HomeMy WebLinkAboutOrdinance 16716-11-2005ORDINANCE NO(0`71(0 "~ ~ _~~5--
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 2, DESIGNATING CFW MSD-
0002, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW MSD-0002, 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 Michael J Katos, m trust of DTX Associates (Applicant) has filed an
application with the City of Fort Worth for the city's approval of a Mumcnpal
Setting Designation (MSD) for the property located at 6612 Brentwood Stair
Road, Fort Worth, Texas, an approxnmately 0 9185-acre tract, more fully
described as Lot 3-R, McClellan Subdivision, Fort Worth, Tarrant County Texas
(Site) and
WHEREAS, upon passage of a supporting resolution by the City Council,
Applicant intends to file a separate application wrath the Executive Director of the
Texas Commission on Bnvnronmental 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 contamnnatnon investigation and
response actnons at the Snte and
P U S 6 I N Page 1 of 6
WHEREAS, the Crty 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 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 dunking water to the Srte, and property wrtlun one-half mile
of the Site; and
WHEREAS, where public dnnkmg 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 2 to read as follows.
APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
2, CFW MSD-0002
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(a) CFW MSD-0002 is defined as follows
Being 40 O10 square feet or 0 9185 acre tract of land being all of Lot 3 R of
McClellan Subdivision, an addition to the City of Fort Worth, Tarrant County
Texas according to the plat thereof recorded in volume 388-45 Page 59 Plat
Records of Tarrant County Texas, and being more particularly described as
follows
BEGINNING at a found 60d nail for a corner in the west line of Handley Drive (a
60 foot right of way), said point being S 00°03 00' E, a distance of 133 30 feet
from a found 60d nail at the intersection of the west line of Handley Drive with the
south line of Brentwood Stair Road (an 80 foot nght of way), said point being
common east corner of said Lot 3 R and Lot 4-R of the said McClellan
Subdivision, said point the beginning of a tangent curve to the right with a central
angle of 13°41 14 a radius of 447 40 a chord bearing of S 06°47' 37"W and a
chord distance of 106 62 feet;
THENCE, Southwesterly with the west hne of Handley Dnve and along said
curve, an arc distance of 106 88 feet to a found 5/8 inch iron rod for a corner at
the common east corner of said Lot 3-R and Lot 5-R of the said McClellan
subdivision,
THENCE, N 89°22 00 W departing the west hne of Handley Dnve and with the
common hne of said Lots 3-R and 5-R, a distance of 230 44 feet to a found 5/8
inch rod for a corner said point being the common west corner of said Lots 3 R
and 5-R and on the east line of Lot 1 R of the said McClellan Subdivision,
THENCE, N 00°45 00' E, with the common line of said Lots 1 R and 3 R,
passing at a distance of 35 52 feet the common east corner of said Lot 1-R and Lot
2 R of the said McClellan Subdivision, continuing m all a distance of 239 30 feet
to a found 5/8 inch iron rod for a corner m the south hne of Brentwood Stair
Road, said point being the common north corner of said Lots 2 R and 3 R,
THENCE, S 89°22 00' E, with the south line of Brentwood Stair Road, a
distance of 109 80 feet to a set PK nail for a corner said point being the common
north corner of said Lot 3 R and said Lot 4-R,
THENCE, S 00°03 00' E, departing the south hne of Brentwood Stair Road, a
distance of 133 3 feet to a set '/2 inch iron rod for a corner said point being the
southwest corner of said Lot 4-R,
THENCE, S 89°22 00 E, continuing with the said common line, a
distance of 130 feet to the point of Beginning.
Page 3 of 6
(b) The designated groundwater beneath CFW MSD-0002 is shallow perched
groundwater within the alluvial deposits underlain by a stratified shale
layer The groundwater table varies from 4 50 to 14 00 feet below ground
level at the site, and the top of the underlying shale layer lies at depths
ranging from 27 28 feet below ground level.
(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
Cis 1,2 dichloroethene
Benzene
Toluene
Ethylbenzene
(d) The use of the designated groundwater m CFW MSD-0002 for potable and
imgation 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, 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 ~unsdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
Page 4 of 6
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
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 tune of
the effective date of this ordinance and, as to such accrued violations and all pending litigation, both
civil and ci iminal, whether pending m 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 tlus 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.
Page 5 of 6
SECTION 7
This ordinance shall be m full force and effect after its passage and publication as requu-ed by law and
it is so ordained.
APPROVED AS TO FORM AND LEGALITY
DAVID YETT CITY ATTORNEY
Y~ ~"
ASSIST CITY ATTORNE
EFFECTIVE ~~
Page 6 of 6
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT
Conduct a Public Hearing for the Approval of an Application by Michael J Katos in Trust of DTX
Associates for a Municipal Setting Designation for the Property Located at 6612 Brentwood Stair
Road Adopt a Resolution Supporting the Application for a Municipal Setting Designation 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 Michael J Katos, in trust of DTX Associates for approval
of a Municipal Setting Designation (MSD) for the property located at 6612 Brentwood Stair Road an
approximately 0 9185-acre tract, more fully described as Lot 3-R, McClellan Subdivision 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 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 have 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 City Council granted the city's first MSD in April 2005
On October 3 2005 Michael J Katos in trust of DTX Associates, filed an application with the City seeking
http.//www cfwnet.org/council~acket/Reports/mc~nnt.asp 12/12/2005
Page 2 of 2
support of an MSD at 6612 Brentwood Stair Road the Brentwood Stair Shopping Center
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 in the
community on November 15 2005 A summary of this meeting is attached
The designated groundwater beneath the site is shallow perched groundwater within the alluvial deposits
underlain by a stratified shale layer The groundwater table varies from 4 50 to 14 00 feet below ground
level at the site and the top of the underlying shale layer lies at depths ranging from 27 28 feet below
ground level The affected shallow groundwater is not a designated recognized major or minor aquifer
The chemicals of concern identified in the designated groundwater in concentrations exceeding residential
assessment levels for potable water use consist of Tetrachloroethene Trichloroethene Cis 12
dichloroethene Benzene Toluene and Ethylbenzene The parties responsible for the groundwater
contamination associated with historical activities conducted at the Site include Coinmach (formerly Quik
Wash) One-Hour Martinizing Diamond Shamrock and Fina
This site is located in COUNCIL DISTRICT 4
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City Funds.
TO Fund/AccountlCenters
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 (6647)
http.//www cfwnet.org/council~acket/Reports/mc~nnt.asp 12/12/2005