City of Henderson, Kentucky Board of Commissioners Meeting Tuesday, May 22, 2018
Municipal Center Third Floor Assembly Room 222 First Street 5:30 P.M. AGENDA
1. Invocation: Rev. Jeff Ferguson, First Assembly of God
2. Roll Call:
.)" . Recognition of Visitors:
4. Appearance of Citizens:
5. Proclamations:
6. Presentations: Angie Hagedorn, Humane Society Quarterly Report Trisha Wright, Online Community Resource Guide Major Briscoe Edwards, Fireworks Ordinance Review
7. Public Hearings: Municipal Aid Funds and Local Government Economic Assistance Funds
8. Consent Agenda:
Minutes: April 24, 2018 Regular Meeting May 8, 2018 Special Called Meeting
9. Ordinances & Resolutions:
Second Readings:
First Readings: Ordinance amending Code of Ordinances Chapter 6, Animals
Ordinance amending Code of Ordinances Chapter 15, Nuisances
Ordinance amending Code of Ordinances Chapter 21, Taxation
Resolutions: Resolution Establishing Board of Commissioners COLA
Resolution Authorizing Agreement with the Transportation Alternatives Program for the Green River Road Sidewalk Project
Resolution Order Approving Municipal Road Aid Cooperative Program Agreement
Please mute or turn off all cell phones for the duration of this meeting. 10. Municipal Orders:
11. Bids & Contracts: Municipal Order Authorizing Lease Between HMPL and Allstate Tower
Municipal Order Approving Purchase of Road Salt from Morton Salt, Inc for $92.00 per ton
Municipal Order Authorizing the Contract for Financing of Body worn Cameras and In-car Video Cameras between the City and Kansas StateBank
12. Unfinished Business:
13. City Manager's Report:
14. Commissioners' Reports:
15. Appointments:
16. Executive Session:
17. Miscellaneous:
18. Adjournment
Please mute or turn off all cell phones for the duration of this meeting. City Commission Memorandum 18-99
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager
SUBJECT: Presentations
Three items are scheduled under the Presentations section of the agenda for Tuesday, May 22, 2018.
Ms. Angela Hagedorn, Executive Director of the Humane Society of Henderson County, will give a quarterly report to discuss the Shelter and answer any questions about their progress.
Ms. Trisha Wright will present the forthcoming online Community Resource Guide, which was her Henderson Leadership Initiative project.
At the request of Commissioner Austin Vowels, Major Briscoe Edwards, Henderson Police Department, will give an overview of the current fireworks ordinance, complaints received about fireworks, and enforcement of the ordinance.
c: Jason Hargitt, Interim Police Chief City Commission Memorandum 18-92
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ;2A
SUBJECT: Public Hearing on Use of Street Funds
An item under the Public Hearings section of the agenda is a public hearing on the proposed use of Municipal Aid Funds and Local Government Economic Assistance (LGEA) Funds for the fiscal year commencing July 1, 2018.
The amount of Municipal Aid Funds and LGEA Funds proposed for use for streets and roads is approximately $568,000.00 and $17,000.00. Attached is the list of proposed streets to be included for maintenance/repair utilizing these funds.
Notice of the public hearing has been properly advertised as required by KRS.
c: Brian Williams Dawn Winn CITY OF HENDERSON, KY PAVING OF STREETS AND ROADS FISCAL 2019
Street From To Budget
Paving Total expense account 4317 $ 500,000 Minor Street, Shoulder and Sidewalk Repair expense account 4316 ·--w,~,~-~~2!L _$ "=~850,000
C-145 City Commission Memorandum 18-94
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ;J,d
SUBJECT: Consent Agenda
The Consent Agenda for the meeting of May 22, 2018, contains the following:
Minutes: April 24, 2018 Regular Meeting May 8, 2018 Special Called Meeting 81 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on April 24, 2018
A meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, April 24, 2018, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky.
INVOCATION was given by Britney Smith, Executive Director, Habitat for Humanity, followed by recitation of the Pledge of Allegiance to our American Flag.
There were present Mayor Steve Austin presiding:
PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels
ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. Robert Gunter, Finance Director Mr. Trace Stevens, Parks, Recreation & Cemeteries Director Mr. Scott Foreman, Fire Chief Mr. Jason Hargitt, Interim Police Chief Mr. Ray Nix, Code Administrator Mr. John Stroud, Code Enforcement Officer Mrs. Connie Galloway, Human Resources Director Mr. Jeremy Baxter, Assistant Fire Chief Mr. Joshua Dixon, Fire Lieutenant Mr. Christopher Watson, Fire Lieutenant Mr. Jeffrey Yeckering, Firefighter Mr. Matthew Anderson, Firefighter Mrs. Jennifer Latimer, Executive Assistant Mr. Tom Williams, HWU General Manager Mr. Todd Bowley, HWU ChiefFinancial Officer Mr. Paul Bird, Water & Sewer Commission Chair Dr. Gary Jennings, Water & Sewer Commission Ms. Leslie Newman Ms. Shannon Long, Methodist Hospital Ms. Christa Cole, Methodist Hospital Mr. Rich Nading, Green River District Health Department Ms. Kelly Schneider, Easter Seals Rehabilitation Center CEO Mr. Larry Stone, Audubon Beekeepers Association President Mr. L. V. Duggger, Audubon Beekeepers Association Vice President Ms. Lindsay Locasto, Downtown Henderson Partnership Mr. Scott Davis, Raymond B. Preston Family Foundation/Field & Main Bank Mr. Brandon Williams, Henderson County Kentucky Farm Bureau President Mr. Bob Watson, Henderson County Kentucky Farm Bureau Vice President Mr. Skip King, Henderson County Kentucky Farm Bureau Board Member Mr. Chase Fulcher, Henderson County Kentucky Farm Bureau Agency Manager Mr. Jeff King, HC KFB Member & Corydon Volunteer Fire Department Assistant Chief Mr. Brett Barnett Mr. Dennis Branson Ms. Britney Smith, Executive Director, Habitat for Humanity Mr. Doug White, the Gleaner Mr. Mike Richardson, Police Reserve Officer 82 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on April 24, 2018
APPEARANCE OF CITIZENS:
BRETT BARNETT, reported on behalf of neighbors in Frontier Subdivision and Balmoral Subdivision that the coyote problem is getting worse again and they feel that it is the City's responsibility to do something about it. He reported that several neighbors have encountered the coyotes and they are not afraid of people. He stated that someone is going to get hurt. MAYOR AUSTIN explained that he and Judge Schneider have been discussing possible solutions on reducing the coyote population within the City and the County; however they are wild animals and are regulated by the state.
COMMISSIONER STATON indicated that he and a few other independent citizens worked on a collaborative project with the Kentucky Department of Fish and Wildlife, the County, and farm landowners, back in December and January, during trapping season, to have a qualified company assist with population reduction.
DISCUSSION WAS HELD regarding the City possibly assisting with funds to work with the state on population reduction; that research indicates that when animals are removed, more offspring are produced to replace them; that the citizens believe this is a City problem since they live in the City and pay taxes to the City; everyone agreed that residents' safety is an important concern; and that there are multiple agency jurisdictions that have to agree on how best to address the issue and therefore it may take some time.
