HomeMy WebLinkAboutOrdinance 19379-09-2010 ORDINANCE No. 19379-09-2010
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE
AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," ARTICLE IV
"GROUNDWATER AND SURFACE WATER QUALITY,"
BY AMENDING APPENDIX "A" "MUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH," BY THE
ADDITION OF SECTION 19; DESIGNATING CFW-MSD-
0019, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0019; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO
$2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, ENTACT, LLC, (Applicant)has filed an application for support of a
resolution seeking a Municipal Setting Designation (MSD) for the site known as
1100 Everman Parkway, Fort Worth, Texas, the metes and bounds description
being attached hereto as Exhibit"A" (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) for 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 provisions concerning groundwater contamination investigation
and response actions at the Site; and
WHEREAS, the City Council of the City of Fort Worth is of the opinion that it is
in the best interest of the public to support Applicant's application to the Texas
Page 1 of 8
Commission on Environmental Quality for a Municipal Setting Designation for
the Site; and
WHEREAS, in order for the TCEQ to certify the Site the city must prohibit the
potable use of groundwater from beneath the Site; and
WHEREAS, 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
WHEREAS, where public drinking 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 presents an 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:
SECTION 1.
Chapter 12.5 "Environmental Protection and Compliance," Article IV, "Groundwater and
Surface Water Quality," Appendix A, "Municipal 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 19 to read as follows:
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT NORTH
19, C FW-MSD-0019
(a) CFW-MSD-0019 is defined as follows:
Being a tract of land situated in the City of Fort Worth, Tarrant County,
Texas and being Gearhart-Owen Industrial Addition, Lot 1 R 1, Block 1,
said tract of land being more particularly described by metes and bounds
description (Exhibit A) and map of CF`]V - MS D -- 0019 (Exhibit B).
Page 2 of 8
(b) The designated groundwater beneath CFW-MSD-0019 is shallow, perched
groundwater that occurs at depths of seven (7) to fifteen (15) feet below
the ground surface (bgs). The affected shallow groundwater is underlain by
a confining layer of approximately 535 feet in thickness. This layer serves
as a regional aquitard that prevents vertical migration of the chemicals of
concern in the shallow groundwater to the underlying aquifers. The
chemicals of concern identified in groundwater beneath the site exceeding
applicable Tier 1 Texas Risk Reduction Program (TRRP) Residential
Protection Concentration Levels (PCLs) include 1,1-dichloroethylene; 1,2-
dichloro ethylene-cis; trichloroethylene; tetrachloroethylene; and vinyl
chloride.
(c) The use of the designated groundwater in CFW-MSD-0019 for potable
and irrigation purposes is hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards.
(d) The City will provide advance written notice to the Texas Commission on
Environmental Quality, as much as is practicable, prior to enacting an
ordinance repealing or amending this section.
SECTION 2,
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Fort Worth, Texas (1986), 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.
SECTION 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
Page 3 of 8
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence,paragraph, or 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 ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 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,
both civil and criminal, 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 and
Section 4 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas
and by Section 52.013, Texas Local Government Code.
SECTION 7.
This ordinance shall be in full force and effect after its passage and publication as required by law,
and it is so ordained.
Page 4 of 8
APPROVED AS TO FORM AND LEGALITY:
DAVID YETT, CITY ATTORNEY
By CHRISTA RE OLDS
ASSISTANT CITY ATTORNEY
Adopted: September 28, 2010
Effective: 7
Page 5 of 8
E xhibit A
1100 Everman Parkway
Metes and Bounds
23.5 Acre Tract
Lot 1 R 1,Block 1,GEARHART-OWEN INDUSTRIAL ADDITION to the City of Fort Worth,Tarrant
County.Texas,according to the plat recorded in Cabinet A, Slide 11882,Plat Records,Tarrant County,Texas,
being more particularly described by metes and bounds as follows:
BEGINNING at a set 112" steel rod at the northerly northwest corner of said Lot 1 R 1,Block 1,in the south
right-of-way line of Everman Parkway,a 120 feet wide public street, said point also being the northeast corner
of Lot A-R,Block 1-R,Everman National Bank Addition to the City of Fort Worth,Tarrant County,Texas,
according to the plat recorded in Volume 388-113,Page 297 of said Plat Records;
THENCE along the south right-of-way line of said Everman Parkway and the north line of said Lot 1 R 1,
