HomeMy WebLinkAboutOrdinance 19009-01-2010ORDINANCE NO 19009-01 2010
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 18, DESIGNATING CFW MSD-
0018, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW MSD-0018, 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, Union Pacific Railroad, (Applicant) has filed an application for
support of a resolution seeking a Municipal Setting Designation for the site known
as the Union Pacific Railroad Centennial Rail Yard, 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 a 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 Crty of Fort Worth is of the opinion that it is
m the best interest of the public to support Applicant's application to the Texas
Page 1 of 8
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 dnnkmg water supply system exists that supplies or is
capable of supplying dnnkmg water to the Site, and property within 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
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 18 to read as follows
APPENDIX A -MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
18. CFW MSD-0018
(a) CFW MSD-0018 is defined as follows
Being a tract of land situated m the City of Fort Worth, Tarrant County
Texas and being 66 57 acres described as a tract of land situated m the
City of Fort Worth, Tarrant County Texas said tract being located m the
W D Conner Survey Abstract No 228 and the T White Survey Abstract
Page 2 of 8
No 1636 and as referenced per Certification of Articles of Merger into
Union Pacific Railroad Company as recorded in Volume 13215 Page 130
of the Official Public Records of Tarrant County Texas, said tract of land
being more particularly described by metes and bounds description
(Exhibit A) and map of CFW MSD - 0018 (Exhibit B)
(b) The designated groundwater beneath CFW MSD-0018 is shallow perched
groundwater that occurs at depths of eight (8) to fifteen (15) feet below the
ground surface (bgs) down to the top of the underlying, confining
limestone layer that occurs at a depth of fifteen (15) to nineteen (19) feet
bgs. The shallow groundwater unit is underlain by several limestone and
clay formations that extend to an estimated depth of 275 to 350 feet bgs.
These formations serve as a regional aquitard that prevents vertical
migration of the chemicals of concern m the shallow groundwater to the
underlying aquifers. The chemicals of concern identified m groundwater
beneath the site exceeding applicable Tier 1 Texas Risk Reduction
Program (TRRP) Residential Protection Concentration Levels (PCLs)
include chorobenzene and light, non-aqueous phase liquids (LNAPL)
(c) The use of the designated groundwater in CFW MSD-0018 for potable
and irrigation purposes is hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards.
(d) The Crty 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 Crty 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, 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
Page 3 of 8
any court of competent ~unsdiction, 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 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 Crty 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 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 Crty Secretary of the Crty 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 Crty 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 it is so ordained.
Page 4 of 8
APPROVED AS TO FORM AND LEGALITY
DAVID YETT CITY ATTORNEY
~1
~By CHRIST REYNOLDS g
ASSISTANT CITY ATTORNEY
ADOPTED January 26, 2010
EFFECTIVE 3 d ~ ~ D
rage 5 of a
Exhibit A
Union Pacific Railroad -Centennial Yard MSD
Metes and Bounds
66.57 Acre Tract
Being a tract of land situated m the City of Fort Worth, Tarrant County Texas. Said tract being located m the
W D Conner Survey Abstract No. 228 and the T White Survey Abstract No 1636 and as referenced per
Certification of Articles of Merger into Umon Pacific Railroad Company as recorded m Volume 13215 Page
130 of the Official Public Records of Tarrant County Texas, said tract being more particularly described by
metes and bounds as follows.