DENNIS BRANSON, requested that the Board of Commissioners ask that the Planning Commission review and make recommendation for additional zoning locations for Self Storage units. He explained that he serves on several committees and has been in discussion with the City's Code Enforcement department as well as Planning Commission staff for the last two years on this. He indicated that the issue again presented itself when during the design of the new Colonial Assisted Living facility discussion came up about having self-storage in close proximity to assist the residents. Mr. Branson further explained that this is a phenomenon across the nation with more and more Baby-boomers retiring and downsizing from large homes into smaller apartments and assisted living facilities. The City's current Zoning Regulations only allow these storage units in the Industrial Zone and he is proposing that they be included in areas where they will be used such as General Business, Neighborhood Business, and R-4. He is further proposing that in these additional zones, they be conditional uses so that the general look and feel of the units can be controlled to better blend into the neighborhoods.
PROCLAMATION: "Arbor Day"
MAYOR AUSTIN proclaimed April 27, 2018, as "Arbor Day" in the City of Henderson and urged all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program. Mr. Trace Stevens, Parks & Recreation Director accepted the proclamation. He invited everyone to attend the Arbor Day celebration in Atkinson Park near the sand volleyball courts at 4:00 p.m. on Friday, April 2?1h where the City will be the recipient of the Tree City USA designation from the Kentucky Division of Forestry for the 23rd consecutive year and awards will be presented to the K-3'd grade Arbor Day Coloring Contest winners and the fourth- and fifth-graders Essay Contest winners as well as the planting of a new River Birch tree. Mr. Stevens thanked the Henderson Rotary Club for donating the tree this year as well as 100 seedlings to be given away at the celebration.
PROCLAMATION: "Building Safety Month"
MAYOR AUSTIN proclaimed the month of May 2018 as "Building Safety Month" in Henderson, Kentucky, and urged all citizens to learn more about how they can contribute to building safety at home and in our community. Mr. Ray Nix, Code Administrator, accepted the 83 CITY OF HENDERSON - RECORD BOOK
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proclamation. Mr. Nix indicated that building code regulations are extremely important for the citizens of Henderson's health, welfare and safety. The Code Enforcement division has a few events scheduled for the month of May including weekly public service announcements, hosting the Western Kentucky Code Enforcement group quarterly meeting, and conducting a building codes and safety seminar with the Henderson County High School Vocational School.
PRESENTATION: Preston Family Foundation Donation to the Perch Pocket Park
LINDSAY LOCASTO, Downtown Henderson Partnership Executive Director, and SCOTT DA VIS, Raymond B. Preston Family Foundation in partnership with Field and Main Bank, presented a check from the Raymond B. Preston Family Foundation designated for use on the Perch Pocket Park project located on Second Street. Mr. Davis thanked Commissioner Staton for his leadership on the project.
COMMISSIONER STATON thanked the Foundation for the grant funding indicating that it truly was the springboard that allowed everything else for the project to continue to fruition.
COMMISSIONER BUGG indicated that she was proud that the Henderson Audubon Board of Realtors was one of the very first to contribute to the project.
LINDSAY LOCASTO, Downtown Henderson Partnership Executive Director, thanked the Preston Family Foundation on behalf of the many other organizations involved in this collaborative effort and invited everyone to drive by to see the progress. She reported that the Pergola is up and there will be a stage, a virtual kiosk, and a game exchange area among other things.
PRESENTATION: 2018 Smoke-Free Endeavor in E-Cigarette Policy Award
LESLIE NEWMAN, indicated that the City's resent amendments to include e-cigarettes to the partial smoke-free ordinance was seen as progressive by the University of Kentucky College of Nursing, the Kentucky Center for Smoke-free Policy, the Coalition for a Smoke-free Tomorrow, the Campaign for Tobacco-free Kids, the Foundation for a Healthy Kentucky , the American Cancer Society, the American Heart Association, the American Stroke Association and the American Lung Association and that during a conference held in Lexington on April 11, 2018 the City was honored for leadership and collaborative efforts in promoting the health of Henderson citizens with the 2018 Smoke-Free Endeavor in E-Cigarette Policy Award from the Kentucky Center for Smoke-Free Policy at the University of Kentucky. Ms. Newman reported that the Be Healthy Henderson Coalition was formed in 2012 as a result of a Methodist Hospital community health needs assessment. There are about 45 to 50 members that meet monthly and that she and other members of a subcommittee have chosen to address the areas of obesity and diabetes, teen issues, and smoking prevention and tobacco cessation, including a mental health aspect with each targeted issue. She and her group would like to acknowledge the work of Henderson County Public Schools to be smoke-free, the work of Bobbie Jarrett at the Henderson Housing Authority to make public housing smoke-free, the City of Henderson's efforts, as well as Nancy Watkins with Henderson County Recycling Program for receiving a grant from Keep America Beautiful to be used for cleaning up the debris of tobacco use around our community. Other members of the subcommittee are: Shannon Long, Methodist Hospital Prevention And Wellness, And Christa Cole, Methodist Hospital Radiology; Rich Nading, Green River District Health Department; Kelly Schneider, Easter Seals Rehabilitation Center; Jamie Rafferty, Kentucky Cancer Program; Darla Jones and Cynthia Nunn, Marsha's Place; Sarah Smith, Methodist Hospital Oncology/UK Markey Cancer Center; and Shandra Dority, Health First Community Health Center.
SHANNON LONG, Methodist Hospital Prevention and Wellness, and CHRIST A COLE, Methodist Hospital Radiology, each spoke briefly on additional training on new smoking 84 CITY OF HENDERSON - RECORD BOOK
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cessation programs and a new low dose CT scanning process to facilitate the plan to be tobacco free.
When asked whether or not smoking among teens has increased of late, RICH NADING, Green River District Health Department, reported that combustible smoking has been declining over the last decade, however e-cigarette use has dramatically increased. He indicated that there are more and more studies that refute the idea that e-cigarettes are safer, that they are a way to quit regular smoking, and that they don't lead to regular smoking.
PRESENTATION: Grain Rescue Tube and Auger Donation
SCOTT FOREMAN, Fire Chief, introduced Henderson County Kentucky Farm Bureau Members Brandon Williams, President; Bob Watson, Vice President; Skip King, Board Member; Chase Fulcher, Agency Manager; and Jeff King, Member and Corydon Volunteer Fire Department Assistant Chief.
JEFF KING, Henderson County Kentucky Farm Bureau Member and Corydon Volunteer Fire Department Assistant Chief indicated that Henderson County has been very fortunate to not have had any recent incidents where this equipment would have been needed. He explained that this is a high-speed model and is the highest rapid response rescue equipment available today. This is the first donation of this type equipment with the second one going to the Henderson County Rescue Squad and then eventually to each county volunteer fire department.
Lieutenants Dixon and Watson along with Firefighters Yeckering and Anderson then demonstrated the Grain Rescue Tube and Auger machine using a mop bucket full of grain with a submerged toy bear. A large open-ended cylinder is placed over the subject and then the auger is placed inside the cylinder pulling the grain up the tube and away from the subject at a high rate of speed allowing the submerged subject to be pulled out to safety.
