HomeMy WebLinkAboutOrdinance 18394-12-2008ORDINANCE NO. 18394-12-2008
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, 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 16; DESIGNATING CFW-
MSD-0016, PROVIDING FOR THE PROHIBITION OF THE
USE OF GROUNDWATER FOR POTABLE AND
IRRIGATION PURPOSES IN CFW-MSD-0016; 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, Rodanco Partners, Ltd., (Applicant) has filed an application for
support of a resolution seeking a Municipal Setting Designation for the site
known as the 400 S. Jennings Avenue, 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 a 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
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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 further amended by the addition
of Section 16 to read as follows:
APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
CFW-MSD-0016
(a) CFW-MSD-0016 is defined as follows:
Being a tract of land situated in the City of Fort Worth, Tarrant County,
Texas and being Jennings South Addition, Lot 1-R, Block 36, said tract of
land being more particularly described by metes and bounds description
(Exhibit A) and map of CFW -MSD - 0016 (Exhibit B).
Page 2 of 8
(b) The designated groundwater beneath CFW-MSD-0016 is shallow, perched
groundwater that occurs from grade to an approximate depth of twenty (20) feet
below ground surface (bgs). The shallow groundwater unit is underlain by several
limestone and clay formations that extend from approximately twenty (20) feet
bgs to 350 or 400 feet bgs. These formations serve as a regional aquitard that
prevent 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
tetrachloroethylene (PCE), trichloroethylene (TCE) and vinyl chloride.
(c) The use of the designated groundwater in CFW-MSD-0016 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
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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
1
1 ~ I ~ ,
By CHRI A R. RE OLDS
ASSISTANT CITY ATTORNEY
December 9, 2008
Date Adopted
Page 5 of 8
Exhibit A
Rodanco Partners, Ltd., MSD
Metes and Bounds
11.976 Acre Tract
BEING a tract of land situated in the S.G. JENNING S SURVEY, Abstract No. 844,
W.B. TUCKER SURVEY, Abstract No. 1577 and the J.H. CHILDRESS SURVEY,
Abstract No. 250 in the City of Fort Worth and being all of LOT I-R, BLOCK 36 of the
JENNINGS SOUTH ADDITION, an addition to the City of Fort Worth as recorded in
Cabinet B, Slide 931 of the Plat Records of Tarrant County, Texas (PRTCT) and being
all of 4 tracts of land conveyed to RODANCO PARTNERS, LTD as recorded in Volume
14287, Page 293, Volume 15359, Page 190 and Document # . 0207401118 of the
Deed Records of Tarrant County, Texas (DRTCT) and being a portion of WEST
BROADWAY (40' Right-of-Way) and a portion of SOUTH JENNINGS STREET
variable width Right-of-Way), WEST PETERSMITH (40' Right-of-Way) and GRAINGER
(variable width Right-of-Way) and being more particularly described as follows:
BEGINNING at a'/2 inch iron rod found at the most north westerly corner of Tract 1 of
said RODANCO PARTNERS, LTD tract as recorded in Volume 15359, Page 190
DRTCT ), said point being found in the southerly Right-of-Way line, said WEST
BROADWAY;
THENCE departing the southerly Right-of-Way line of said WEST BROADWAY North
02 deg 12 min 00 sec east a distance of 40.00 feet to a point for corner in the northerly
Right-of-Way line~of said WEST BROADWAY;
THENCE along the northerly Right-of-Way line of said WEST BROADWAY South B7
deg 41 min 39 sec East passing though a Pk. Nail found at a distance of 55.41 feet and
passing through the intersection of the northerly Right-of-Way line of said WEST
BROADWAY and SOUTH JENNINGS STREET at a distance of 351.21 feet from which
a Pk. Nail found bears South 00 deg 06 min 40 sec East a distance of 0.58 feet
continuing in all a distance of 417.73 feet to a point for corner in the easterly Right-of-
Way line of said SOUTH JENNINGS STREET;
THENCE along the easterly Right-of-Way line of said SOUTH. JENNINGS STREET as
follows:
South 00 deg 06 min 41 sec East a distance of 98.99 feet to a point for corner;
South 89 deg 53 min 02 sec East a distance of 8.70 feet to a point for corner;
South 00 deg 03 min 53 sec West a distance of 271.60 feet to a point for corner;
Page 6 of 8
THENCE departing the easterly Right-of-Way line of said SOUTH JENNINGS STREET
