HomeMy WebLinkAbout6258-02-2026 - City Council - ResolutionA Resolution
IN SUPPORT OF THE APPLICATION OF
SOUTH FREEWAY PROPERTY
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION (MSD 0035A) LOCATED AT:
5921 and 5933 SOUTH FREEWAY,
FORT WORTH, TEXAS
NO. 6258-02-2026
WHEREAS, the BAIR Holdings, LLC (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for the site located at 5921 and 5933 South Freeway
(South Freeway Property), Fort Worth, Texas, the metes and bounds description being attached hereto as
Exhibit "A" (Site) to the Texas Commission on Environmental Quality; and
WHEREAS, a public meeting on the application for support was held in Fort Worth on January
8, 2026, and a public hearing was held in Fort Worth on January 27, 2026, 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 a contaminant
identified within the designated groundwater, associated with historical uses of the Site, that has been
detected in concentrations exceeding residential assessment levels for potable use is arsenic; 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
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.
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 1 Och day of February 2026.
ATTEST:
By:
Jannette S. Goodall, City Secretary
EXHIBIT A
SITE
5921 AND 5933 SOUTH FREEWAY
FORT WORTH, TEXAS
LEGAL DESCRIPTION;
Being a tract of land in the Leigh Oldham Survey, Abstract No. 1198, in the City of Fort Worth,
Tarrant County, Texas, being a part of that called 57-833/1000 acre tract of land described in
Special Warranty Deed to Arltel, Inc. as recorded in Volume 11852, Page 325 in the Official
Records of Tarrant County, Texas (O.R.T.C.T.) (hereinafter referred to as "Arltel track"), and
being more particularly described as follows:
BEGINNING at a 1-inch found iron rod for the common northeast corner of said Arltel tract and
the southeast corner of that called 21-383/1000 acre tract of land described in Warranty Deed
to D&KW Family, L.P. as recorded in Volume 12237, Page 1665 O.R.T.C.T., being on the
common east line of the Leigh Oldham Survey, Abstract No. 1198 and the west line of the
Mitchel Garrison Survey, Abstract No. 598, and being on the west line of Highland Hills
Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume
388-22, Page 87 in the Flat Records of Tarrant County, Texas (P.R.T.C.T.);
THENCE South 00 degrees 24 minutes 09 seconds East, a distance of 1,266.94 feet to a 1/2-
inch set iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred to as "with
cap") for the common southeast corner of said Arltel tract, the southeast corner of the Leigh
Oldham Survey, Abstract No. l l 98, and being on the north line of Lot B in Block 1 of the Alcon
Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume
388-136, Page 33 P.R.T.C.T., and being on the north line of the Sarah J. Rhodes Survey,
Abstract No. 1326;
THENCE South 89 degrees 49 minutes 50 seconds West, along the common north line of said
Lot B and the south line of said Arltel tract, a distance of 2,078.06 feet to a brass "TEXAS
DEPARTMENT OF TRANSPORTATION" monument in concrete found for the northeast
corner of that called 0.402 acre tract of land described as Parcel 30 in Deed to the State of Texas
as recorded in Volume 6997, Page 1788 in the Deed Records of Tarrant County, Texas and being
on the east right-of—way line of Interstate Highway 35-W (variable Width right--of—way);
THENCE North 04 degrees 41 minutes 14 seconds East, departing said common line and along
said east right-of—way line, a distance of 59.16 feet to a brass "TEXAS DEPARTMENT OF
TRANSPORTATION" monument in concrete found for corner;
THENCE North 07 degrees 49 minutes 09 seconds East, continuing along said east right-of-way
line, a distance of 200.79 feet to a point for corner from which the remains of a concrete
monument bears North 59 degrees 03 minutes 39 seconds West, a distance of 0.50 feet;
THENCE North 03 degrees 38 minutes 09 seconds East, continuing along said east right—of—
way line, a distance of 163.76 feet to an X---cut set for corner;
THENCE North 05 degrees 46 minutes 30 seconds East, continuing along said east right-of-way
line, a distance of 318.55 feet to a 1/2-inch set iron rod with cap for the point of curvature of a
circular curve to the right, not being tangent to the preceding course, having a radius of 1,100.92
feet, whose chord bears North 03 degrees 36 minutes 17 seconds East, a distance of 20.13 feet;
THENCE Northeasterly, continuing along said east right-of—way line and along said circular
curve to the right through a central angle of 01 degree 02 minutes 52 seconds, an arc length of
20.13 feet to a brass "TEXAS DEPARTMENT OF TRANSPORTATION" monument in
concrete found for the most southerly corner of that called 0.337 acre tract of land described as
Parcel 1 in Deed to the State of Texas as recorded in Document No. D206136252 O.R.T.C.T.,
and being on a circular curve to the right, not being compound to the preceding course, having a
radius of 1,105.92 feet, whose chord bears North 24 degrees 22 minutes 08 seconds East, a
distance of 549.69 feet;
THENCE Northeasterly, continuing along said east right-of—way line and along said circular
curve to the right, through a central angle of 28 degrees 46 minutes 48 seconds, an arc length of
555. 51 feet to a 1/2—inch found iron rod with cap stamped "COLE 10193871" for the common
northeast corner of said called 0.337 acre tract of land and the southeast corner of that called
0.928 acre tract of land described as Parcel 2 in Agreed Judgment to the State of Texas as
recorded in Document No. 0209203273 O.R.T.C.T.;
THENCE North 89 degrees 32 minutes 47 seconds East, departing said east right-of-way line
and along the common north line of said Arltel tract and the south line of said called 21-
383/1000 acre tract of land, a distance of 1,766.54 feet to the POINT OF BEGINNING AND
CONTAINING 2,504,838 square feet or 57.50 acres of land, more or less.
