HomeMy WebLinkAboutOrdinance 17616-06-2007~RDINAI~ICE N~ 17616-06-2007 _
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 TV
`GROUNDWA'TER .AND SURFACE WATER QUALITY
BY AMENDING APPENDIX A `MUPTICIPAL SETTING
.DESIGNATION SITES IN FORT WORTH, BY THE
ADDITION OF SECTION 11, DESIGNATING CFW MSD-
0011, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-IVISD-0011 PROVIDING THAT THIS
ORDINANCE IS CIJMULATTVE, 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, Direct Fuels (Applicant) has filed an application for support of a
resolution seeking a Municipal Setting Designation for the site known as 12401
12485 and 12625- Calloway Cemetery Road, 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 sepazate :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 Srte; .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
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WHEREAS, in order for the TCEQ to certify the Site fihe city must prohibit the
potable use of groundwater from beneath the Site; and
WHEREAS, a public drinlciug water supply system exists that supplies or is
capable of supplying drinlting water to the Site, and property within one-half mile
of the Site; and
WHEREAS, where public ,nlc; g 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 ORDAIl~tED 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 TV
`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 11 to read as follows:
APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT 'WORTS
2. CFW 11~SD-0011
(a) CFW MSD-0011 is defined as follows:
Being an approximately 46.004 acre tract of land, situated in the 7 W
Calloway Survey AbstractNo. 336 and being more fully described as
Petroleum Industries, Inc. Addition, Block 1, Lot 3, and Petroleum
Industries, Inc. Addition, Block 1, Lot 1 ("Site"), an Addition to the City
of Fort Worth, Tarrant County Texas, the metes and bounds description
being attached hereto as Exhibit A (Site).
(b) The designated groundwater at the Site is shallow with approximate depth
to groundwater of between 34 and 40 feet below ground surface (bgs).
The designated groundwater zone is the water table aquifer predominantly
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comprised of clayey sand to gravelly sand. The bottom of the shallow
water table is defined by a limestone unit at a depth of 169 feet. This
limestone acts as an aquitazd, which prevents the vertical migration of
water and contaminants to the underlying potable aquifers. The first
significant bedrock groundwater-bearing zone beneath the site is the
Woodbine Formation. However, the quality of the Woodbine water is poor
with high iron content and is used only for irrigation or industrial purposes
in the area. The first bedrock aquifer beneath the area used for potable
purposes is the Trinity Group, found at depths of 800 to 1600 feet below
ground surface (bgs). The chemicals of concer in the groundwater aze
petroleum hydrocarbons, Methyl Tertiary Butyl Ether (MTBE),
chlorinated solvents, and their associated degradation products. Historic
releases of petroleum hydrocarbons aze from petroleum stored, in bulls, at
the pipeline terminals. The sources of the chlorinated solvents are not
known with certainty The impacted groundwater is not a drinlang water
source.
(c) The use of the designated groundwater in CFVJ-1VISD-0011 for potable
and inigation purposes is hereby prohmbited. 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 Qualify 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 aze 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.
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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 Fart 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.
APPROVI{D AS TO FORM AND LEGALITY
G~ R
CHRISTA LOPEZ
ASSLSTANT CITY ATTORNEY
June 19 2007
ADOPTED ON.
Page 5 0:: 7
Exhibit Q
~CFW - MSD - 0011
12401 12485, and 12625 Calloway Cemetery Road
Mefies and Bounds
STATE OF TEXAS
COUNTY OF TARR.ANT
BEING a tract of land situated in the J W GALLOWAY SURVEY Abstract No. 336 and being all
of a tract of land conveyed to INSIGHT EQUITY ACQUISITION PARTNERS, L.P as recorded in
Volume 016759 Page 0052 of the Deed Records of Tarrant County Texas (DRTCT) and being all
of a tract of land conveyed to SOUTHWEST PRODUCTS LLC as recorded in Document No.
000071890 (DRTCT) and being more particularly described as follows;
BEGINNING at the intersection of the west line of a tract of land conveyed to T.J IZ. GRAVEL
COMPANY L.P as recorded in Volume 12686, Page 1309 (DRTCT) and the northerly Right-of-
Way line of GALLOWAY CEMETERY ROAD (variable width Right of-Way) said point being the
most southeasterly comer of LOT 1, BLOCK 1 of the PETROLEUM INDUSTRIES INC.
