HomeMy WebLinkAbout05382ORDINANCE NO. 5382
AN ORDINANCE RELATING TO TRANSFER AND ALLOCATION OF
FUNDS FROM THE SALES AND USE TAX CAPITAL IMPROVEMENT
FUND TO THE SPECIAL AIRPORT IMPROVEMENT FUND HEREBY
CREATED AND ACCEPTING AND APPROVING A DEED OF RELEASE
FROM THE FEDERAL AVIATION ADMINISTRATION TO THE CITY
OF PUEBLO RELATING TO LAND AT PUEBLO MEMORIAL AIRPORT.
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT:
SECTION 1:
THERE IS HEREBY APPROPRIATED AND TRANSFERRED FROM THE SALES
AND USE TAX CAPITAL IMPROVEMENT FUND TO A SPECIAL FUND HEREBY CREATED AND
KNOWN AS THE "SPECIAL AIRPORT IMPROVEMENT TRUST FUND - 1987' (HEREIN CALLED
"SPECIAL FUND ") THE SUM OF $48,600.00 BEING THE APPRAISED VALUE OF 4.47 ACRES
OF LAND LOCATED AT PUEBLO MEMORIAL AIRPORT TO BE CONVEYED TO KURT MANUFACTURING
COMPANY. THE FUNDS IN THE SPECIAL FUND HEREBY CREATED WILL NOT BE ELIGIBLE
AS CITY MATCHING FUNDS FOR DEVELOPMENT OF THE AIRPORT UNDER THE FEDERAL
AIRPORT IMPROVEMENT PROGRAM.
SECTION 2•
WITHIN FIVE YEARS FROM THE DATE OF THIS ORDINANCE, THE FUNDS DEPOSITED
INTO SAID SPECIAL FUND HEREBY CREATED SHALL BE EXPENDED ON PROJECTS AND IN
PRIORITY MUTUALLY AGREEABLE TO THE FEDERAL AVIATION ADMINISTRATION AND THE
CITY FOR THE FURTHER DEVELOPMENT OF PUEBLO MEMORIAL AIRPORT.
SECTION 3:
THE SPECIAL FUND EREBY CREATED AND THIS ORDINANCE SHALL REMAIN IN
EFFECT UNTIL THE SPECIAL FUND IS EXPENDED IN ACCORDANCE WITH THE PROVISIONS
OF SECTION 2 HEREOF.
SECTION 4:
THE DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION UNDER
DATE OF , IN SUBSTANTIALLY THE FORM ATTACHED HERETO, IS
HEREBY APPROVED AND ACCEPTED. THE PRESIDENT OF THE CITY COUNCIL IS HEREBY
AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY THE DEED OF
RELEASE WITH SUCH MODIFICATIONS AND CHANGES HE AND THE CITY ATTORNEY MAY
APPROVED.
THE CITY CLERK IS AUTHORIZED AND DIRECTED TO ATTEST SAME AND AFFIX
THE SEAL OF THE CITY THERETO.
SECTION 5:
THIS ORDINANCE SHALL BECO14E EFFECTIVE IMMEDIATELY UPON FINAL APPROVAL.
