HomeMy WebLinkAboutOrdinance 17617-06-2007ORDINANCE NO 17617-06-2007
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 IV
`GROUNDWATER AND SURFACE WATER QUALITY
BY AMENDING APPENDIX A `1VIUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH, SY THE
ADDITION OF SECTION 12, DESIGNATING CFW-MSD-
0012, PROVIDING FOR THE .PROHIBITION OF THE USE
OF GROUNDWATER. FOR POTA$LE AND I1tRIGATION
PURPOSES IN CFW-MSD-0012 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, Goodrich: Corporation (Applicant). has filed an application. for
support of a resolution.. seeking a Municipal Setting.. Designation for the site known
as 4000 South Highway l57 `Fort Worth, Texas, the metes and bounds description
being attached hereto as Exhibit A (Site); and
WIIEREA5, 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
1vISD for the Site pursuant to Texas Health and Safety Code, Chapter 361
Subchapter W and
WHEREAS, Applicant has continuing obligations fo 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
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 the city must prohibit fine
potable use of .groundwater .from beneath the Site; and.
WHEREAS, a public dru~ng 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
That Part II `Code,. Chapter- .125 `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 amended by the
addition of Section 12 to read as follows:
APPENDIX A -MUNICIPAL ..SETTING DESIGNATION SITES IN FORT WORTH
2. CFW-MSD-0012..
(a) CFW-MSD-0012. is defined as follows:..
Being a tract of land situated in the J.R. Wallace Survey Abstract No 1699
and being a portion of :Lot 1 Block 1 of the 1Vlenasco Manufacturing
Company Addition, an addition to the City of Forth Worth as recorded in
Volume 388-133 Page 93 of the Plat Records of Tarrant County Texas
(PRTCT), 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 from 12.5 feet below ground surface (bgs) on the north.
side of the. Goodrich property. to 39 feet bgs on the northeast. side of the
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Flint Hills Resources (FHR) property 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 an.
approximately 24. foot-flock limestone unit at a :depth. of 92 feet. This
lunestone acts as an aquitard, which prevents the vertical migration of
water and contarrLnants 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 Crroup, found at depths of 800 to 1600 feet below
.ground surface (bgs). Impacts at the designated property are from historic
onsite releases of chemicals used at the former aircraft landing gear
manufacturing and :assembly plant. The ,chemicals of concern in the
groundwater are chromium, chlorinated solvents, and their associated
degradation products. Thee impacted groundwater is not a dunking: water
source.
(c) The use of the designated groundwater in CFW MSD-0012 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 (198, 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 incorporatioin 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 WortYi, Texas, aze 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, iri court or .not, under -such ordinances, same shall not be
affected by this ordinance but maybe 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'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 pubIicahon as required by law
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
C/- Vl/t {l
CHRISTA LOPEZ
ASSISTANT CITY ATTORNEY
ADOPTED ON June 19, 2007,
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Exhibit ~
CFW - MSD - 0012
4000 South Highway 157
Metes and. Bounds.
STATE OF TEXAS
COUNTY OF TA,RRANT
BEING a tract of band situated in the J.R. WALLACE SURVEY Abstract No. 1699 and' being a
portion of LOT' 1 BLOCK 1 of the NIENASCO MANUFACTURING COMPANY ADDITION an
addition to the City of Forth Worth as recorded in Volume 388-133 Page 93 of the Plat Records of
Tarrant County Texas (PRTCT) .and being all of a tract of land conveyed to GOODRICH
LANDING GEAR, LLC as recorded in Volume 015723 Page 0.131 ofthe Deed Records of:Dallas
County Texas (DRDCT) and being more particularly described as follows;
BEGINNING at the most northwesterly comer of LOT 1 BLOCK 1 of the TREE TOPS
SCHOOL ADDITION an addition to the City of Fort Worth as recorded in Volume 3881.38,
Page 51 {PRTCT), said ;point being in the southerly Right=of--Way of SOUTH PIPELINE ROAD
(variable width Right-of Way);.
THENCE departing the southerly Right-of Way line of said SOUTH PIPELINE .ROAD and along
the westerly line.of said' LOT 1 SLACK l of the said. TREE TOPS SCHOOL ADDITION as
follows;.
.South :00 deg 01 min 02 sec East passing through a SJ$ inch. iron rod found at a distance of i 5.25 feet
continuing in all a distance of 493.26 feet to a point for comer;.
