HomeMy WebLinkAboutOrdinance 17281-11-2006ORDINANCE NO 17281 11 2006
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 6, DESIGNATING CFW MSD-
0006, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW MSD-0006, 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, BLG Northside Development, L.P ("Applicant') has filed an
application with the City of Fort Worth (the `City") for the City's approval of a
Municipal Setting Designation ("MSD") for certain properties m the vicinity of
600 N Main Street, Fort Worth, encompassing LaGrave Field, the former Cytec
site, the former Techmcoat site and associated properties m, Fort Worth, Texas, an
approximately 70 856-acre site (the `Site '), more fully described m Section 1 of
this ordinance, and
WHEREAS Applicant has filed the MSD application for the Srte on behalf of
itself and the other property owners wrthm the Srte (including the City), each of
whom support the MSD application, 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 Srte pursuant to Texas Health and Safety Code, Chapter 361
Subchapter W and
Page 1 of 8
WHEREAS, responsible parties associated with the Srte may have continuing
obligations to satisfy applicable statutory and regulatory provisions concerning
investigation and response actions for shallow groundwater contamination
beneath this Srte; and
WHEREAS, the City Council of the City of Fort Worth is of the opinion that rt is
in the best interest of the public and the City to support Applicant's application to
the Texas 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 and irrigation use of shallow groundwater from beneath the Srte, and
WHEREAS, a public drinking water supply system exists that supplies or is
capable of supplying dunking water to the Srte, and to 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 12.5 `Environmental Protection and Compliance, Article IV
`Groundwater and Surface Water Quality Appendix A, `Municipal Setting Designation Sites m
Page 2 of 8
Fort Worth, of the Code of the City of Fort Worth (1986) as amended, is hereby amended by the
addition of Section 6 wrtlun Appendix A to read as follows
Page 3 of 8
APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
6. CFW MSD-0006
(a) CFW MSD-0006 is defined as follows.
Being all of a tract of land as conveyed to LaGrave Reconstruction
Company LLC, m Volume, 15273 Page 69 Volume 15593 Page 250 and
Volume 15611 Page 257 and all of a tract of land as conveyed to the City
of Fort Worth in Volume 15292, Page 209 Volume 15968 Page 23 and
Volume 15242, Page 89 and all of Third Street, Fourth Street, King Street,
Scott Street, Grove Street, Jones Street, Pecan Street, and a portion of Fifth
Street, Sixth Street, and Seventh Street which were. vacated by City of Fort
Worth m City Ordinance No 1100 and all subject alleyways vacated by
City of Fort Worth m City Ordinance No 1101 and Ordinance No 2092,
and being more particularly described by metes and bounds as follows.
Begmmng at a point at the corner of the west nght of way line of Calhoun Street
and the northerly right of way line of Seventh Street;
Thence north 30°00'00" west, along the westerly right of way line of Calhoun
Street a distance of 654 02 feet to a point;
Thence north 60°00'00" east, leaving said right of way for a distance of 250.15
feet to a point;
Thence south 40°54'05 east, a distance of 105 75 feet to a point;
Thence south 30°00'00" east, a distance of 250 16 feet to a point;
Thence north 60°00'00" east, a distance of 579.22 feet to a point;
Thence south 30°00'00" east, along the easterly right of way of Pecan Street a
distance of 1679 67 feet to a point;
Thence south 60°00'00" west, leaving said right of way a distance of 58 i2 feet to
a point in the westerly right of way line of Pecan Street;
Thence south 30°00'00" east, along the westerly line of said right of way a
distance of 460.33 feet to a point;
Thence south 37°10'20" east, a distance of 50.20 feet to a point;
Thence south 30°38'00 east, a distance of 50 00 feet to a point;
Page 4 of 8
Thence south 00°36'00" east, a distance of 185 70 feet to a point;
Thence north 89°22'00" east, a distance of 100 00 feet to a point;
Thence south 32 40'00" east, a distance of 94.30 feet to a point;
Thence south 00°38'00" east, a distance of 232.00 feet to a point;
Thence north 89°44'00" east, a distance of 33 00 feet to a point;
Thence south 00° 16'00" east, a distance of 171 70 feet to a point;
Thence south 60°00'00" west, a distance of 627 00 feet to a point;
Thence north 30°00'00" west, a distance of 574 76 feet to a point;
Thence south 60°00'00" west, along the southerly right of way line of Fourth
Street a distance of 270 00 feet to a point in the westerly right of way line of
Commerce Street;
Thence north 30°00'21 west, along said right of way line of Commerce Street a
distance of 534 95 feet to a point;
Thence north 60°00'00" east, leaving said right of way line a distance of 270 OS
feet to a point;
Thence north 30°00'00" west, a distance of 125 00 feet to a point;
Thence south 60°00'00" west, along the southerly right of way of Fifth Street a
distance of 570 OS feet to a point m the westerly nght of way line of North Main
Street;
Thence north 30°00'00" west, leaving said right of way line a distance of
159 95 feet to a point m the westerly nght of way line of Commerce Street;
Thence north 60°00'00" east, a distance of 300 00 feet to a point m the westerly
right of way of Commerce Street;
Thence north 30°00'00" west, along said nght of way line a distance of 1010.28
feet to a point;
Thence south 60°00'00" west, leaving said right of way a distance of 300 00 feet
to a point m the westerly right of way line of North Main Street;
Page 5 of 8
Thence north 30°00'00" west, a distance of 210 00 feet to a point in the
aforementioned nght of way
Thence north 60°00'00" east, along the northerly right of way of Seventh Street a
distance of 569 83 feet to the point of beginning and containing 70 856 acres of
land more or less.