INTRODUCED JANUARY 26,1 87
BY PAUL. JONES
COUNCILMAN
APPROVE
J
PRESIDENT OF CITY COUNCIL
on IA" ��N:./
ITA I N MR
r4o. 830011
ruExa :.r+rr, COL.ORAOO
DEED OF RELEASE
APR 3 1987 Book2340 mrE900
This instrument, a Deed of Release, made by the United States of
America acting by and through the Administrator of the Federal Aviation
Administration, under and pursuant to the powers and authority contained
in the provisions of Public Law 81 -311 (63 Stat. 700), as amended, to
the City of Pueblo a municipal corporation organized and existing under
the laws of the State of Colorado, witnesseth:
WHEREAS, the UNITED STATES OF AMERICA, acting by and through the
War Assets Administrator, under and pursuant to Reorganization Plan One
of 1947 (12 Fed. Reg. 4534) and the Property Act of 1944, as amended,
and applicable rules, regulations and orders, did by instrument entitled
Quitclaim Deed dated July 20, 1948 and recorded in Book 1074, pages 87
to 117 by the Pueblo County Recorder, Colorado, remise, release, and
quitclaim to the City of Pueblo, and now known as the Pueblo Memorial
Airport being that some land transferred to the City of Pueblo by
quitclaim deed dated July 20, 1948, subject to certain conditions,
reservations, covenants, and restrictions, and
WHEREAS, the City of Pueblo has requested the Administrator of the
Federal Aviation Administration to release the hereinafter described
real property from all conditions, reservations, and restrictions
contained in said quitclaim deed for the purpose of selling said
property, and
WHEREAS, the Administrator of the Federal Aviation Administration
under and pursuant to the powers and authority contained in Public Law
81 -311 (63 Stat. 700), as amended, is authorized to grant a release
from any of the terms, conditions, reservations, covenants, and restric-
tions contained in the quitclaim deed for the purpose of selling said
property and pursuant to Section 13 of the Surplus Property Act of
1944, as amended, and
WHEREAS, the Administrator of the Federal Aviation Administration
has determined that the release of such real property as is herein
described, from all terms, conditions, reservations and restrictions as
set forth in the above identified instruments is in the best interests
of the United States and civil aviation, and that the release herein
will not prevent accomplishment of the purpose for which the property
was transferred and is necessary to protect or advance the interests of
the United States in civil aviation.
800K2340 PArF901
2
PROVIDED FURTHER, that the City of Pueblo include in the Deeds of
Conveyance of the hereinafter described real property the following
reservations and covenants:
a. That the City of Pueblo reserves unto itself, its successors
and assigns, for the use and benefit of the public a right of
flight for the passage of aircraft in the airspace above the
surface of the real property herein described, together with
the right to cause in said airspace such noise as may be
inherent in the operation of aircraft, now known or hereafter
used, for navigation of or flight in said airspace, and for
use of said airspace for landing on, taking off from or
operating on Pueblo Memorial Airport.
b. That the Grantee expressly agrees for itself, its successors
and assigns to restrict the height of structures, objects of
natural growth and other obstructions on the said property
being conveyed to a height of not more than 4700 feet above
sea level.
c. That the Grantee expressly agrees for itself, its successors
and assigns to prevent any use of the herein described real
property which would interfere with landing or taking off of
aircraft at the Pueblo Memorial Airport, or otherwise constitute
an airport hazard.
NOW, THEREFORE, for and in consideration of the benefits to accrue
to the United States and to civil aviation, the UNITED STATES OF
AMERICA, acting by and through the Administrator of the Federal Aviation
Administration, hereby releases the following described property from
all terms, conditions, reservations, and restrictions contained in the
aforementioned quitclaim deed and grant agreements:
A parcel of land located in the County of Pueblo, State of Colorado,
to -wit:
A parcel of land being a portion of the N 1/2 of the SW 1/4 and
the S 1/2 of the NW 1/4 of Section 30, Township 20 South, Range 63 West
of the 6th Principal Meridian, being more particularly described as
follows:
800X2340 PAGE90
3
Commencing at a point from which the NW corner of said Section 30
bears N 15 41' 24" W (Bearings are based on the North line of said
Section 30 to bear N 89 59' 27" E), a distance of 2371.24 feet; thence
S O1° 31' 26" E, a distance of 220.00 feet to the True Point of Beginning;
thence N 88° 26' 39" E, a distance of 389.14 feet; thence .S 01 31' 52"
E, a distance of 500.33 feet; thence S 88° 27' 57" W, a distance of
389.20 feet; thence N 01° 31' 26" W, a distance of 500.18 feet to the
True Point of Beginning.
Said parcel contains 4.47 acres, more or less.
