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LATEST UPDATE: Binding Arbitration Bill Filed
SEN. FEINGOLD, REP. JOHNSON INTRODUCE MEASURE TO PRESERVE CONSUMER JUSTICE

Arbitration Fairness Act 2007
See more on: Binding Arbitration plus, Latest News

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Texas: Let the Sun Set on TRCC - Builder Protection Agency

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Home on the bombing range
Wednesday, 16 June 2004
Home on the bombing range
Inman News - Military history still haunts development site
Unexploded bombs that may be present at the site could have the potential to injure or kill people, according to Army Corps of Engineers reports. In 1983, during the construction of a 35-acre mobile home park at the former Five Points site, work was halted when a practice bomb was discovered there. A cleanup on that site followed, and an estimated 3,000 practice bombs were recovered from that portion of the site… Other bomb types were reportedly dropped at the site including the 100-pound M38A2 practice bomb and practice versions of the M47 chemical bomb…
According to court documents, King-Lewis stated in a sworn affidavit that she was approached in 2002 by Victor Toledo, a KB Home representative who allegedly ""did attempt to coerce, bribe, induce, manipulate and persuade me to sign…false affidavits."" She also reported that Toledo ""was unquestionably clear in his attempts to harass and force my family and me into submission by the offer of financial compensation as an inducement, in exchange for my signature on a false affidavit, which would be used to give witness against Janet Ahmad in his pursuit of future criminal actions against her."

                        FACT SHEET

SOUTHRIDGE HILLS SUBDIVISION


History: KB Home built the Southridge Hills subdivision on a former
Military Bombing Range
  • The Dallas Naval Air Station used a site that was known as the Five Points Outlying Field in the 1940’s and 1950’s as a practice bombing range, located in Arlington Texas.

  • In 1956 the federal government sold the property with a "Certificate of Clearance" attached to the deed, which stated the land could be used for above-surface use to which the land is suited.”
    Source: Letter to Corps of Engineers, US Army 1954 – Subject: Report of Clearance of Navy… Certification of Clearance 1954 states:
    “The 25.6 impact area as outlined in the attached sketch is recommended for any above surface to which the land is suited.” 
     

  • In 1986 Congress established the Formerly Used Defense Sites (FUDS) Program to clean up properties used by the Army or Navy, etc. As mandated by Congress the US Army Corps of Engineers designated the property as a FUDS clean up site in 1996. 

  • A US Army Corps of Engineers field report written on February 17, 1998, was the result of a meeting at the Five Points property with the owner/developer (Southridge) advising them to hire an “unexploded ordnance contractor if they had intentions of developing the site.” 

  • A Phase One report prepared by GEE Consultants, Inc. dated February 16, 1998 concluded: “This does not preclude the possibility that some hazardous material is buried or located below grade somewhere within the site.” 

  • Five Points Outlying Field was given a RAC 2 priority rating for clean up by the US Army Corps of Engineers. The rating system (RAC) prioritizes cleanup sites with a scale of from 1 to 5, one being the highest priority. 

  • The Five Points project had a RAC 2 rating in 2000 when KB Home began to build and sell homes on the land (Southridge Hills) omitting the “above-surface use restriction” that was originally placed on the property by the US Government. 

  • In 2000 KB Home began building and selling homes on the property without first hiring an unexploded ordnance contractor to clear the land of the remaining bombs. 

  • In mid 2001 Southridge Hills homeowners first became aware of the former practice bombing range when a dog and children began to find practice bombs.  

  • US Congressman Joe Barton who represents the Arlington district and his chief of staff Ron Wright, also an Arlington City Councilman were instrumental in the US Army Corps of Engineer’s decision to change the RAC 2 designation of the Southridge Hills Subdivision to the current highest priority RAC 1 rated cleanup. In 2002 Congress approved an appropriations bill and the US Army Corps of Engineers approved a one million budget to cleanup the site. 

  • Throughout the past two years the City of Arlington continued to approve and issue building permits that allows KB Home to continue building houses on the land without hiring an unexploded ordnance contractor to clear the land before construction or certify the clearance of the remaining military ordnance. 

  • The US Army Corps of Engineers is in the process of obtaining written permission from each homeowner to excavate their property as part of the planned one-million-dollar cleanup operation. 

  • As part of the million dollar operation the US Army Corps of Engineers will be moving homeowners to motels to remove the remaining bombs.

    KB Home continued to build, sell and finance homes under taxpayer federally insured FHA and VA loan programs in the Southridge Hills subdivision.

     

     
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