PUBLIC HEARING: Outside Agency Funding Appeals
MAYOR AUSTIN declared the Public Hearing on Outside Agency Funding to order at approximately 6:20 p.m. and asked if any member of the public or any agency would like to speak to appeal the recommendation of the Agency Funding Ad-Hoc Committee for the fiscal year commencing July I, 2018.
COMMISSIONER STATON, Outside Agency Funding Ad-Hoc Committee member, gave a detailed explanation of the committee's funding level recommendations for each reviewed request. He indicated that the mission of the Committee this year was to not add any new increases from the year before given our budget constraints heading into this budget.
Motion by Commissioner Pruitt, seconded by Commissioner Vowels, to accept the recommendations of the Agency Funding Ad-Hoc Committee as presented.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
No citizens came forward to speak on this issue and Mayor Austin declared the Public Hearing closed at approximately 6:24 p.m. 85 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on April 24, 2018
REVIEW AND DISCUSSION OF A BEEKEEPING ORDINANCE
LARRY STONE, Audubon Bee Keepers Association President spoke on behalf of local bee keepers requesting ordinance amendments that would allow bee keeping within the City. He explained that honey bees in this country as well as around the world are in a lot of trouble and that honey bees are not aggressive. If you do hear of an aggressive hive, it can easily be remedied by replacing the queen with a new gentler one and in about six weeks the entire hive will be regenerated with the new gentle disposition.
L. V. Dugger, Audubon Bee Keepers Association Vice-President, reported that he had reviewed the proposed ordinance and feels that it is fair to each the bee keeper and to the adjoining property owners. He indicated that he has hives in his backyard and a swimming pool approximately 75 feet away with no issues.
DISCUSSION WAS HELD regarding the insurance requirements and who would be liable if a neighbor were to be stung; how to deal with aggressive hives; how a bee only lives six weeks, so a hive is regenerated every six weeks and a gentle queen passes on those traits; that wild bees live in hollow old-growth trees and inside building walls all over town now-they just aren't being kept by anyone; that bees are usually very docile while swarming and easy to remove at that time; that 40 to 50 people attend the Association meetings and approximately 200 people attended the bee keeping school that was conducted earlier this year; that two hives with two nucleus hives would be considered a 'hobby' and not a commercial endeavor; that once established, two hives can produce as much as 200 pounds of honey per year; that the 6' fencing or vegetation would help keep the bees from being a nuisance to neighbors; that there would be an application process housed in the City Clerk's office; and that consent from an adjoining property owner does not stay with the property but the owner-so a new owner has the right to withhold consent.
Without objection, the ordinance will be placed on a future meeting agenda for formal review/action.
APPROVAL OF CONSENT AGENDA:
MAYOR AUSTIN asked the City Clerk to read the Consent Agenda.
Minutes: March 27, 2018, Called Work Session March 27, 2018, Regular Meeting April 10, 2018, Special Called Meeting April 10, 2018, Called Work Session
MOTION by Commissioner Pruitt, seconded by Commissioner Vowels, to approve the items on the Consent Agenda as presented.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the consent agenda items approved. Isl Steve Austin Steve Austin, Mayor ATTEST: April 24, 2018 Maree Collins, City Clerk 86 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on April 24, 2018
ORDINANCE NO. 09-18: FIRST READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN CANOE CREEK II SUBDIVISION, ARROW WAY EXTENSION
MOTION by Commissioner Staton, seconded by Commissioner Bugg, that the ordinance be adopted.
RUSSELL R. SIGHTS, City Manager, reported that these are Henderson Water Utility improvements.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners.
ORDINANCE NO. 10-18: FIRST READ ORDINANCE ADOPTING CHARGES FOR WATER, WASTEWATER, AND STORMWATER SERVICES AN ORDINANCE REPEALING AND REPLACING ORDINANCE 07-17, AND ADOPTING NEW WATER, WASTEWATER, AND STORMWATER CHARGES TO BE EFFECTIVE ON JULY 1, 2018, AND IMPLEMENTATION OF RATE INCREASE ON JULY 1,2019
TOM WILLIAMS, Henderson Water Utility General Manager, indicated that this ordinance reflects rate adjustments that resulted from discussions conducted at a recent joint work session. The $7 .50 fixed fee for water and wastewater will take effect this July 1st with an additional $7 .50 fixed fee effective July 1st, 2019. This increase will be instead of the 5 .85% rate increase scheduled to take effect July 1st, 2018 under the 2011 ordinance. In addition, a plan to reduce expenses by $400,000.00 to $500,000.00 annually includes reduction in travel and training costs, reduction of three vacant positions, not filling a fourth vacant position, and reduction of two currently occupied positions.
MOTION by Commissioner Pruitt, seconded by Commissioner Staton, that the ordinance be adopted.
COMMISSIONER PRUITT asked Mr. Williams to explain how the expenses of the mandated sewer separation projects affected the financial health of the Utility.
TOM WILLIAMS, HWU General Manager, explained that the overall projects totaled approximately $41 million. The Utility had built up approximately $8 million in reserves to help fund the projects; however, $33 million of new debt service was incurred with interest and principal payments totaling approximately $3.5 million per year. The 5.85% increase each year which was implemented to make those payments has not kept up with expenses and that is why this amendment is necessary.
COMMISSIONER STATON stated that considering a rate increase is very difficult and takes time even though he knows it is a necessary thing, it is not something he likes doing. He thanked the Water and Sewer Commission for being flexible and working with the Board of Commissioners on producing the fairest model and giving up the 5.85% increase and cutting expenses. 87 CITY OF HENDERSON - RECORD BOOK
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TOM WILLIAMS, HWU General Manager, on behalf of the Water and Sewer Commission thanked the Board of Commissioners on achieving this mutual compromise.
COMMISSIONER PRUITT indicated that clean water and keeping our Utility healthy is necessary, but requested that the Utility do their best to include some free water with the next rate review.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners.
ORDINANCE NO. 11-18: FIRST READ ORDINANCE AMENDING NATURAL GAS SERVICE RA TES AND CHARGES ORDINANCE AMENDING ORDINANCE NO. 65-17 BY ESTABLISHING NEW NATURAL GAS SERVICE RA TES AND CHARGES
OWEN REEVES, Gas System Director, indicated that several months ago this issue of the heat content of natural gas was addressed by setting the Btu rating at $2.60 per 1,067 Btu; however, shortly thereafter the Btu content went back down and is now at around 1,043. This amendment will adjust the rate each month based on the previous months Btu rate.
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.
COMMISSIONER PRUITT asked how this would affect the customer.
OWEN REEVES, Gas System Director, indicated that it should be neutral to the customer.
