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HomeMy WebLinkAboutOrdinance 17525-04-2007ORDINANCE NO 17525-04-2007 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 7 DESIGNATING CFW MSD- 0007 PROVIDING FOR THE PROHIBITION OF THE USE OF GROUNDWATER FOR POTABLE AND IRRIGATION PURPOSES IN CFW MSD-0007 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, the City of Fort Worth (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for the site known as the Trinity Uptown Area, 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 Snte pursuant to Texas Health and Safety Code, Chapter 361 Subchapter W and WHEREAS, Applicant has conhnumg obingahons to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actnons at the Srte; and WHEREAS, the Cnty Council of the Cnty of Fort Worth ns of the opnnion that rt ns in the best interest of the pubinc to support Applicant's apphcatnon to the Texas Page 1 of 7 «~ Commission on Environmental Quality for a Municipal Setting Designation for the Srte; and WHEREAS, m order for the TCEQ to certify the Srte the city must prohibit the potable use of groundwater from beneath the Srte; and WHEREAS, a public dunking water supply system exists that supplies or is capable of supplying dunking water to the Srte, and property within one-half mile of the Srte, and WHEREAS, where public drinking water is available, the potable use of groundwater m 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. That Part II `Code, Chapter 12.5 `Environmental Protection and Compliance, Article IV `Groundwater and Surface Water Quality Appendix A, `Municipal Setting Designation Sites m Fort Worth, of the Code of the City of Fort Worth (1986) as amended, is hereby amended by the addition of Section 7 to read as follows. APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH 7 CFW MSD-0007 (a) CFW MSD-0007 is defined as follows. Page 2 of 7 Being 1,964 acre tract of land, out of the J Baugh Survey Abstract Number 115 the M. Baugh Survey Abstract Number 106 the W Bussell Survey Abstract Number 151 the R. Crowley Survey Abstract Number 313 A. Gouehneant Survey Abstract Number 582, the E. Little Survey Abstract Number 954 the J M. C Lynch Survey Abstract Number 955 the F G Mulliken Survey Abstract Number 1045 the A. Robinson Survey Abstract Number 1289 the S K. Smith Survey Abstract Number 1417 and the I. Thomas Survey Abstract Number 1526 m Tarrant County Texas, situated at the Courthouse m Fort Worth, Texas, the County Seat, and being more particularly described by metes and bounds as follows, BEGINNING at the intersection of the centerlines of White Settlement Road and Umversity Dnve, THENCE with said centerline of University Drive, NORTH, crossing the West Fork of the Tnmty River and Northeasterly some 4900 feet, to rts intersection with the centerline of North Side Dnve, at Jacksboro Highway THENCE with said centerline of North Side Dnve, Northeasterly some 600 feet, to rts intersection with the centerline of Grand Avenue; THENCE with the meanders of said centerline of Grand Avenue, Northeasterly some 4000 feet, to rts intersection with the centerline of North Houston Street; THENCE with said centerline of North Houston Street, North 40 degrees West, some 1260 feet, to its intersection with the centerline of Central Avenue• THENCE with said centerline of Central Avenue, North 50 degrees East, some 380 feet, to rts intersection with the centerline of Ellis Avenue; THENCE with said centerline of Ellis Avenue, North 40 degrees West, some 1500 feet, to rts intersection with the centerline of 20th Street Northwest; THENCE with said centerline of 20th Street Northwest, WEST some 90 feet, to its intersection with the centerline of Ellis Avenue• THENCE with said centerline of Ellis Avenue, NORTH, some 2850 feet, to its intersection with the centerline of Exchange Avenue; THENCE with said centerline of Exchange Avenue, EAST crossing Manne Creek, and NORTH, EAST SOUTH, through the intersection of Exchange Avenue, Packers Avenue, and Stockyards Boulevard, and continuing EAST some 2400 feet, to rts intersection with the centerline of Niles City Boulevard, Page 3 of 7 THENCE with said centerline of Niles City Boulevard, Southerly some 1250 feet, to rts intersection with the centerline of 23rd Street Northeast; THENCE with said centerline of 23rd Street Northeast, EAST some 1600 feet, to rts intersection with the centerline of Decatur Avenue; THENCE with said centerline of Decatur Avenue, Northeasterly and Northerly some 1600 feet, to rts intersection with the centerline of Brennan Avenue; THENCE with said centerline of Brennan Avenue, North 75 degrees East, some 8'70 feet; THENCE continuing with said centerline of Brennan Avenue, South 70 degrees East, some 3100 feet, to rts intersection with the centerline of Cold Spnngs Road, THENCE with said centerline of Cold Springs Road, South 10 degrees West, some 1000 feet, to rts intersection with the centerline of North Side Dnve; THENCE with the meanders of said centerline of North Side Dnve, Southwesterly again crossing the West Fork of the Tnmty River some 3800 feet, to rts intersection with the centerline of Samuels Avenue; THENCE with said centerline of Samuels Avenue, Southeasterly some 3100 feet, to rts intersection with the centerline of Greer Avenue, THENCE with said centerline of Greer Avenue, South 75 degrees West, and to and along a projection of said centerline, some 850 feet, to its intersection with the easterly high bank of the West Fork of the Tnmty River• THENCE with the meanders of said easterly and the southeasterly high bank of the West Fork of the Tnmty River South and Southwesterly some 4900 feet, to its intersection with the centerline of North Mam Street; THENCE with said centerline of North Main Street, South 30 degrees East, some 160 feet, to rts intersection with the centerline of Bluff Street; THENCE with said centerline of Bluff Street, Southwesterly some 240 feet, to rts intersection with the centerline of Houston Street; THENCE with said centerline of Houston Street, South 