(b) The designated groundwater beneath CFW MSD-0006 is shallow perched
groundwater within the alluvial deposits that overlie the low permeability
limestone bedrock of the Washita Group The top of the shallow groundwater
surface at the Srte is approximately 10 to 20 feet below ground surface ("bgs"),
and the top of the limestone formation is at depths ranging from approximately 30
to 50 feet bgs. The uppermost limestone formation (the Washita Group) is a
confining geologic layer for the shallow groundwater above it that is restricted
under the terms of this ordinance.
(c) The following contaminants associated with historical uses of the Srte
have been detected within the designated groundwater at concentrations
exceeding residential assessment levels for potable use•
Tetrachloroethene
Trichloroethene
1 1 Dichloroethene
cis-1,2 Dichloroethene
trans 1 2 Dichloroethene
1 1,2 Trichloroethane
Vinyl Chloride
Methylene Chloride
Benzene
Methyl Tert Butyl Ether
Lead
Chromium
Cadmium
Mercury
Aluminum
Vanadium
Arsenic
Barium
(d) The use of the designated groundwater m CFW MSD-0006 for potable
and irrigation purposes is hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards.
Page 6 of 8
(e) The City will provide advance wntten 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 m
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 ~urisdichon, such unconshtutionahty 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.
Page 7 of 8
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 ordmances amended m 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 m court or not, under such ordmances, 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 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 m full force and effect after its passage and publication as required by
law and rt is so ordained.
APPROVED AS TO FORM AND LEGALITY
DAVID YETT CITY ATTORNEY
C/Y ~N In
ASSISTA T CITY A T EY
,-,
ADOPTED November ly, 2006
EFFECTIVE.
Page 8 of 8
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Supporting the Application of BLG Northside Development, L.P for a Municipal
Setting Designation for the Properties Located at 600 North Main Street, 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 BLG Northside Development, L.P for approval of a
Municipal Setting Designation (MSD) for the properties located at 600 North Main Street, Fort Worth This
is an approximately 70 856-acre tract encompassing LaGrave Field the former Cytec site the former
Technicoat Site and associated properties, in Fort Worth Tarrant County Texas, ("site') to be known as
the LaGrave 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 creating the concept of an 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 An individual 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 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 four previous MSD applications
Logname 52MSD BLG NS Page 1 of 2
On September 21 2006 BLG Northside Development, L.P filed an application with the City seeking
support of an MSD at the LaGrave Area
Staff from the departments of Environmental Management, Water Transportation and Public Works,
Development and Engineering 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 October 24 2006 Approximately 20 people were in attendance including city staff and
applicant representatives. The meeting was uneventful and no comments adverse to the application were
made
The designated groundwater at the site is shallow with depths varying from 10 to 20 feet below ground
level The identified chemicals of concern in the designated groundwater that exceed residential
assessment levels are chlorinated solvents, volatile hydrocarbons and metals. The impacted groundwater
is not a drinking water source The source of the groundwater contamination is historic industrial uses of
the site dating back to the 1930s
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within '/Z mile of the multiple properties located in the LaGrave Area of
Trinity Uptown All undeveloped properties 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 site is located in COUNCIL DISTRICT 2.
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 b~ Libby Watson (6183)
Originating Department Head Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSD BLG NS
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