COMMISSIONER STATON clarified by indicating that if the Btu went down to 1,006 then the rate would be $2.45 and if the Btu went back to 1,067 the next month the rate would be $2.60, if this is not changed it would be the $2.60 regardless of where the Btu rate was.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners. 88 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on April 24, 2018
RESOLUTION NO. 17-18: RESOLUTION AUTHORIZING SALE OF 123 AND 125 FIFTH STREET AND DECLARING AS SURPLUS PROPERTY; AND AUTHORIZING MAYOR TO EXECUTE DOCUMENTS NECESSARY TO COMPLETE SALE
TOM WILLIAMS, Henderson Water Utility General Manager, explained that Henderson Water Utility acquired the house and the vacant lot adjacent to the HWU Administration building on Water Street in the 1980s or early 1990s with the intention of an expansion to the offices. In recent years the house has been rented out for about $600.00 per month, however it was determined that the Utility shouldn't really be in the business of rental property and at this time there are no expansion plans and no planned use for the property so options were being explored on how best to dispose of the property. Henderson Municipal Power and Light has a new master plan and has been trying to find adequate parking for their employees. So we are declaring it surplus and transferring it to HMPL with the caveat that if HWU ever needs it, they could get it back.
MOTION by Commissioner Staton, seconded by Commissioner Vowels, declaring property at 123 and 125 Fifth Street as surplus and authorizing that it be sold to Henderson Municipal Power and Light with the caveat that it could be returned to HWU if a need arose.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: April 24, 2018 Maree Collins, City Clerk
RESOLUTION NO. 18-18: RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $27,000.00, TO BE USED TO PURCHASE AN EMERGENCY WARNING SIREN, ACCEPTING GRANT IF A WARDED, AND AUTHORIZING MAYOR TO EXECUTE THE NECESSARY DOCUMENTS
MOTION by Commissioner Pruitt, seconded by Commissioner Staton, authorizing submittal of a grant application to the U.S. Department of Homeland Security in the amount of $27,000.00 for the purchase of an emergency warning siren, and accepting the grant if it is awarded.
SCOTT FOREMAN, Fire Chief, indicated that we received this same type grant last year to replace a siren that was inoperable. If awarded, this grant would be used to replace the oldest siren in the City which is near Service Tool & Die. The siren is currently functioning but finding parts for it is challenging.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: 89 CITY OF HENDERSON - RECORD BOOK
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Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 24, 2018 Maree Collins, City Clerk
RESOLUTION NO. 19-18: RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $19,000.00, TO BE USED TO PURCHASE A SMALL RESCUE BOAT, ACCEPTING GRANT IF AWARDED, AND AUTHORIZING MAYOR TO EXECUTE THE NECESSARY DOCUMENTS
MOTION by Commissioner Staton, seconded by Commissioner Vowels, authorizing submittal of a grant application to the U.S. Department of Homeland Security in the amount of $19,000.00 for the purchase of a small rescue boat, and accepting the grant if it is awarded.
RUSSELL R. SIGHTS, City Manager, indicated that while this grant does not require a match, a fair share contribution of between 10% and 25% is used to enhance the application. He is recommending including a 10% match for each of these grant applications.
SCOTT FOREMAN, Fire Chief, indicated that a fair share contribution does help prioritize the grant application. The grant will be used to purchase a small inflatable type boat that can be used on Canoe Creek and in flood water areas that our large craft cannot enter into. Green River Area Development District is helping us with writing and submittal of the grant again this year.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: April 24, 2018 Maree Collins, City Clerk
MUNICIPAL ORDER NO. 25-18: MUNICIPAL ORDER AWARDING CONTRACT FOR RENEWAL OF CITY OF HENDERSON'S STOP/LOSS COVERAGE (REINSURANCE) AND ORGAN TRANSPLANT POLICY AND UMR (THIRD PARTY ADMINISTRATOR)
MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adopt the municipal order awarding renewal of the City's stop/loss (reinsurance) and organ transplant coverage for the upcoming program year and renewal of the UMR administrative costs for Third Party Administrator services for the City's health benefits program.
CONNIE GALLOWAY, Human Resources Director, explained that our broker, Benefits Insurance Marketing, has done the research and recommends renewal of: UMR for administrator services for the City's health benefits program; the current stop/loss carrier, which you will recall 90 CITY OF HENDERSON - RECORD BOOK
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we recently were awarded the $51,290.46 premium reimbursement for having no claims; and the current organ transplant policy with an approximate 3% oyerall increase.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: April 24, 2018 Maree Collins, City Clerk
MUNICIPAL ORDER NO. 26-18: MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF ASPHALT PAVING AND RELATED STREET MAINTENANCE SERVICES TO ROGERS GROUP, INC., HOPKINSVILLE, KENTUCKY
DYLAN WARD, Public Works Engineer, indicated that this is the annual paving bid that is awarded for asphalt street paving, repairs and maintenance.
RUSSELL R. SIGHTS, City Manager, reported that there was significant competition with all being long-term reputable vendors.
MOTION by Commissioner Vowels, seconded by Commissioner Pruitt, to award the bid for the purchase of asphalt paving and related street maintenance services to Rogers Group, Inc. of Hopkinsville, Kentucky, in strict accordance with their bid as submitted pursuant to Bid Reference 18-19.
COMMISSIONER PRUITT asked if Mr. Ward was aware of the new way Evansville was repairing potholes.
DYLAN. WARD, Public Works Engineer, responded that he wasn't aware of how Evansville was repairing potholes but would contact them to find out more information. He reported that he has looked into a few different options and has been in contact with the state on their experience with asphalt patch on concrete roadway, which turned out to be cost prohibitive for our purposes.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: April 24, 2018 Maree Collins, City Clerk 91 CITY OF HENDERSON - RECORD BOOK
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MUNICIPAL ORDER NO. 27-18: MUNICIPAL ORDER AWARDING CONTRACT FOR ASPHALT PAVEMENT MILLING SERVICES TO CHARBON CONTRACTING LLC OF MADISONVILLE, KENTUCKY
RUSSELL R. SIGHTS, City Manager, indicated that there are limited firms throughout the state that do this type of work and Charbon is a reputable contractor and has done good work for us in the past.
MR. WARD, Public Works Engineer, explained that one of the newer ways of addressing potholes, especially with the extensive damage done this past winter, is to mill out the failed area instead of saw cutting and manually digging out the area. This has proven to be a time and cost effective way to address potholes.
MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, to award the bid for asphalt pavement milling services to Charbon Contracting LLC of Madisonville, Kentucky, in strict accordance with their bid as submitted pursuant to Bid Reference 18-20.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the municipal order adopted, affixed his signature and the date thereto, and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: April 24, 2018 Maree Collins, City Clerk
CITY MANAGER'S REPORT:
RUSSELL R. SIGHTS, City Manager, asked the City Clerk to read the following memorandum into the record relating to the Fire Chiefs request for an appropriation of funds for Active Shooter Training and Supplies for the Fire Department:
City Commission Memorandum 18-79
April 20, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager
SUBJECT: City Manager's Report
I. Appropriation for Active Shooter Training and Supplies Commission Direction Reguested.
Please consider the attached request from Fire Chief Scott Foreman for appropriation of approximately $30,000.00 to do the following: 92 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on J\pril24, 2018
• $5,000.00 to bring in an outside instructor to provide training for 20 personnel from HPD and HFD
• $7,000.00 to purchase specialized medical supplies, such as clotting gauze, tourniquets, and trauma equipment to handle mass casualties
• $18,000 to purchase 22 Level III Ballistic vests (one for each firefighter on duty and 3 staff positions per shift)
As you may know, right after police officials, the Fire Department personnel are next at the scene of an active shooter event. It is in my opinion, that it is our obligation and responsibility to equip our personnel by providing whatever training, supplies, and equipment is necessary for their protection in the event an emergency response is necessary.