30 degrees East, some 80 feet, to rts intersection with the centerline of Belknap Street; THENCE with said centerline of Belknap Street, South 60 degrees West, some 2500 feet, to its intersection with the centerline of Forest Park Boulevard, Page 4 of 7 THENCE with the meanders of said centerline of Forest Park Boulevard Westerly and Southerly some 2400 feet, to its intersection with the centerline of West 7th Street; THENCE with said centerline of West 7th Street, WEST some 2700 feet, to its intersection with the centerline of Carroll Street; THENCE with said centerline of Carroll Street, NORTH, some 2900 feet, to its intersection with said centerline of White Settlement Road, THENCE with said centerline of White Settlement Road, WEST some 2000 feet, to the PLACE OF BEGINNING and contaimng some 1964 acres of land, more or less. (b) The designated groundwater beneath CFW MSD-0007 is shallow perched groundwater Fill material of sand and gravel is encountered at a depth of approximately five feet below ground surface. Clay beneath the fill layer increases in sand content with depth. Awater-bearing sand zone is present below the clay (12 15 ft below ground surface) and extends to approximately two to five feet into a thin layer of gravel on top of limestone bedrock. The depths of these layers vary throughout the 1,964 acre site, to a maximum shallow ground water depth of 30 feet below ground surface. The following contaminants associated with historical uses of the Srte have been detected wrtlun the designated groundwater at concentrations exceeding residential assessment levels for potable use Volatile and Semi Volatile Orgamc Compounds Metals Benzene Toluene Ethylbenzene Xylene Methyl Tert-butyl Ether (MTBE) Petroleum Hydrocarbons (c) The use of the designated groundwater in CFW MSD-0007 for potable and imgation 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. Page 5 of 7 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 m direct conflict with the provisions of such ordinances and such Code, m 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 ~unsdiction, 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 m 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 nghts 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 tine of the effective date of this ordinance and, as to such accrued violations and all pending litigation, Page 6 of 7 both civil and cnminal, 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 m the official newspaper of the City of Fort Worth, Texas, as authonzed by Section 2, Chapter XXV of the Charter of the Crty of Fort Worth, Texas and by Section 52.013 Texas Local Government Code. SECTION 7 Tlus ordinance shall be m full force and effect after rts passage and publication as required by law and rt is so ordained. APPROVED AS TO FORM AND LEGALITY DAVID YETT CITY ATTORNEY ASSIST T CITY AT O EY ADOPTED Apri124, 2007 EFFECTIVE. ~~~,~ Page 7 of 7 City of Fort Worth, Texas Mayor and Council Communication SUBJECT Adopt a Resolution Supporting the Application of the City of Fort Worth for a Municipal Setting Designation for the Trinity Uptown Area to the Texas Commission on Environmental Quality and Adopt Ordinance Prohibiting the Potable use of Designated Groundwater from Beneath the Site RECOMMENDATION It is recommended that the City Council 1 Conduct a public hearing on the application of the City of Fort Worth (Applicant) for approval of a Municipal Setting Designation (MSD) for the area known as the Trinity Uptown Area Fort Worth (Site) This is an approximately 1 964-acre tract encompassing the industrial/commercial area of the Paddock Bend and associated properties, in Fort Worth Tarrant County Texas, to be known as the Trinity Uptown Area MSD 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 allowing for the creation of Municipal Setting Designations (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 An individual or entity must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of the property as an MSD If granted the designated groundwater on the site will not be required to be cleaned up 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 obtain 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, conducting a public meeting held for the purpose of providing information on the application to the affected community and a public hearing City Council has granted six previous MSD applications Logname• 52M5DTRINITYUP Page 1 of 2 On March 1 2007 the City of Fort Worth filed an application seeking City Council support of an application to the TCEQ for a Municipal Setting Designation (MSD) for the Trinity Uptown Area. Staff from the departments of Development, Engineering Environmental Management, 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 Central Library on April 10 2007 Twenty-seven citizens were in attendance. No comments adverse to the application were made The designated groundwater at the site is shallow with depths varying from 10 to 30 feet below ground level The identified chemicals of concern in the designated groundwater that exceed residential assessment levels are volatile and semi-volatile organic compounds metals, benzene toluene ethylbenzene xylene methyl tert-butyl ether and petroleum hydrocarbons The impacted groundwater is not a drinking water source The source of the groundwater contamination is the many different historic industrial uses of the area dating back to the 1930's. The Fort Worth Water Department provides water service to all existing residential and commercial/industrial properties located in the Trinity Uptown Area and within one-half mile of the MSD boundary All undeveloped properties 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. The site is located in COUNCIL DISTRICTS 2 and 9 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material affect on City funds TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office ~• Libby Watson (6183) Originating Department Head Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) Logname 52MSDTRINITYUP Page 2 of 2