EXHIBIT B
MAP
5921 and 5933 South Freeway Municipal Setting Designation
MSD 035 South Freeway
0 0.4
Railroads
Municipal Setting Designation
C.:]
Major Highways and Streets
City of Fort Worth
FORT WORTH.
B.
Document Path: X:\ENVIRONMENTALkAdministmfioW
CouncilDisMcte SITE MAP
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/27/26 M&C FILE NUMBER: M&C 26-0078
LOG NAME: 2226MSD-035A SOUTH FREEWAY
SUBJECT
(CD 8) Conduct Public Hearing and Adopt Resolution Supporting the Application of BAIR Holdings, LLC for a Municipal Setting Designation for
the Site Located at 5921 and 5933 South Freeway, Fort Worth, Texas, 76134 to the Texas Commission on Environmental Quality, and Adopt
Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site Pursuant to Chapter 12.5, Article IV, Division 2
Municipal Setting Designation, if Approved (Continued from a Previous Meeting)
(PUBLIC HEARING - a. Staff Available for Questions: Daniel Miracle; b. Public Comment; c. Council Action: Close Public Hearing and Act on
M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow the public the opportunity to give testimony on the application of BAIR Holdings, LLC for approval of a
Municipal Setting Designation for the site located at 5921 and 5933 South Freeway, an approximately 57.5-acre tract of land located in the
Leigh Oldham Survey, Fort Worth, Tarrant County, Texas;
2. Adopt the attached resolution supporting BAIR Holdings, LLC application to the Texas Commission on Environmental Quality for a Municipal
Setting Designation for the 5921 and 5933 South Freeway Site; and
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site, if approved.
DISCUSSION:
On December 8, 2025, BAIR Holdings, LLC filed a City of Fort Worth Municipal Setting Designation (MSD) application requesting support to
apply for a Texas Commission on Environmental Quality (TCEQ) MSD for the Site located at 5921 and 5933 South Freeway, Fort Worth, Texas
76134. This application to the City satisfies the resubmission criteria of City Code Section 12.5-420, as it has been 12 months since an initial
application was submitted for this property.
The application was reviewed by the FWLab, Transportation and Public Works, Development Services, Water, and Environmental Services
Departments. On December 14, 2025, the City published notice in the Fort Worth Star -Telegram for a public meeting to be held on Thursday,
January 8, 2026, at the Highland Hills Community Center, located at 1600 Glasgow Rd. (Public Meeting). The City mailed notices of the Public
Meeting beginning on December 16, 2025. On December 21, 2025, staff published its second notice of the Public Meeting in the Fort Worth Star -
Telegram. By ordinance, notice was issued, and staff conducted a public meeting held at the Highland Hills Community Center, 1600 Glasgow
Rd., on Thursday, January 8, 2026.
The groundwater that is sought to be restricted is shallow, perched, discontinuous groundwater that occurs at depths from the ground surface to
approximately fourteen (14) feet below the ground surface. The affected shallow groundwater is underlain by the Washita Group consisting of the
Grayson Marl and Main Street Limestone on the eastern portion of the site, and the Pawpaw Formation, Weno Limestone, and Denton Clay on the
western portion of the site. The Grayson Marl and Main Street Limestone consist of interbedded limestone and marl with a thickness of 10-60 feet.
The Pawpaw Formation, Weno Limestone, and Denton Clay consist of interbedded calcareous marl and layers of alternating clay, marl, and
limestone with a thickness of 6-45 feet. The Washita Group serves as a regional aquitard preventing vertical migrations of chemicals of concern to
underlying potable aquifers. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The chemicals of concem
detected in the designated groundwater are arsenic, lead, and manganese. The chemicals of concern are attributed to historical waste deposition
of iron slag, foundry sand, and baghouse dust activities on the site.
The Fort Worth Water Department provides water service to all existing residential and commercial/industrial properties located in the project area
and within a half mile of the proposed MSD boundary. All undeveloped properties within a half mile of the site are eligible to receive water service
from the Fort Worth Water Department.
In 2003, Texas state law created the concept of an MSD. TCEQ may limit the scope of investigations and response actions for groundwater
contamination at a site, so long as the groundwater is prohibited for use as a potable water source. Potable water means water used for drinking,
showering, bathing, cooking, or irrigating crops intended for human consumption. A person, typically a developer, must apply to TCEQ in order to
designate an impacted property. If granted, the developer will not be required to clean up designated groundwater at the site to drinking water
standards. However, other cleanup standards, such as inhalation and contact, must still be met. The TCEQ requires that the municipality where the
site is located provide a resolution that supports any application and pass an ordinance prohibiting potable use of groundwater at the subject
property.
In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to the TCEQ for a MSD which includes filing an
application with the City. If approved, this MSD designation is the 35th within the Fort Worth city limit. Approval of the TCEQ MSD application by
the TCEQ will support the use of the subject property consistent with the current zoning.
On June 3, 2024, BAIR Holdings, LLC filed an original application with the City seeking support for a MSD for the site located at 5921 and 5933
South Freeway, Fort Worth, Texas 76134. On November 12, 2024, the City Council considered Mayor and Council Communication (M&C) 24-
0971. The City Council denied the application at that time, citing no site plan. A site plan has been developed as a part of the December 8, 2025
resubmittal.
The location is in COUNCIL DISTRICT 8.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: Wyndie Turpen 6982
Juli Ragland 7251