RUSSELL R. SIGHTS, City Manager, indicated that he believed this was something that needed to be addressed now and not wait for the budget process. He explained that if this request was approved we would move forward with the purchase and do the appropriation later.
FIRE CHIEF SCOTT FOREMAN, reported that this is something that is not new to the fire service and departments across the nation as well as our area are moving toward this tactic to address an active shooter situation.
ASSISTANT FIRE CHIEF JEREMY BAXTER, indicated that the basic approach to active shooter/mass shooting events has changed dramatically over the twenty years since Columbine. Police, Fire and EMS departments across the nation have learned and evolved with each response on these types of events. Medical treatment and tactics learned in Iraq and Afghanistan have greatly enhanced survival rates in these situations. No longer are emergency medical personnel kept completely out of the building/area until police have cleared the entire building/scene. Remember, Henderson County High School contains approximately 315,000 square feet and it would take considerable time to clear the entire building leaving wounded victims without medical care for all of that time. Zones are designated as warm or hot depending on activity in that location. Medical personnel would be allowed in the warm zones to attend to the wounded. This equipment will allow a layer of protection and provide the specialty medical supplies needed to attend gunshot victims.
JASON HARGITT, Interim Police Chief, explained that the police department would address the threat and once a portion of the building is no longer active it would be designed as a warm zone so that medical personnel could enter to attend to victims. This would be a fluid situation and the areas designated as warm could change and evacuation would be necessary. He indicated that HPD officers already carry the medical supplies specifically designed to treat gunshot wounds and in his opinion the more people with these supplies the better off we are going to be.
MOTION by Commissioner Bugg, seconded by Commissioner Pruitt, authorizing the City Manager to move forward with obtaining the requested Active Shooter Training and Supplies.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Mayor Austin ------Aye: 93 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on April 24, 2018
RUSSELL R. SIGHTS, City Manager, reported that the owners of the property located at 438 Old Corydon Road have requested a friendly annexation and have previously executed a "Not to Oppose Annexation" consent form when sanitary sewer. service was extended to that property outside of the City limits. He requested that the Board authorize submission to the Planning Commission for review and zoning designation for the proposed area.
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, authorizing the City Manager to send the request to the Planning Commission to assign a zoning designation for property located at 438 Old Corydon Road.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt------Aye: Commissioner Bugg ------Aye: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Mayor Austin ------Aye:
COMMISSIONERS' REPORT:
COMMISSIONER PRUITT reported that his Daughter, who once represented the United States in the Junior Olympics is in her second year of coaching gymnastics and during a five state meet held recently in Cleveland, Ohio, their team had several winners including a first place regional champion.
COMMISSIONER VOWELS reported that the City/County Cooperative Study Team reviewed jointly funded agency funding applications at their last meeting. The Airport Board and the Humane Society/Animal Control each requested and were recommended slight increases. The Emergency Management Services and the Planning Commission each had budget decreases this year. The recommendations have been forwarded for inclusion in the City and County FY 2019 budgets.
COMMISSIONER STATON reported that he had been contacted by a citizen regarding the possibility of creating a Safe Zone specifically for people who purchase items over the internet, from Craigslist, or Facebook, or other similar sites. Most communities that have implemented this over the United States have done it adjacent to the police department so that it has 24-hour surveillance. A couple of parking spaces would be designed and some communities provide police presence, when requested. Currently the City Attorney is investigating the legal aspects and then hopefully we can move forward with a formal proposal.
MAYOR AUSTIN reported that on the next to the last day of the Kentucky State Legislative Session legislators approved the CERS Pension phase-in plan, thereby allowing the City to absorb the first year of additional pension costs without significant program cutbacks or need to enhance revenue. However, the phase in increases the additional CERS Pension costs 12% per year on-going so by the year 2022 the increase will exceed 50% compounded. He stated that it is apparent that long term answers are needed, but the good thing is that now we have time and won't have to rush those proceedings.
He thanked the Henderson Breakfast Lions Club and all of their associates for the hard work they did in carrying out a very successful Tri-fest event for our community. Proceeds from the annual event are distributed through a grant program for local nonprofit agencies. Around 15 agencies are assisted annually. The Breakfast Lions Club also sponsors the annual Christmas in the Park. He stated, City of Henderson employees play a major role in both the Tri-fest and 94 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on April 24, 2018
Christmas in the Park and also thanked those employees for their work. Tri-fest was over at 5:00 p.m. on Sunday evening and the downtown streets were cleaned up and ready for business as usual by 7:00 a.m. Monday morning.
Mayor Austin reported that about 1,500 citizens took advantage of the free tax preparation service offered at the Housing Authority of Henderson and the Gathering Place with tens of thousands of dollars refunded to Henderson residents. He stated that Nibby Priest was the local manager of the program and did a great job.
BOARD/COMMISSION RE-APPOINTMENT: Henderson Utility Commission: Mr. Lin Shannon -Term to Expire April 25, 2021; and Ms. Jennifer Howell-Term to Expire April 25, 2021
Motion by Commissioner Pruitt, seconded by Commissioner Vowels, upon recommendation of Mayor Steve Austin, to reappoint Mr. Lin Shannon and Ms. Jennifer Howell to terms of three years on the Henderson Utility Commission. Said term to expire April 25, 2021.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
EXECUTIVE SESSION: Litigation
MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.SlO(l)(c) for the purpose of discussions of threatened litigation against the City.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
MEETING RECONVENED:
MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, the Board of Commissioners reconvened in regular session.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin reconvened the Board into regular session. 95 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Regular Meeting on April 24, 2018
MEETING ADJOURN:
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adjourn the meeting.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 7:30 p.m.
Steve Austin, Mayor ATTEST: May 8, 2018
Maree Collins, City Clerk 96 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Special Called Meeting on May 08, 2018
A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 08, 2018, at 3:00 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky.