Block 1,the following three(3)calls:
North 89°52'00" East(Basis of Bearings), 397.54 feet to a set 112" steel rod at the beginning of a curve to the
right.,
Along said curve having a radius of 2200.00 feet,through a central angle of 07'03'00",an arc length of 270.70
feet(long chord bears South 86°36'00" East,270.53 feet)to a set 112" steel rod at a point of reverse curvature;
Along a curve to the left with a radius of 1570.00 feet,through a central angle of 03'12'43",an arc length of
93.52 feet(long chord bears South 84°41'19" East,93.61 feet)to a found"Y"cut in concrete at the northeast
corner of said Lot 1 R1,Block 1;
THENCE South along the east line of said Lot 1 R1, Block 1 and along the west line of a railroad siding,
738.06 feet to a found 112"steel rod at an angle point in the east line of said Lot 1 R 1,Block 1;
THENCE South 00°04'00" West, continuing along the east line of said Lot 1 R1, Block 1, 534.00 feet to the
southeast corner of said Lot 1 R1,Block 1;
THENCE along the south line of said Lot 1 R,Block 1 the following five(5)calls:
South 89°55'00" West, 200.00 feet to a set 112" steel rod;
South 00°04'00" West, 1.00 feet to a point;
South 89°55'00" West, 245.56 feet to a point;
North 00°05'00" West, 16.00 feet to a point;
South 89°55'00" West, 141.30 feet to the westerly southwest corner of said Lot 1R1,Block 1;
THENCE along the west line of said Lot 1 R1,Block 1 the following eleven(11)calls:
North 00°04'00" East, 478.00 feet to a point;
North 89°56'00" West, 99.85 feet to a point;
North, 40.79 feet to a point;
West, 74.00 feet to a point;
North, 80.00 feet to a point;
West, 3 70.10 feet to a point in the east ri ght-of-way line of Interstate Highway No. I-35W;
North along the east right-of-way line of said Interstate Highway No. I-35W, 347.89 feet to a set 112"
steel rod;
North 89°52'00" East, 313.10 feet to an"X"found in concrete;
North, 105.00 feet to an"X"found in concrete;
North 89°52'00" East, 57.00 feet to a set 112" steel rod;
North, 229.04 feet to the Point of Beginning, and containing.1-3.5951 acres(1,027,801 square feet of
land, more or less.
Page 6of8
Exhibit B
1100 Everman Parkway
23.6 Acre Tract
Page 7 of 8
City of Fort Worth, Texas
Mayor and Council Communication.... ......CQUNC[�ACT[�1N: Approved on 9l28C2�'10 - Res............... ...............................Nc�. 3923-t�S•2010 8� C►rd. No. 19379-D9-
20'1 Q
DATE: Tuesday, September 28, 2010 REFERENCE NO.: G-17071
LOG NAME: 52MSD EVERMAN PARKWAY
SUBJECT:
Adopt a Resolution Supporting the Application of ENTACT, LLC for a Municipal Setting Designation for the
National Oilwell Varco Property Located at 1100 Everman Parkway, 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 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of ENTACT, LLC for approval of a Municipal Setting
Designation for the property located at 1100 Everman Parkway, a 23.6-acre tract, more fully described as
Gearhart-Owen Industrial Addition, Lot 1 R1, Block 1, 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 of designated groundwater from beneath the
site.
DISCUSSION:
In 2003, a state law became effective creating the concept of a Municipal Setting Designation (MSD). 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. A person, typically a developer, must apply
to the TCEQ for certification of their property as an MSD. 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 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).
In January 2005, City Council adopted 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 filing
an application with the 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.
Logname: 52MSD EVERMAN PARKWAY Page 1 of 2
On August 2, 2010, ENTACT, LLC filed an application with the City seeking support of an MSD at 1100
Everman Parkway, Fort Worth, TX.
Staff from the Program Management office, Environmental Management, 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 Highland Hills Community Center on September 15, 2010. Three
representatives of the Applicant and three city staff were present. Six residents of Fort Worth and
surrounding cities were in attendance. There were no comments from residents adverse to this
application.
The groundwater that is sought to be restricted is shallow, perched groundwater that occurs at depths of
seven to (15) feet below the ground surface (bgs). The affected shallow groundwater is underlain by a
confining layer of approximately 535 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 1,1-dichloroethylene; 1,2-dichloroethylene-cis; trichloroethylene; tetrachloroethylene;
and vinyl chloride.
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 % mile of the MSD
boundary. All undeveloped properties (within the City Limits of the City of Fort Worth) within % 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 1/2
mile of the MSD boundary.
The site is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that this action 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 bv: Fernando Costa (6122)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname: 52MSD EVERMAN PARKWAY Page 2 of 2