ADD]TION, an addition to the City of Fort Worth as recorded in Volume 388-48, Page 908 of the
Plat Records of Tarrant County Texas (DRTCT) which a 1'2 inch iron rod found bears North 81 deg
23 min 21 sec East a distance of 1 15 feet;
TI~NCE departing the westerly line of said T.J.L. GRAVEL COMPANY tract and along the
northerlyRight-of-Way line of said GALLOWAY CEMETERY ROAD North 89 deg 42 min 44 sec
West a distance of 400.00 feet to the most southwesterly comer of said LOT 1, BLOCK 1 which a
5/8 inch iron rod found bears South 82 deg 22 min 08 sec West a distance of 0.71 feet;
THENCE departing the northerly Right of-Way Iine of said GALLOWAY CEMETERY ROAD
South O1 deg 34 min 16 sec West a distance of30.00 feet to a point for comer in the approximate
centerline of said GALLOWAY CEMETERY ROAD•
THENCE along the approximate centerline of said GALLOWAY CEMETERY ROAD North 89 deg
42 min 44 sec West a distance of 508.30 feet to a point for comer which a Pk Nail found bears North
45 deg 35 min 56 sec West a distance of 0.90 feet;
THENCE departing the approximate centerline of said GALLOWAY CEMETERY ROAD North 00
deg 14 min 59 sec East a distance of30.00 feet to a 5/8 inch iron rod found for the most southeasterly
comer of LOT 3, BLOCK 1 of the PETROLEUM ]NDUSTRIES INC. ADDITION, an addition to
the City of Fort Worth as recorded in Volume 388-196, Page 64 of the Plat Records of Tarrant
County Texas (DRTCT), said point being in the northerly Right of-Way line of said GALLOWAY
CEMETERY ROAD•
THENCE along the northerly Right of-Way line of said GALLOWAY CEMETERY ROAD North
89 deg 42 min 44 sec West a distance of139.51 feet to a 5/8 inch iron rod found for the most
southeasterly comer of LOT 4, BLOCK 1 of the PETROLEUM INDUSTRIES INC. ADDITION, an
addition to the City of Fort Worth as recorded in Cabinet B, Slide 225 of the PIat Records of Tarrant
County Texas (DRTCT);
THENCE departing the northerly Right-of-Way line of said GALLOWAY CEMETERY ROAD and
along the easterly line of said LOT 4; BLOCK 1 North 00 deg 18 min 3 8 sec East a distance of
444.90 feet to the most northeasterly comer of said LOT 4, BLOCK 1,
THENCE along the northerly line of said LOT 4, BLOCK 1 North 89 deg 42 min 44 sec West a
distance ofZ54.27 feet to a inch iron rod found for the most northwesterly comer of said LOT 4,
BLOCK 1
THENCE along the westerly line of said LOT 4, BLOCK 1 South 00 deg 12 min 20 sec West
pass'mg through a 5/8 inch iron rod found at a distance of 147.95 feet and passing through the most
southwesterly comer of said LOT 4, BLOCK 1 at a distance of 444.90 feet continuing in all a
distance of 474 71 feet to a point for comer in the approximate centerline of said GALLOWAY
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CEMETERY ROAD which a Rail Road Spike found bears North 20 deg 36 min 51 sec East a
distance of 0.60 feet;
THENCE along the approximate centerline of said GALLOWAY CEMETERY ROAD
North 89 deg 39 min 29 sec West a distance of 488.19 feet to a Plc Nail found for comer, said point
being the most southwesterly comer of said SOUTHWEST PRODUCTS LLC tract;
THENCE departing the approximate centerline of said GALLOWAY CEMETERY ROAD and
along the westerly Iine of said SOUTHWEST PRODUCTS LLC tract; North 00 deg 16 min 31 sec
East a distance of 1124.30 feet to the most northwesterly comer of said SOUTHWEST PRODUCTS
LLC tract;
THENCE departing the westerly line of said SOUTHWEST PRODUCTS LLC tract and along the
northerly line of said SOUTHWEST PRODUCTS LLC tract South 89 deg 51 min 04 sec East a
distance of 486.82 feet to a 5/8 inch iron rod found for the most northeasterly comer of said
SOUTHWEST PRODUCTS LLC tract, said point being the most northwest comer of said LOT 3,
BLOCK 1,
THENCE South 89 deg 49 min 44 sec East passing through a Yz inch iron rod found for the most
northeasterly comer of said LOT 3, BLOCK 1 at a distance of 493.81 feet and passing through a 318
inch iron rod found for the most northwesterly comer of said LOT 1, BLOCK 1 at a distance of
1028.13 feet continuing in all a distance of 1428.15 feet to a 5/8 inch iron rod found for the most
northeasterly comer of said LOT 1, BLOCK 1, said point being found in the westerly line of the said
T.J.L. GRAVEL COMPANY tract;
THENCE along the westerly line of said T.J.L. GRAVEL COMPANY tract South 01 deg 34 min 16
sec West a distance of 1099.33 feet to the POINT OF BEGINNING;
CONTAINING within these metes. and bounds 46.004 acres or 2,003,943 square feet of land more or
less. Bearings contained within this field note description are based upon an on the ground survey
performed in the field on the 29~ day of March, 2007 utilizing GPS measurements.