There were present Mayor Steve Austin presiding:
PRESENT: Commissioner Patti Bugg Commissioner Robert N. Pruitt, Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels
ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey, City Attorney Mrs. Jennifer Latimer, Acting City Clerk Mrs. Donna Stinnett, Community Relations Manager/Public Information Officer Mr. William L. "Buzzy" Newman, Jr., Assistant City Manager Mr. Robert Gunter, Finance Director Mrs. Connie Galloway, Human Resource Director Mr. Chris Heimgartner, HMPL General Manager Mr. Gary Bell, Utility Commission Chair Mr. Randal Redding, HMPL Attorney Mr. Todd Bowley, HWU ChiefFinancial Officer Mr. Paul Bird, Water & Sewer Commission Chair Mr. Eric Shappell, Water and Sewer Board Attorney Mr. Aaron Hauser Mrs. Brandi Hauser Miss Hattie Hauser Master Parker Hauser Master Spencer Hauser Mr. Jeff Goldberg, 44 News Mr. Doug White, the Gleaner Mr. Jonas Schwerkhard, Police Officer
ORDINANCE NO. 09-18: SECOND READ ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN CANOE CREEK II SUBDIVISION, ARROW WAY EXTENSION
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels ----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: May 08, 2018 Maree Collins, City Clerk 97 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Special Called Meeting on May 08, 2018
ORDINANCE NO. 10-18: SECOND READ ORDINANCE ADOPTING CHARGES FOR WATER, WASTEWATER, AND STORMWATER SERVICES AN ORDINANCE REPEALING AND REPLACING ORDINANCE 07-17, AND ADOPTING NEW WATER, WASTEWATER, AND STORMWATER CHARGES TO BE EFFECTIVE ON JULY 1, 2018, AND IMPLEMENTATION OF RATE INCREASE ON JULY 1,2019
MOTION by Commissioner Vowels, seconded by Commissioner Bugg, that the ordinance be adopted.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: May 08, 2018 Maree Collins, City Clerk
ORDINANCE NO. 11-18: SECOND READ ORDINANCE AMENDING NATURAL GAS SERVICE RATES AND CHARGES ORDINANCE AMENDING ORDINANCE NO. 65-17 BY ESTABLISHING NEW NATURAL GAS SERVICE RATES AND CHARGES
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, that the ordinance be adopted.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date thereto and ordered that the same be recorded. Isl Steve Austin Steve Austin, Mayor ATTEST: May 08, 2018 Maree Collins, City Clerk
PRESENTATION: Henderson Municipal Power & Light
CHRIS HEIMGARTNER, Henderson Municipal Power & Light General Manager, presented an overview of the Integrated Resource Plan recently completed on behalf of Henderson Municipal Power and Light by GDS Associations, Inc.; a general overview of the history of HMP&L; and overview of Station Two. HMPL was formed in 1896 and has 35 miles of69,000 volt transmission lines, 22 miles of 161,000 volt lines with seven substations and about 60 distribution feeders that run around the city and supply end-use customers. Station Two has two coal-fired units that were commissioned in 1972 and is operated under contract by Big 98 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Special Called Meeting on May 08, 2018
Rivers Electric Corporation. The units are well beyond their planned operating life of 30 years. An Integrated Resource Plan (IRP) is a tool used to forecast future utility uses and needs. Different economic and usage scenarios are used to predict the needs of the utility 20 years into the future and how much it would cost to create or purchase that energy utilizing various equipment and energy sources. If the utility plans to keep and rebuild the current coal-fired units, specific improvements will be necessary before 2023 to comply with the Clean Water Act of 2007. There are a multitude of alternate options for improvements to Station Two which include: upgrading one or both of the coal-fired units; upgrading one coal-fired unit and adding one or more peaker units-there are numerous types of peaker units; upgrading one coal-fired unit and purchasing power as needed; or any combination of the above listed options. Solar, wind and nuclear options were also reviewed in the IRP. The installation of one type peaker unit could be as little as nine months or the new source siting permitting process could take as long as five years. He indicated that he would be back in the near future with a more detailed plan, that this was just an overview of all of the options that were available for review and further discussion.
Mr. Heimgartner also reported that the Utility Commission had recently passed a resolution establishing how a portion of the settlement received from Big Rivers would be distributed. The Utility Commission discussed several options and recommended that $2 million be refunded directly to customers through the fuel cost adjustment over a two to three month period and that $1 million be placed in an interest bearing account with the interest used for low income relief assistance. The details of administering this program are still under review.
EXECUTIVE SESSION: Litigation
MOTION by Commissioner Bugg, seconded by Commissioner Staton, to go into Executive Session pursuant to KRS 61.810(1)(c) for the purpose of discussion of pending litigation against the City.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin declared the Board adjourned into Executive Session.
MEETING RECONVENED:
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, the Board of Commissioners reconvened in regular session.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WHEREUPON, Mayor Austin reconvened the Board into regular session. 99 CITY OF HENDERSON - RECORD BOOK
Record ofMinutes of A Special Called Meeting on May 08, 2018
MEETING ADJOURN:
MOTION by Commissioner Staton, seconded by Commissioner Pruitt, to adjourn the meeting.
The vote was called. On roll call, the vote stood:
Commissioner Pruitt ------Aye: Commissioner Bugg ------Aye: Commissioner Vowels----- Aye: Commissioner Staton ------Aye: Mayor Austin ------Aye:
WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 5:30 p.m.
Steve Austin, Mayor ATTEST: May 22, 2018
Maree Collins, City Clerk City Commission Memorandum 18-95
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ;2J
SUBJECT: Amending Ordinance Relating to Animals
An item for the agenda of Tuesday, May 22, 2018 is first reading of an ordinance amending Chapter 6, Animals, of the Code of Ordinances.
As you may recall, the City received a request from several local bee keepers that current ordinances be amended to allow bee keeping within the City. A proposed bee keeping ordinance is attached and has been reviewed by interested parties.
The revised ordinance amends and/or adds sections within the following article/sections:
Article 1, In General
Section 6-5, Animal, Fowl, and Bees Nuisances
Section 6-9, Bee Keeping
Your approval of the attached ordinance is requested.
c: Ray Nix ORDINANCE NO. ----
ORDINANCE AMENDING CODE OF ORDINANCES REGARDING ANIMALS AND BEE KEEPING
SUMMARY: AN ORDINANCE AMENDING CHAPTER 6, ANIMALS, ARTICLE I, IN GENERAL, BY AMENDING SECTION 6-5 ANIMAL, FOWL AND BEES NUISANCE AND ADDING SECTION 6-9 BEE KEEPING OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON
WHEREAS, it is necessary to update Chapter 6, Animals, by amending Section 6-5 Animal, fowl and bees nuisance, and adding Section 6-9,Bee Keeping to establish certain requirements for sound bee keeping practices to avoid or minimize problems that may otherwise be associated with the keeping of bees in populated areas within the City.
NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that Section 6-5 Animal, fowl and bees nuisance is amended, and Section 6-9 Bee Keeping of Chapter 6, Animals, Article I, In General, of the Code of Ordinances is hereby added as follows:
Sec. 6-5. - Animal, fowl and bees nuisance.
No person shall be a custodian of, or permit, an animal, fowl or bees nuisance. For purposes of this section any one of the following shall constitute an "animal, fowl or bees nuisance:"
(a) The keeping of an animal which molests persons, animals or passing vehicles; (b) The keeping of an animal or fowl which trespasses on or damages private or public property (including the leaving of waste materials); ( c) The keeping of an animal or fowl which emits sound in an excessive, continuous or untimely fashion; or ( d) The keeping of an animal, fowl or bees which creates any condition which might endanger the public health, safety, welfare or environment or interferes with the quiet and peaceful enjoyment of the property of others. Bees may be kept if done so in compliance with Section 6-9.