IN WITNESS WHEREOF the United States of America has caused this Deed
of Release to be executed as of the ?3A4 day of D&.C5na 65 ,.Z , 19&
UNITED STATES OF AMERICA
ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION
Manager, Airports Division
Northwest Mountain Region
Federal Aviation Administration
STATE OF WASHINGTON )
COUNTY OF )
On thi s a3" j day of - bE0'EM &EP , 19 S t, , before me !tn/,V ,E WCn O� y
a Notary Public in and for the State of Washington, personally appeared
Edward G. Tatum, Manager, Airports Division, Northwest Mountain Region,
Federal Aviation Administration, and known to me to be the person whose
name is subscribed to this Deed of Release and acknowledged that he
executed the same on behalf of the Administrator, Federal Aviation
Administration and the United States of America.
�C
ali '�ss hand and official seal.
Al,
`C�r6; iysV on_ expires
I Q /w
CF ' ^�,.�� Notary Public
ATTEST:
By L
C /
c
ACCEPTED City of Pueblo, Colorado
By
President of the City Counci
1 ty . Atto F
t
CIVIL PENALTY CONSENT AGREEMENT
PUEBLO PRETREATMENT PROGRAM
This Civil Penalty Consent Agreement is entered this
day of May, 1991 by and between the City of Pueblo, a Municipal
Corporation (hereinafter "Pueblo ") and Kurt Manufacturing Company,
a Minnesota Corporation (hereinafter "Company ").
WHEREAS, Pueblo is a home rule city organized and existing
under and by virtue of Article XX of the Colorado Constitution;
and
WHEREAS, Pueblo owns and operates publicly owned treatment
works (POTW) for the collection and treatment of municipal
wastewater, including industrial wastes of a liquid nature; and
WHEREAS, Pueblo has an Approved POTW Pretreatment Program
approved by the Regional Administrator of the U.S. Environmental
Protection Agency ( "EPA ") pursuant to 40 C.F.R., §403.11 and
provisions of the Clean Water Act, 33 USC 51251, et. sec .; and
WHEREAS, Pueblo has received delegation from EPA of responsi-
bility to enforce against violations of the Federal Pretreatment
Program Standards including Categorical Pretreatment Standards,
and prohibitions against Pass Through and Interference, including
those embodied in both EPA regulations and local limits; and
WHEREAS, Section 307(d) of the Clean Water Act (33 USC
91317(d)) prohibits the owner or operator of any source from
violating any pretreatment standard, including local limits (see
40 CFR 9403.5(d)); and
WHEREAS, Pueblo has duly adopted pretreatment Ordinances,
including those set forth in Chapters 7 and 9 of Title XVI of the
1971 Code of Ordinances of the City of Pueblo, as amended,
establishing local limits for ph and prohibiting discharge to its
system of any wastewater having a ph of less than 5.0 or greater
than 9.0 (Sections 16- 9- 3(A)(3) and 16- 7- 13(d); and
WHEREAS, Categorical Pretreatment Standards have been
promulgated and are applicable to Metal Finishing operations. See
40 CFR §433.16. Said Categorical Pretreatment Standards provide
for a maximum daily discharge of total Cadmium of 0.11 mg /1. and
maximum daily discharge of total Chromium of 2.77 mg /1, and
provide that ph shall not exceed 9.0; and
WHEREAS, Company conducts Metal Finishing operations on real
property ( "Property ") conveyed to Company by Deed dated September
25, 1986 and recorded April 14, 1987 in the records of the Pueblo
County Clerk and Recorder in Book 2342 at Page 481 (hereinafter
"Deed "), which Deed was duly acknowledged and accepted by Company;
and
WHEREAS, Deed contained restrictive covenants which run with
the land including a covenant that:
(g) Wastewater discharged from the Property into City's
sanitary sewer system and Company's use thereof are limited
by and subject to City's sewer user, industrial cost
recovery, high strength surcharge, and pretreatment
ordinances, rules and regulations applicable to City's
sanitary sewer system at Pueblo Memorial Airport, now in
effect or hereafter adopted or amended.