SURVEYORS CERTIFICATE
The undersigned hereby certifies the above field note description was prepared from an on the
ground survey performed in the field March 29,2007 under the supervision of the undersigned and
that the field note description forms a mathematical figure of 1 15,000
DATE. 4/10/07
Leonard J Lueker
Registered Professional Land Surveyor
Texas Registration No. 5714
Winkelmann & Associates, Inc.
6750 Iiillcrest Plaza Drive, Suite 100
Dallas, Texas 75230
(972) 490-7090
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City of Fort Worth, Texas
Mayor and Council Communication
,_
COUNCIL ACTION Approved on 6/19/2007 Res. #3496-06-2007 and Ord #17616-06-2007
...._
CONTINUED FROM A PREVIOUS WEEK
DATE Tuesday June 05 2007
LOG NAME 52MSDDIRECTFUEL REFERENCE NO G-15748
SUBJECT
Adopt a Resolution Supporting the Application of Direct Fuels for a Municipal Setting Designation for
the Properties Located at 12401 12485 and 12625 Calloway Cemetery Road Fort Worth Texas
to the Texas Commission on Environmental Quality and Adopt an 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 Direct Fuels, for approval of a Municipal Setting
Designation (MSD) for the properties located at 12401 12485 and 12625 Calloway Cemetery Road an
approximately 46 004-acre tract, more fully described as Petroleum Industries, Inc. Addition Block 1 Lot 3
and Petroleum Industries, Inc. Addition Block 1 Lot 1 of the J W Calloway Survey Abstract No 336 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 52MSDDIRECTFUEL Page 1 of 2
On April 11 2007 Direct Fuels filed an application with the City seeking support of an MSD at 12401
12485 and 12625 Calloway Cemetery Road
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
East Regional Library on May 22, 2007 Seven representatives of the Applicant and three city staff were
present. Twenty-three residents of Fort Worth and surrounding cities were in attendance Residents
expressed concern that contamination in the groundwater if not remediated might spread beyond the
current area of impact. Applicant's representative explained that the source of contamination has been
removed and the contamination plumes have reached a static state and has begun to naturally attenuate
over time If approved this MSD shall be designated as CFW-MSD-0011
The designated groundwater at the Site is shallow with approximate depth to groundwater of between 34
and 40 feet below ground surface (bgs) The designated groundwater zone is the water table aquifer
predominantly comprised of clayey sand to gravelly sand The bottom of the shallow water table is defined
by a limestone unit at a depth of 169 feet. This limestone acts as an aquitard which prevents the vertical
migration of water and contaminants to the underlying potable aquifers The first significant bedrock
groundwater-bearing zone beneath the site is the Woodbine Formation However the quality of the
Woodbine water is poor with high iron content and is used only for irrigation or industrial purposes in the
area The first bedrock aquifer beneath the area used for potable purposes is the Trinity Group found at
depths of 800 to 1600 feet below ground surface (bgs) The chemicals of concern in the groundwater are
petroleum hydrocarbons, Methyl Tertiary Butyl Ether (MTBE) chlorinated solvents and their associated
degradation products. Petroleum hydrocarbon releases are from petroleum stored in bulk, at the pipeline
terminals. The sources of the chlorinated solvents are not known with certainty
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within the City limit of the City of Fort Worth within /2 mile of the MSD
boundary All undeveloped properties (within the City Limits of the City of Fort Worth) with '/2 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 cities of Arlington and Euless are also
within /Z mile of the MSD boundary
The site is located in COUNCIL DISTRICT 5
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSDDIRECTFUEL Page 2 of 2