Sec. 6-9. -Bee Keeping
A) The purpose of this section is to establish certain requirements for sound beekeeping practices which are intended to avoid or minimize problems that may otherwise be associated with the keeping of bees in populated areas within the city of Henderson. It shall be unlawful for any person or entity within the city to establish, maintain or permit to exist any hive, stand or box where bees are kept unless the bees are kept in compliance with the provisions of this section. Notwithstanding compliance with the ordinance, it shall be unlawful for any beekeeper to keep any colony or colonies of bees in such a manner as to constitute a public nuisance, a significant risk of harm to persons or property, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or the property of others. (B) Any honey bee colony shall be registered with the City Clerk of the city of Henderson. The registration shall provide the name of the property owner; the address where the bees are being kept; a phone number where the owner may be contacted: and the number of colonies or hives being maintained. The registration shall be on an annual basis for each year when the hives are being kept. There shall be no registration fee. The beekeeper shall obtain and maintain in full force and effect an insurance policy which provides coverage for all beekeeping activities with policy limits of not less than $300,000 per occurrence and present proof of said insurance coverage to the city at the time ofregistration and any renewal thereof. (C) Definitions. As used in this section, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning: • (1) APIARY. The assembly of one or more colonies of bees at a single location .
• (2) BEE. All life stages of the common domestic honey bee. Apis mellifera species.
• (3) BEEKEEPER. A person who owns or has charge of one or more colonies of bees.
• (4) BEEKEEPING EQUIPMENT. Anything used in the operation ofan apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
• (5) COLONY or HIVE. An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones, including brood, combs, honey and the receptacle inhabited by the bees.
• In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly re queen the colony with the queen selected from European stock bred for gentleness and non-swarming characteristics.
(D) Hives shall be continually managed to provide adequate living space for their resident bees to reduce the likelihood of swarming. Hives shall be requeened no less than once every two (2) years to help prevent swarming. (E) To minimize contact with humans and domesticated animals and accidental intrusion by children, hives shall be surrounded by a structure at least six ( 6) feet in height consisting of a solid wall, fence, dense vegetation or combination thereof so that all bees are forced to fly at an elevation of at least six ( 6) feet above ground, level in the vicinity of the apiary. (F) Each beekeeper shall ensure that a source of water convenient to the bees is available at all times during the year so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths or other water sources where they may cause human, bird or domesticated animal contact on public or private property. (G) Hive maintenance materials shall be stored in a sealed container or placed within a building or other bee-proof enclosure. Discarded hive maintenance materials or equipment shall be disposed of in sealed containers or bee-proof enclosures. (H) All bee colonies shall be kept in inspectable hives consisting of moveable frames and combs, and shall be kept in sound and usable condition at all times. (I) No more than two (2) hives may be kept or maintained on any lot. Notwithstanding the foregoing provision, an additional two (2) nucleus colonies ofhalf size that are constructed to help prevent swarming may be maintained. (J) No hive shall be located within seventy-five (75) feet of an adjoining property owner's property line without the written consent of the adjoining property owner. Should the adjoining property be sold, consent would be needed by the new property owner. (K) Bees or hives shall be considered a public nuisance when colonies exhibit defensive or objectionable behavior; interfere with the normal use of neighboring properties or public property: or hives have been abandoned by the bees that were inhabiting it or by the beekeeper. (L) The Code Enforcement Officer and/or his or her designee shall be responsible for insuring compliance with this section and for investigating any complaints or information that colonies of bees within the city are not being kept in compliance with this section or constitute a public nuisance. If the Code Enforcement Officer or his or her designee after investigation is of the opinion that grounds exist to believe that a colony or colonies of bees are being kept in violation ofthe section, the Code Enforcement Officer shall serve upon the keeper ofthe bees by personal service or certified mail a notice of violation specifying the nature of the violation, the action to be taken in order to comply with this section, and the time in which to comply with this section not to exceed fifteen (15) days from the date of the notice. In the event the beekeeper fails to bring the colony or hive into compliance with this section within the period specified by the Code Enforcement Officer, the Code Enforcement Officer or his or her designee may enter upon the property and cause the bees to be destroyed or relocated outside of the city at the expense of the beekeeper. Any person aggrieved by any action or decision of the Code Enforcement Officer shall have ten (10) days from the receipt of the Code Enforcement Officer decision or directive to file a written notice of appeal to the Code Enforcement Board.
All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict.
The ordinance shall become effective upon its legal adoption.
On first reading of the foregoing ordinance, it was moved by Commissioner ______, seconded by Commissioner , that the Ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners.
On second reading of the ordinance, it was moved by Commissioner ------' seconded by Commissioner , that ·the Ordinance be adopted. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded.
Steve Austin, Mayor
Date: ------ATTEST:
Maree Collins, City Clerk
APPROVED AS TO FORM AND LEGALITY THIS /G DAY OF MAY,2018. '\ f
By: City Commission Memorandum 18-98
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager j}J
SUBJECT: Amending Ordinance Relating to Nuisances
An item for the agenda of Tuesday, May 22, 2018 is first reading of an ordinance amending Chapter 15, Nuisances, of the Code of Ordinances.
This is in conjunction with another ordinance on the agenda amending Chapter 6, Animals. As you may recall, the City received a request from several local bee keepers that current ordinances be amended to allow bee keeping within the City.
The revised ordinance amends and/or adds sections within the following article/ sections:
Article 1, In General
Section 15-51, Ordinance Fine Schedule
Your approval of the attached ordinance is requested. c: Ray Nix ORDINANCE NO. ___
ORDINANCE AMENDING CODE OF ORDINANCES REGARDING NUISANCES
SUMMARY: AN ORDINANCE AMENDING CHAPTER 15, NUISANCES, ARTICLE I, IN GENERAL, BY AMENDING SECTION 15- 51 ORDINANCE FINE SCHEDULE OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON
WHEREAS, it is necessary to update Chapter 15, Nuisances, by amending Section 15-51 Ordinance Fine Schedule to include Bees.
