HomeMy WebLinkAboutOrdinance 17282-11-2006ORDINANCE NO 17282 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 5, DESIGNATING CFW MSD-
0005, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW MSD-0005, 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, Synstation L.P (Applicant) has filed an application with the City of
Fort Worth for the city's approval of a Municipal Setting Designation (MSD) for
the property located at the southeast corner of Norwood Drive and Trinity
Boulevard, Fort Worth, Texas, an approximately 13 694-acre site (Site), more
fully described m Section 5(a) of this ordinance, 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
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater contamination investigation
and response actions at the Srte, and
Page 1 of 6
WHEREAS, the City Council of the City of Fort Worth is of the opinion that rt is
m 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 Site; 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 drinking water supply system exists that supplies or is
capable of supplying dunking water to the Site, 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 5 to read as follows.
Page 2 of 6
APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
5. CFW MSD-0005
(a) CFW MSD-0005 is defined as follows
BEING that certain tract of land situated m the S Cotrail Survey Abstract
Number 330 and being a portion of that certain tract of land described by deed to
Bell Helicopter Textron, Inc. as recorded as Parcel H in Volume 7231 Page 1786,
Deed Records, Tarrant county Texas, and being more particularly described by
metes and bounds as follows.
BEGINNING at a 4 inch wood post found at"the southwest corner of said Parcel
H, said post also being the northwest corner of that certain tract of land described
by deed to TXI Operations, Inc. as recorded in volume 13191 Page 252, Deed
Records, Tarrant County Texas and being m the east right-of way line of
Norwood Drive (an 80 foot public right-of way) and being m the approximate
south line of said Cotrail Survey and being m the approximate north line of the
W P Burns Survey Abstract Number 121
THENCE N 00 degrees 07 minutes 58 seconds W 725.95 feet (previously
recorded as N 00 degrees 23 minutes 17 seconds E, 726.27 feet) along the west
line of said Parcel H and said east right-of way line of Norwood Drive to a 5/8
inch iron rod with cap stamped 'Carter & Burgess° set at the northwest corner of
said Parcel H, said iron rod also being m the south right-of way line of Trinity
Boulevard (a 120 foot public right-of way)
THENCE N 88 degrees 39 minutes 32 seconds E, 823.30 feet (previously
recorded as N 89 degrees 11 minutes E) along the north line of said Parcel H and
said south right-of way line of Trinity Boulevard to a 5/8 inch iron rod with cap
stamped 'Carter & Burgess" set;
THENCE S O1 degrees 20 minutes 17 seconds E, 532.28 feet, departing said north
line of Parcel H and said south right-of way line of Trinity Boulevard to a 5/8 inch
iron rod with cap stamped 'Carter & Burgess set;
THENCE S 21 degrees 24 minutes 20 seconds W 213.54 feet to a 5/8 inch iron
rod with cap stamped Carter Burgess set m the south hne of said Parcel H, said
iron rod also being m the north line of said TXI tract, and being m the
approximate south line of said Cotrail Survey and the approximate north line of
said Burns Survey
THENCE S 88 degrees 55 minutes 07 seconds W 756 02 feet (previously
recorded as S 89 degrees 26 minutes 24 seconds W) along the common hne of
said Parcel H and said TXI tract and along the approximate common line of said
Page 3 of 6
Cotrail Survey and said Burns Survey to the POINT OF BEGINNING and
contaimng 596,528 square feet or 13 694 acres of land, more or less.
(b) The designated groundwater beneath CFW MSD-0005 is shallow and
perched, with depths varying from 5.25 to 9 65 feet below ground level.
(c) The following contaminants associated with historical uses of the Site
have been detected within the designated groundwater at concentrations
exceeding residential assessment levels for potable use
Tetrachloroethene
(d) The use of the designated groundwater m CFW MSD-0005 for potable
and irngation purposes is hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards.
(e) 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 (1986), as amended, except where the provisions of this ordinance are in 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 remaimng
phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have
Page 4 of 6
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 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 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 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 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 publication as required by law
and rt is so ordained.
APPROVED AS TO FORM AND LEGALITY
Page 5 of 6
DAVID YETT CITY ATTORNEY
~~ ~ ~
ASSISTAN CITY ATT Y
ADOPTED• November 14, 200pp6
EFFECTIVE. ~IO~ter~1~~- c~(~
Page 6 of 6
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Adopt Resolution Supporting the Application of Synstation L.P for a Municipal Setting Designation
for the .Properties Located at Southeast Corner of Norwood Drive and Trinity Boulevard 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 Synstation L.P for approval of a Municipal Setting
Designation (MSD) for the properties located at the southeast corner of Norwood Drive and Trinity
Boulevard an approximately 13 694-acre site in 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 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 NOR TRIM Page 1 of 2
On September 15 2006 Synstation L.P filed an application with the City seeking support of an MSD at the
southeast corner of Norwood Drive and Trinity Boulevard
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
East Regional Library on October 30 2006 Four citizens, two applicant representatives and two City of
Fort Worth staff were present. 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 5.25 to 9 65 feet below ground
level The identified chemical of concern in the designated groundwater that exceeds residential
assessment levels is Tetrachloroethene The impacted groundwater is not a drinking water
source Persons responsible for the contamination are unknown The Fort Worth Water Department
provides water service to all existing residential and commercial/industrial property within '/ mile of the site
All undeveloped property within '/z mile of the site is 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 5
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 b~ Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname• 52MSD NOR TRIN Page 2 of 2