South 89 deg 53 min 02 sec. East..a distance of 165 00 feet to a.314" iron rod found for comer
'South 00 deg 01 min. 02 sec East a distance of 991..40 feet to a 518 inch iron rod found for the most..
southwesterly comer of said LOT 1 BLOCK 1 of the said TREE TOPS SCHOOL ADDITION, said
point being found in the northerly line of a tract of land conveyed to KOCH PETROLEUM GROUP
L.P as recorded in Volume 015394 Page 00441 (DRTCT);
THENCE departing the westerly line of said LOT 1 BLOCK 1 of the said TREE TOPS SCHOOL
ADDITION and along the northerly Line of said KOCH PETROLEUM GROUP tract -South 89 deg
42 min 28 sec. West a distance of 1260.:81 feet to a point for comer in the easterly Right=of Way line
of FARM TO MARI{ET ROAD NO 1.57 (variable width Right-of Way as dedicated in Volume
014460 Page 0514 DRTCT);
THENCE departing the northerly line of said KOCH PETROLEUM GROUP tract and along the
easterly Right-of-Way line of said .FARM TO MARKET ROAD NO 157 as follows
North 00 deg 10 min 41 sec East a distance of 1175.94 feet to a point for comer;
North 06 de.g 03 min 03 sec East a distance of 11544 feet to a point. for comer
North 00 deg I0 min 41 sec East a distance of 176.19 feet to a point for comer at a comer-clip;
THENCE departing the easterly Right-of Way line of said FARM TO MARI{ET ROAD NO 157
and. along said comer-clip North 50 deg 40 min I'8 sec. East a distance of31 61 feet to a point for
comer in the southerly Right-of Way dine of said SOUTH PIl'ELINE ROAD ;
THENCE. along the-.southerly Right-of Way line of said SOUTH PIPELINE ROAD as follows;
South 89 deg 55 min 02 sec East a distance of .116.30. feet to a point for comer;
North 88 deg 33 mn'28 sec East a:distance of225 00-feet to a point for comer
South:89 deg 55 min. 02 sec. East a:dstance of713.30 feet to the :POINT QF BEGINNING;:
CONTAINING within these. metes and bounds 41 027 acres or 1 787 147 square feet of land more or
less. Bearings: contained within this field.note description are based upon an on the groundaurvey
performed in the field on the 29in day of March, 2009 utilizing GPS Measurements.
SURVEYORS CERTIFICATE
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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. April 10, 2007
Leonard J Lueker
Registered Professional .Land Surveyor
Texas Registration No. 5714
Winkelmann & Associates, Inc.
6750 Hillcrest 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. #3497-06-2007 and Ord #17617-06-2007
CONTINUED FROM A PREVIOUS WEEK
DATE Tuesday June 05 2007
LOG NAME 52MSDGOODRICH REFERENCE NO G 15749
SUBJECT
Adopt a Resolution Supporting the Application of Goodrich Corporation for a Municipal Setting
Designation for the Property Located at 4000 South Highway 157 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 Councif
1 Conduct a public hearing on the application of Goodrich Corporation (Applicant) for approval of a
Municipal Setting Designation (MSD) for the property located at 4000 South Highway 157 an approximately
41 027-acre tract, more fully described as a tract of land situated in the J R. Wallace Survey Abstract No
1699 and being a portion of Lot 1 Block 1 of the Menasco Manufacturing Company Addition 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
52MSDGOODRICH Page 1 of 2
On April 11 2007 Goodrich Corporation filed an application with the City seeking support of an MSD at
4000 South Highway 157
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 are naturally attenuating over
time Residents of Colleyville approximately two miles north of the site also expressed the concern that
the contaminated groundwater might migrate to their groundwater wells Applicant's representative stated
that this was highly unlikely as the contamination in the shallow groundwater flows in a southerly direction
away from their property If approved this MSD would be designated as CFW-MSD-0012.
The designated groundwater at the Site is shallow with approximate depth to groundwater of 12.5 feet
below ground surface (bgs) on the north side of the Goodrich property to 39 feet bgs on the northeast side
of the Flint Hills Resources (FHR) property 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 an approximately 24 foot-thick limestone unit at a depth of 92 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) Impacts at the designated property
are from historic onsite releases of chemicals used at the former aircraft landing gear manufacturing and
assembly plant. The chemicals of concern in the groundwater are chromium chlorinated solvents, and their
associated degradation products.
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 h 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 City of Euless is also within 'h mile of
the MSD boundary
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office by_
Originating Department Head.
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Michael Gange (6569)
Logname 52MSDGOODRICH Page 2 of 2