bromamethane Methylene Chloride ® Trichlaraethene (TCE) ® Tetrachloroethene (PCE) 2-Methylnaphthalene Benzo(b)fluoranthene e Bexazo(a)pyrene * TPH {C~ - CT2) ® TPH {C~a -Cis) ® Cadmium ® Lead (d) The use of the designated groundwater in CFW-MSD-ggql 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 Commission an Environmental Quality, as much as is practicable, prior to enacting an ordinance repealing or amending this section. SECTIQN 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fart Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict. with the provisions of such ordinances and such Cade, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Page 4 of 6 SECTI[®N 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 judgrxaent 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 ar 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 {$2,004.40) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTI®N 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, bath civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts. sECT><oN s. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two {2) days in the official newspaper of the City of Fart Worth, Page 5 of 6 Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fnrt Worth, Texas and by Section 52A13, Texas Local Gavernrrxent Code. SECTION 7. This ordinance shall be in full force and effect after its passage and publication as required by law, and itrs sa ordained. APPROVED A.S TO FORM AND LEGALITY: DAVID YETT, CITY ATTORNEY ~~ ~~ ASSISTA CITY ATTOR DATE: <) EFFECTIVE: Page 6 of 6 City oaf F~r~ VI/or~h, Texas r d ®u~~n~il ®rr~rruicat~~ COUNCIL ACTION: Approved on 4/12/2005 -Rea, No. 3187-04-2005 & Ord. No. 16369-04-2005 DATE: Tuesday, April 12, 2005 LOG N.4lVlE: 52MSD REFERENCE NO,; G-14746 SUBJECT: Approve Application from Kimco Montgomery Plaza, L. P. for a Municipal Setting Designation (MSD}, for the Property ~.ocated at 2600 West 7th Street; Adoption of a Resolution Supporting the Application for an MSD to the Texas Commission on Environmental Quality; and Adoption of an Ordinance Prohibiting the Potable Use of Groundwater from the MSD RI:C~}IVIMEIV©ATIQN: It is recommended that the City Council: 1. Conduct a public hearing on the application of Kimco Montgomery Plaza, t..P. for approval of a Municipal Setting Designation (MSD) for the property located at 2600 West 7th Street, an approximate ~46- acre tract, more fully described as Lot ~, Block 1, Montgomery Ward & Company Addition, Fort Worth; Tarrant County, Texas ("Site"}, 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 (TCEQ} for an MSD for the Site; and 3. Adopt the attached ordinance prohibiting the potable use and other irrigation uses of designated groundwater from beneath the site. ®ISCUSaION: In 2003, a state law became effective creating the concept of a Municipal Setting Designation (MSD). The purpose of this Brownfield Economic Redevelopment tool is to certify properties in order fo limit the scope of or eliminate the need for investigation ar 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 Texas Commission on Environmental Quality (TCEQ) far certification of their property as an MSD. Ef granted, the applicant 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 forma[ 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}. State law says the ordinance may also appropriately restrict other uses of tha# groundwater. In .tanuary 2005, City Council adapted 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 fling an application with the City; 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. Lognam:e: 52M~D Page 1 of 2 On February 21, 2005, Kimco Montgomery Plaza, L.P., filed an applica#ion with the City seeking support of an MSD of 2600 West 7th Street, the site of the farmer Montgomery Ward catalog store. City staff from the departments of Environments! Management, Water, Transportation and Public Works, Developmen# and Engineering reviewed the application far potential impacts to City interests. No comments were received within the comment period. Public Notice was issued as required by Ordinance and a Public Meeting was held in the community on April 7th, 2005. The designated groundwater beneath the Site is shallow, perched groundwater within the alluvial deposits underlain by the t=ort Worth Limestone Formation. Based on available information, the groundwater table is on average approximately 14 feet below ground surface (ft-bgs} and the top of the underlying limestone formation is at an average depth of approximately 20 ft-bgs. The limestone formation is a confining geologic layer for the shallow groundwater table. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The chemicals of concern identi#ied in the designated groundwater, in concentrations exceeding residential assessment levels for potable water use, consis# of petroleum hydrocarbons, metals, volatile organic compounds and semi_volatile organic compounds. The parties responsible for the groundwater contamination associated with historical activities conducted at the site include Montgomery Ward and others. This Municipal Setting Designation (MSD) will be located in COUNCIL DISTRICT 9. 1"ISCAL lNF©RMATI®NICERTII=ICATION: The Finance Director certifies that this action will have no material effect nn City funds. T® FundlAccountlCenters FROM FundlAccountlCenters Submitkeel for,,C„ity__Manager's ®ffice bvbv. Libby Watson (6'[83) Ori inatin De artment Head: Brian Boerner (6647) Additional Information Contact: Kathryn Hansen (8136} Lognarne: 52MSD Page 2 of 2