HomeMy WebLinkAbout28315-02-2026 - City Council - OrdinanceORDINANCE NO. 28315-02-2026
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (2015), 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 24 DESIGNATING CFW-MSD-
0035A, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0035A; 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, BAIR Holdings, LLC (Applicant) has filed an application for support
of a resolution seeking a Municipal Setting Designation (MSD) for the site located
at 5921 and 5933 South Freeway, Fort Worth, Texas, the metes and bounds
description being attached hereto as Exhibit "A" (Site); and
WHEREAS, notice to all interested parties has been provided in accordance with
all applicable law, a public meeting was held on January 8, 2026 in accordance with
applicable law, and a public hearing before the City Council was scheduled for the
January 27, 2026, but was continued until February 10, 2026; 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
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WHEREAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater and soil 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
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 (2015) as amended, is hereby amended by the addition of Section
24 to read as follows:
APPENDIX A — MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
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24. CFW-MSD-0035A
(a) CFW-MSD-0035A is defined and designated as follows: Being a tract of
land situated in the City of Fort Worth, Tarrant County, Texas and being
more particularly described by metes and bounds description (Exhibit A)
and map of CFW-MSD-0035A (Exhibit B).
(b) The designated groundwater beneath CFW-MSD-0035A is shallow,
perched, discontinuous groundwater that occurs at depths from 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 the site. The Grayson Marl and Main Street Limestone
consists 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 the chemical of concern
to underlying potable aquifers. The affected shallow groundwater is not a
designated, recognized major or minor aquifer. The chemicals of concern
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.
(c) The use of the designated groundwater in CFW-MSD-0035A for potable
and irrigation purposes is hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards.
(d) City may perform additional groundwater testing for up to two years after
the City issues a Grading Certificate for the Site.
(e) The City shall require testing to be proven and reported back to Fort Worth
City Council and to the community before any progress can happen on the
development Site.
(f) 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 (2015), as amended, except where the provisions of this ordinance are in direct conflict
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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 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.
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SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption
summarizing the purpose of this ordinance and the penalty for violating this ordinance for two (2)
days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local
Government Code Subsection 52.013.
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.
APPROVED AS TO FORM AND LEGALITY:
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Kevin Anders
Senior Assistant City Attorney
ADOPTED:February 10, 2026
EFFECTIVE: February 27, 2026
CITY SECRETARY
Jannette S. Goodall
City Secretary
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Page 5 of 8
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 57833/1000
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 21383/1000 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. 1198,
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);
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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.
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EXHIBIT B
MAP
5921 and 5933 South Freeway Municipal Setting Designation
MSD 035 South Freeway
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Page 8 of 8
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 Mari 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 concern
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 / 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