BEGINNING at a set cotton spindle having State Plane coordinates of N(Y)=6948895.21 E(X)=2317255 85
TX North Central Zone 4202, from said set cotton spindle, a found concrete monument as referenced being on
the east line of Lot 13-R, Block 1 Michael Hughes Estate as recorded rn Cabinet B, Slide 613 of the Plat
Records of Tarrant County Texas bears South 64 degrees 48 minutes 49 seconds East, a distance of 70 65 feet
also from said set cotton spindle a found 1/2 inch iron rod being on the west line of said Lot 13-R, Block 1
bears South 08 degrees 07 minutes 39 seconds East, a distance of 105 13 feet; said cotton spindle also being
the beginning of a non tangent curve to the rrght whose chord bears .South 48 degrees 09 minutes 00 seconds
West, a distance of 404 12 feet and having a radius of 508.56 feet;
THENCE Southwesterly along said non tangent curve to the right through a central angle of 46 degrees 49
minutes 16 seconds, an arc length of 415.58 feet to a set cotton spindle for the end of said non tangent curve to
right;
THENCE South 72 degrees 08 minutes 47 seconds West, a distance of 1 174 86 feet to a set cotton spindle;
THENCE North 23 degrees 36 minutes 21 seconds West, a distance of 1,267 75 feet to a set 5/8 inch capped
iron rod stamped 'BHB INC" for the beginning of a non tangent curve to the nght whose chord bears North 61
degrees 46 minutes 53 seconds East, a distance of 677.24 feet and having a radius of 5 100 00 feet;
THENCE Northeasterly along said non tangent curve to the right through a central angle of 07 degrees 36
minutes 50 seconds, an arc length of 677 74 feet to a set 5/8 inch capped iron rod stamped 'BHB INC" for the
end of said non tangent curve to right;
THENCE North 68 degrees 03 minutes 39 seconds East, a distance of 1,991.86 feet to a set 5/8 inch capped
iron rod stamped 'BHB iNC"
THENCE South 87 degrees 20 minutes 25 seconds East, a distance of 379 87 feet to a set 5/8 inch capped iron
rod stamped 'BHB INC"
THENCE South 41 degrees 06 minutes 28 seconds West, a distance of 1 403 81 feet to a set cotton spindle;
THENCE South 02 degrees 52 minutes 16 seconds East, a distance of 521.57 feet to the
POINT OF BEGINNING and containing 2,899 797 square feet or 66.57 acres of land.
Page 6 of 8
Exhibit B
Union Pacific Railroad -Centennial Yard MSD
66.57 Acre Tract
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Exhibit B
Union Pacific Railroad -Centennial Yard MSD
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1I26I2010 -Resolution No. 3847-01=2010 grid Ordinance
No. 19009-01=2010
CONTINUED FROM A PREVIOUS WEEK
DATE Tuesday December 15 2009 REFERENCE NO G-16804
LOG NAME 52MSD UPPR CENTENNIAL RAIL YARD
SUBJECT
Adopt a Resolution Supporting the Application of Union Pacific Railroad Company for a Municipal Setting
Designation for the Centennial (Davidson) Rail Yard Located at 1500 Rogers Road Fort Worth Texas, 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 the Union Pacific Railroad Company for approval of a
Municipal Setting Designation for the property located at 1500 Rogers Road a 66 57 acre tract more fully
described as a tract of land situated in the City of Fort Worth Tarrant County Texas, said tract being
located in the W D Conner Survey Abstract No 228 and the T White Survey Abstract No 1636 and as
referenced per Certifcation of Articles of Merger into Union Pacific Railroad Company as recorded in
Volume 13215 Page 130 of the Official Public Records of 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 for an Municipal Setting Designation 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 ground water that has been
restricted from use as potable water by municipal ordinance A person 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 ground water 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 ground water 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
Logname: 52MSD UPPR CENTENNIAL RAIL YARD Page 1 of 2
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
On October 1 2009 the Union Pacific Railroad Company filed an application with the City seeking support
of an MSD at 1500 Rogers Road Fort Worth Texas
Staff from the Program Management Office Environmental Management, Planning and Development,
Transportation and Public Works and Water Departments reviewed the application for potential impacts to
City interests No significant concerns were identified although some administrative deficiencies were
noted The applicant submitted a revised application on October 16 2009 which the Environmental
Management Department determined to be administratively complete
Notice was issued as required by ordinance and a public meeting was held at Thomas Place Community
Center on November 19 2009 One representative of the Applicant and three City staff were present.
Fifteen residents of Fort Worth and surrounding cities were in attendance There were no comments from
residents adverse to this application
The ground water that is sought to be restricted is shallow perched ground water that occurs at depths of
eight to 15 feet below the ground surface (bgs) down to the top of the underlying confining limestone layer
that occurs at a depth of 15 to 19 feet bgs The affected shallow ground water is not a designated
recognized major or minor aquifer The chemicals of concern detected in the designated ground water
include chorobenzene and light, non-aqueous phase liquids (LNAPL)
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties within the City limits of the City of Fort Worth within one-half mile of the
MSD boundary All undeveloped properties (within the City Limits of the City of Fort Worth) within one-half
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 There are no other
cities within one-half mile of the MSD boundary
The site is located in COUNCIL DISTRICT 9
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
FUND CENTERS
TO Fund/Account/Centers
FROM Fund/AccountlCenters
CERTIFICATIONS
Submitted for City Manager's Office b~ Fernando Costa (6122)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname• 52MSD UPPR CENTENNIAL RAIL YARD Page 2 of 2