North 89 deg 23 min 10 sec West passing the westerly Right-of-Way line of said
SOUTH JENNINGS STREET at a distance of 75.76 feet continuing in all a distance of
147.55 feet to a point for corner;
THENCE South 02 deg 29 min 49 sec west passing the northerly Right-of-Way line of
said WEST PETERSMITH at a distance of 65.56 feet continuing in all a distance of
105.56 feet to a point for corner in the southerly Right-of-Way line of said WEST
PETERSMITH;
THENCE along the southerly Right-of-Way line of said WEST PETERSMITH North 87
deg 41 min 39 sec West a distance of 288.10 feet to a point for corner;
THENCE departing the southerly Right-of-Way line of said WEST PETERSMITH North
02 deg 27 min 41 sec East passing the northerly Right-of-Way line of said WEST
PETERSMITH at a distance of 40.00 feet, said point being the most southwesterly
corner of Tract 2 conveyed to RODANCO PARTNERS LTD as recorded in Volume
15359, Page 190 (DRTCT) continuing in all a distance of 139.91 feet to a point for
corner;
THENCE North $7 deg 42 min 33 sec West a distance of 5.02 feet to a point for corner;
THENCE North 02 deg 12 min 00 sec East a distance of 56.20 feet to the most
northwesterly corner of said Tract 2;
THENCE South 87 deg 42 min 33 sec East a distance of 3.05 feet to the most
southwesterly corner of a tract of land conveyed to RODANCO PARTNERS LTD
recorded in Document # D 207401118 (DRTCT );
THENCE North 01 deg 20 min 52 sec East a distance of 46.75 feet to the most
northwesterly corner of said tract RODANCO PARTNERS LTD recorded in Document #
D 207401118 (DRTCT);
THENCE North 87 deg 42 min 33 sec West a distance of 2.37 feet to the most
southwesterly corner of said Tract 1;
THENCE North 02 deg 12 min 00 sec East a distance of 197.02 feet to the POINT OF
BEGINNING.
Page 7 of 8
Exhibit B
Rodanco Partners, Ltd., MSD
4.391 Acre Tract
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Page 8 of 8
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City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT:
Adopt Resolution Supporting the Application of Rodanco Partners, Ltd., for a Municipal Setting
Designation for Property Located at 400 South Jennings Avenue to the Texas Commission on
Environmental Quality; Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of Rodanco Partners, Ltd., for approval of a Municipal Setting
Designation for the property located at 400 South Jennings Avenue, an approximately 4.391 acre tract,
more fully described as Jennings South Addition, Lot 1-R, Block 36, Fort Worth, Tarrant County, Texas, 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:
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 Texas Commission on Environmental Quality (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.
On August 25, 2008, Rodanco Partners, Ltd., filed an application with the City seeking support of an MSD
Logname: 52MSD RODANCfJ Page 1 of 2
at 400 South Jennings Avenue, Fort Worth, Texas.
Staff from the departments of Engineering, Environmental Management, Planning and Development,
Transportation and Public Works, and Water 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 Tarrant County Public Health Department on October 6, 2008. One representative
of the Applicant and one City staff member was present. One resident of Fort Worth and surrounding cities
was in attendance. Comments made at the meeting do not adversely impact staffs recommendation to
approve this MSD.
The groundwater to be restricted is shallow, perched groundwater that occurs at depths of three feet below
ground surface (bgs) down to the top of the underlying, confining limestone layer that occurs at a depth of
approximately 20 feet bgs. The affected shallow groundwater is not a designated, recognized major or
minor aquifer. The predominant chemicals of concern detected in the groundwater are tetrachloroethylene
(PCE), trichloroethylene (TCE), 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 one-half mile of the
MSD boundary. All undeveloped properties (within the City limits of the City of Fort Worth) within one-half
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 one-half mile of the MSD boundary.
The site is located in COUNCIL DISTRICT 8.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for CitX Manager's Office bv: Charles Daniels (6183)
Originating D~artment Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname: 52MSD RODANCO Page 2 of 2