HomeMy WebLinkAboutOrdinance 17618-06-2007ORDINANCE NO 17618-06-2007
AN' ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (198, A5 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 10, DESIGNATING CFW-MSD-
0010, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0010 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, Sun Coast Resources, Inc., (Applicant) has filed an application for
support of a resolution seeking a Municipal .Setting Designation for the site known
as 12409 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 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
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
I, 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 the
potable use of groundwater from beneath the Site; and
WHEREAS, a public dunking water supply system- exists that supplies or is
capable of supplying drinking water to the Site, and properly within one-half mile
of the Site; and.
WI~REAS, 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 LI `Code, 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 (1.9.86) as amended, rs hereby amended by the
addition of Section 10 to read as follows:
APPENDIX A - MUI~TICIPAL SETTING DESIGNATION SITES IN FORT WORTH
2. Cb'W-MSD-0010'
(a) GFW-MSD-0010 is defined as follows..
Being an approximately 2.593- acre tract. of land, situated in the J W
Calloway Survey Abstract No, 336 and being more fully described as Lot
4 Block 1 of the Petroleum Industries, ,Inc: Addition, an Addition to the
City:of Fort Worth, Tarrant County, Texas. according to the platr..ecorded
in Cabinet B, Slide 225 of the Plat Records of 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 20 feet below ground surface (bgs). The designated
groundwater zone is tke water table- aquifer predominantly .comprised of
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clayey sand to,gravelly sand. The bottom of the shallow water table. is
defined by an approximately 24 foot-thick limestone umt 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 chemical of concern in the groundwater is Methyl Tertiary Butyl Ether
(MTBE), from petroleum releases originating from the west-adjacent
properly In addition, recent groundwater sampling events have identified
chlorinated solvents along- the north and east boundaries of the Sun Coast
property Additional investigation would be required to confirm that these
solvents actually affect the groundwater at the property These chlorinated
solvent impacts do not appear to originate at the designated MSD property
The impacted groundwater is not a drinking water source..
(c) The use of the designated groundwater in CFW-MSD-0010 for potable
and irrigation purposes is .hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards.
(d) T`he 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
been enacted by the. City Council without the incorporation in this ordinance Qf any such
unconstitutional phrase, clause, sentence; paragraph or section.:
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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 S.
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 Fort Worth, Texas
.and by Section 52.013 Texas Local Government Code..
SECTION T
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 'I'O-FORM AND LEGALITY
CHRISTA LOPEZ
ASSISTANT CITY ATTORNEY
ADOPTED ON June 19, 2007
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Exhibit A
CFW - MSD - O0'I0
12409 Calloway Cemetery Road
Metes and Bounds
STATE OF TEXAS
COUNTY OF TA.RRANT
BEING a tract ofwand situated in the J W GALLOWAY SURVEY AbstractNo.'336 grid being all
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 Plat Records of Tarrant County Texas
(PRTCT) and being all of a tract of land conveyed to LEHNE PROPERTIES; LTD as recorded in
Document.No 00015533.8 of the Deed Records of Tarrant County Texas (DRTCT) and being more
particularly described as follows;
BEGINNIlVG at a 5/8 inch iron rod found at the most southeasterly comer of said LOT 4 BLOCK '1
said point being found in the northerly Right-of Way Line. of GALLOWAY CEMETERY ROAD
(variable width Right-of Way);,
THENCE along the northerly Right-of Way line of said GALLOWAY CEMETERY ROAD North
89 deg 42 min 44 sec West a distance of 253 :45 feet to the most southwesterly comer of said LOT 4.,
BLOCK 1
THENCE. departing the northerly Right-of Way line of said GALLOWAY CEMETERY ROAD and
along the westerly line: of said LOT 4 BLOCK 1 North 00 deg 12 min 20 sec East passing through a
5/8 inch iron rod found at a distance of 296.95. feet continuing in all a distance of 444:90 feet to a Y2
inch: iron rod found for the most northwesterly comer of said LOT 4 BLOCK 1
THENCE.departing the westerly line of said LOT 4, BLOCK 1 and along the northerly line of said.
LOT 4 BLOCK 1 South 89 .deg 42 min 44 sec East a distance of 254.:27 feet to the most
northeasterly comer of said LOT 4 BLOCK 1
THENCE departing the northerly line of said LOT 4 BLOCK 1 and along the easterly line of said
LOT 4 BLbGK i' South 00 deg 1:8 rnin 3$ sec West a distance of 444.90 feet to the POINT OF
BEGINNiNG•
CONTAINING within these metes and bounds 2.593 acres or 112,943 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 29w 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. f guru of 1 15.000
DATE.. 4/1.0/07
Leonard J Lueker
Registered Professional Land Surveyor
Texas Registration No 57:14.
Winkelmann & Associates; Inc
6750 Hillcrest Plaza Drive, Suite 1'00
Dallas, Texas 75230
(972)490-7090
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City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt a Resolution Supporting the Application of Sun Coast Resources Inc. for a Municipal Setting
Designation for the Property Located at 12409 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 Sun Coast Resources, Inc for approval of a Municipal
Setting Designation (MSD) for the property located at 12409 Calloway Cemetery Road an approximately
2.593-acre tract, more fully described as Petroleum Industries Inc Addition Block 1 Lot 4 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• 52MSDSLJNCOAST Page 1 of 2
On April 11 2007 Sun Coast Resources, Inc. filed an application with the City seeking support of an MSD
at 12409 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 Applicant's
representative stated that groundwater contamination on Sun Coast property limited and stable The source
of contamination is no longer present and appears to have originated to the west and north of the property
There were no comments from residents adverse to this application
The designated groundwater at the Site is shallow with approximate depth to groundwater of 20 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 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 chemical
of concern in the groundwater is Methyl Tertiary Butyl Ether (MTBE) from petroleum releases originating
from the west-adjacent property In addition, recent groundwater sampling events have identified
chlorinated solvents along the north and east boundaries of the Sun Coast property Additional
investigation would be required to confirm that these solvents actually affect the groundwater at the
property These chlorinated solvent impacts do not appear to originate at the designated MSD property
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) within h 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 Arlington is 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 by Libby Watson (6183)
Originating Department Head Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
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