and;
WHEREAS, Deed also provides in paragraph 8 thereof that the
City of Pueblo
shall have the right to enforce the restrictions, covenants
and conditions hereof by injunction or other lawful procedure
and to recover damages, costs, expenses, including reason-
able attorney fees, resulting from any violation thereof or
arising out of their enforcement
and;
WHEREAS, Pueblo provides wastewater treatment services for
Company in connection with its manufacturing operations and
facilities located at Pueblo Memorial Airport and Industrial Park
including those on Property; and
WHEREAS, City contends it is under no contractual or legal
obligation to provide wastewater treatment services to Company for
treatment of industrial process wastewater; and
WHEREAS, Pueblo is further authorized to enforce its
Pretreatment Program at Pueblo Memorial Airport through injunctive
action pursuant to and in furtherance of its police power and
Section 16- 9 -13(c) of the 1971 Code of Ordinances of the City of
Pueblo, as amended; and
WHEREAS, Pueblo is authorized to obtain penalties and damages
for violation of its pretreatment ordinances; and
WHEREAS, Pueblo contends it is authorized to suspend or
terminate wastewater treatment service to any user who discharges
wastewater harmful to City's treatment system; and
WHEREAS, Interference is any discharge that alone or in
conjunction with other discharges inhibits or disrupts the POTW or
causes a violation of the POTW's discharge permit or exceedance of
receiving stream water quality standards; and
WHEREAS, Pueblo prohibits discharge to its system of any
wastewater which will cause Interference, including but not
limited to any discharge which would cause Pueblo to violate its
-2-
NPDES permit or exceed receiving stream water quality standards.
(See Section 16- 9- 3(A)(10), 1971 Code of Ordinances and 40 CFR
§403.5 40 CFR §403.3(i)); and
WHEREAS, National Pretreatment Standards require industrial
users to notify a POTW immediately of all discharges that could
cause problems to the POTW, see 40 CFR §403.12 (f), and of all
substantial changes in their discharges, 40 CFR §403.12(j), and
within 24 hours of learning of any violation discovered by
sampling, 40 CFR §403.12(g)(2); and
WHEREAS, in response to an anonymous report of pretreatment
violations occurring at Company, Pueblo sampled Company's waste-
water discharge for ph on January 29, 1991 and January 30, 1991.
The ph of Company's discharge was found to be 10.25 on January 29,
1991 and 9.53 on January 30, 1991 in violation of pretreatment
standards for ph; and
WHEREAS, Company's discharge of wastewater containing high ph
caused Interference to Pueblo's POTW sufficient to cause Pueblo's
POTW to exceed the 7 day average BOD limit contained in NPDES
permit No. CO- 0022764; and
WHEREAS, Company's self- monitoring for February, 1991
indicated that on February 18, 1991, Company exceeded categorical
pretreatment standards by discharging wastewater containing 0.14
mg /l of total Cadmium and 3.29 mg /l of total Chromium; and
WHEREAS, EPA has heretofore advised Pueblo that Pueblo must
take "appropriate enforcement actions against all non - complying
industrial users. Such actions must include the assessment of
penalites when appropriate," and
WHEREAS EPA has represented to Pueblo on March 28, 1989 that
EPA is nationally preparing a major enforcement
initiative against publicly owned treatment works that have
failed to properly implement their pretreatment programs.
and;
WHEREAS, if EPA determines that the enforcement action taken
by a POTW with an Approved POTW Pretreatment Program is not
"appropriate ", EPA may seek to directly enforce pretreatment
standards pursuant to Section 309(f) of the Clean Water Act (33
USC §1319(f)); and
WHEREAS, the parties hereto wish to avoid needless expense of
formal judicial proceedings and desire to act in a manner which
EPA may consider to be appropriate enforcement action;
NOW, THEREFORE, in consideration of the foregoing recitals
the truth of which is stipulated, and of the terms and conditions
hereinafter set forth, the parties agree as follows:
-3-
1. (a) Company admits that an exceedance of categorical
pretreatment standards for total Cadmium and total Chromium
occurred on February 18, 1991.
(b) Company admits that it exceeded local pretreatment
limits by discharging wastewater with a ph greater than 9.0 on
January 29, 1991 and January 30, 1991.
(c) Company admits that it violated pretreatment
standards prohibiting Interference by discharging wastewater with
high ph during January 29 and 30, 1991, sufficient to cause
Pueblo's POTW to exceed the 7 day average BOD limitation
contained in NPDES permit No. CO- 0022764.
2. Within 30 days of execution of this Agreement, Company
shall pay to Pueblo a civil penalty of $6,000.00 for the aforesaid
violations.
3. Company shall, commencing immediately, again be required
to monitor its process wastewater not less than twice monthlygr
each of the fol�2wing comp2nents: ph, TCN, Ag, Zn, Cd, Cr, CR ,
Cu, Pb, t1i, Ni , and Zn TTO shall be monitored not less than
once every 3 months. Analysis shall be performed by both quali-
fied . personnel and laboratory. Monthly reports for these compo-
nents shall be provided to Pueblo monthly by not later than the
last day of the month following the month when sampled.
(4) (a) Company shall immediately cease all non - compliance
with pretreatment standards for ph. If such non - compliance cannot
be ceased except through capital construction or modification of
facilities, Company shall either (a) cease all process discharge
causing such violation or (b) propose to City and negotiate a
compliance schedule to eliminate all future violations of
pretreatment standards as expeditiously as possible without
causing undue hardship or economic dislocation. Any such
compliance schedule shall provide for both operational and
facilities changes which Company deems necessary to avoid future
non - compliance.
(b) Within 60 days of date of this Agreement, Company
shall commence implementation of its approved compliance schedule,
if any. Any failure of Company to comply with pretreatment
standards shall.not be excused because Company has submitted a
compliance schedule, it being expressly understood that adherence
to the compliance schedule will only be considered as a factor in
mitigation with respect to the amount of any civil penalty which
should be imposed for a standards violation and not as a bar to
any enforcement or civil penalty for future violations.
5. Company agrees to defend, indemnify and hold Pueblo
harmless from all claims, administrative and judicial actions,
costs, damages, and civil penalties which are brought against
Pueblo on account of any discharge by Company which caused the
-4-
exceedance on or about January 29 and 30, 1991 of effluent
limitations for BOD contained in Pueblo's discharge permit No.
CO- 0022764. Company shall not settle any enforcement proceeding
against Pueblo or action against Pueblo for civil penalties, nor
admit to or confess any violation of any standard, law or regula-
tion by Pueblo without express written authorization from Pueblo
to do so.
6. Nothing in this Agreement shall restrict or limit Pueblo
from taking enforcement action with respect to any other future
violation of pretreatment and sewer user ordinances, requirements
and regulations.
7. This Agreement is intended to be specifically enforce-
able through suit for specific performance and injunction. In the
event Pueblo commences an action for enforcement of this Agreement
and substantially prevails thereon, Pueblo shall be entitled to
recover its attorney fees, costs and expert witness fees incurred
in prosecuting such action. In the event Pueblo commences an
action to enforce this Agreement which is determined by a court of
competent jurisdiction to be substantially frivolous, substantial
ly groundless or substantially vexatious and without merit,
Company shall be entitled to recover its reasonable attorney fees,
costs and expert witness fees incurred in defending such action.
WHEREFORE, the parties have executed this instrument the day
and year first above written.
KURT MANUFACTURING COMPA14Y
B y
K.G. Walker, U. P. Human Resources
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By
Lewis Quigley
City Manager
TF 43.5 -5-