NOW, THEREFORE, BE IT ORDAINED by the City ofHenderson, Kentucky, that Chapter 15-Nuisances, Article I, In General, Section 15-51 of the Code of Ordinances is hereby amended as follows:
Sec. 15-51. - Ordinance fine schedule. Violations of ordinances that are enforced by the city code enforcement board shall be subject to the following schedule of civil fines:
( 1) If a citation for a violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this subsection shall apply: Violation 11st Offense ~nd Offense All Others
Animals , Includirnz Bees $ 25.00 $ 50.00 $ 100.00 Unsafe and unfit structure code 100.00 125.00 150.00 Stop work order 100.00 125.00 150.00 !Placard removal 10.00 25.00 50.00 K:iarbage 10.00 25.00 50.00 Weeds: 0--5 acres) 10.00 25.00 50.00 5.1-10 acres) 10.00 25.00 50.00 ,plus $3.00/acre over 5 acres) 10.1-20 acres) 25.00 40.00 65.00 (plus $5.00/acre over 10 acres) Over 20 acres) 75.00 90.00 115.00 ,plus $7.00/acre over 20 acres) IAny other nuisance covered under Code of Ordinances 10.00 25.00 50.00
All fines are in addition to potential abatement costs. (2) If the citation is contested and a hearing before the code enforcement board is required, the following maximum penalties may be imposed at the discretion of the code enforcement board: Violation 11 st Offense 2nd Offense IAll Others
Animals , Includin2: Bees $ 50.00 $ 200.00 $ 300.00 Unsafe and unfit structure code 200.00 500.00 750.00 Stop work order 200.00 500.00 750.00 Placard removal 25.00 150.00 250.00 Garbage 25.00 150.00 250.00 Weeds: 0-5 acres) 25.00 150.00 250.00 5.1-10 acres) 25.00 150.00 250.00 [plus $3.00/acre over 5 acres) (10.1-20 acres) 40.00 165.00 265.00 (plus $5.00/acre over 10 acres) Over 20 acres) 90.00 215.00 315.00 (plus $7.00/acre over 20 acres) Any other nuisance covered under Code of Ordinances 25.00 150.00 250.00 All fines are in addition to potential abatement costs.
All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict.
The ordinance shall become effective upon its legal adoption.
On first reading of the foregoing ordinance, it was moved by Commissioner seconded by Commissioner that the Ordinance be adopted on its first reading. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners.
On second reading of the ordinance, it was moved by Commissioner ------' seconded by Commissioner ______, that the Ordinance be adopted. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded.
Steve Austin, Mayor
Date: ------ATTEST:
Maree Collins, City Clerk
APPROVED AS TO FORM AND LEGALITY TIDS Lf.a DAY OF MAY,2018.
By: City Commission Memorandum 18-104
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ,JJJ
SUBJECT: Amending Ordinance Relating to Taxation
An item for the agenda of Tuesday, May 22, 2018 is first reading of an ordinance amending Chapter 21, Taxation, of the Code of Ordinances.
At the March 18, 2018 meeting, formal approval was adopted authorizing an Interlocal Agreement creating a joint County-City Tourist Commission. Kentucky Tourist Commissions are funded through the transient room tax. The County already has this taxing mechanism in place; however, under a Joint Tourist Commission it is necessary that the City also pass the taxing mechanism on applicable businesses in the incorporated territory of the City. These funds will be collected by the City and directly passed through to the newly formed Henderson Tourist Commission.
The revised ordinance adds the following article/sections in Chapter 21, Taxation:
Article VII, Transient Room Tax
Section 21-110, Tax Imposed
Section 21-112, Collection: Filing ofReturns: Penalty
Section 21-113, Use ofFunds
Section 21-114, Audit
The changes are to be effective July 1, 2018 to coincide with the formal creation of the joint Henderson Tourist Commission. Your approval of the attached ordinance is requested. c: Robert Gunter Dawn Kelsey ORDINANCE NO. ----
ORDINANCE ADDING AND ADOPTING TRANSIENT ROOM TAX IN CHAPTER 21 OF THE CODE OF ORDINANCES
SUMMARY: AN ORDINANCE ADDING AND ADOPTING TRANSIENT ROOM TAX IN CHAPTER 21, TAXATION, ARTICLE VII, SECTIONS 21-110- TAX IMPOSED, SECTION 21-112 -COLLECTION; FILING OF RETURNS; PENALTY, SECTION 21-113-USE OF FUNDS AND SECTION 21-114- AUDIT TO BE EFFECTIVE illLY 1, 2018
WHEREAS, at its March 18, 2018 meeting, the Board of Commissioner approv_ed Resolution 15-18 wherein the City agreed to enter into an interlocal agreement to create a joint Tourist Commission under KRS 91A.350 et seq. to be call the Henderson Tourist Commission; and
WHEREAS, currently, the Henderson County Tourist Commission is funded through a county Transient Room Tax (Henderson County Ordinance - Chapter 220 Taxation, Article II Transient Room Tax) which applies to all gross rent on the occupancy of a suite, room or rooms charged by motor courts, motels, hotels, inns, or similar businesses in the county; and
WHEREAS, under a joint Tourist Commission, the transient room tax on the applicable businesses in the incorporated territory of the City of Henderson will need to be collected by the City and then directly passed through to the Tourist Commission under KRS 91A.390; and
WHEREAS, the Henderson County Board of Commissioners will amend Henderson County Ordinance - Chapter 220 Taxation, Article II Transient Room Tax to cover those businesses in the County that are outside the incorporated territory of the City of Henderson.
NOW THEREFORE LET IT BE ORDAINED AS FOLLOWS:
Chapter 21. TAXATION
Article ·VII. TRANSIENT ROOM TAX
Section 21-110. Tax imposed.
To provide funds for the operation of the Tourist Commission, there is hereby continued a transient room tax of 3% on the gross rent received_ for the occupancy of a suite, room or rooms charged by motor courts, motels, hotels, inns or similar businesses in the City of Henderson. Section 21-111. Term.
The transient room tax shall remain in force and effect perpetually from the date of its enactment unless terminated by ordinance of the Board of Commissioners.
Section 21-112. Collection; filing of returns; penalty.
A. Motor courts, motels, hotels, inns or similar businesses shall collect the transient room tax and shall pay the same to the City of Henderson Tax Collector. Said taxes shall be paid by the collecting party no later than 30 days following the month in which said taxes were collected. Each collecting agent shall file a return in duplicate on a form provided for said purpose, along with a copy of the collecting agent's Kentucky sales tax return for the same period.
B. Failure to properly complete same and to pay said taxes within 30 days following the month during which the taxes were collected shall result in a penalty of 6% of the total tax due, plus interest at the rate of 12% per annum, and shall subject the collecting agent to such civil and criminal remedies as are available in the Kentucky Revised Statutes. In the event a civil action is filed to collect outstanding taxes, penalties and interest and attorney's fees may be assessed and recovered as costs in an amount not to exceed the judgment amount awarded for the taxes, penalties and interest, subject to proof by the attorney to the court that the award of attorney's fees is reasonable based upon the actual work performed. All payments shall be applied to any penalty and interest then to taxes owed.
C. The City of Henderson's Finance Director is hereby designated as the City of Henderson Tax Collector for Transient Room Tax under this Article. The Executive Director of the Tourism Commission shall assist the Finance Director for the City of Henderson in determining and identifying any business and/or entity subject to the Transient Room Tax under this Article.
Section 21-113. Use of funds.
All transient room tax monies not expended by the Commission during any fiscal year shall be used to make a part of the Commission's budget for the next fiscal year.
Section 21-114. Audit.
The Henderson County Tourist Commission is subject to audit of the room tax funds upon the request of the Board of Commissioners of the City of Henderson. All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict.
This ordinance shall become effective upon its legal adoption.
On first reading of the foregoing ordinance, it was moved by Commissioner ______, seconded by Commissioner , that the ordinance be adopted on its first reading.
On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a second reading at a meeting of the Board of Commissioners.
On second reading of the ordinance, it was moved by Commissioner ______, seconded by Commissioner ______, that the ordinance be adopted.
WHEREUPON, the vote was called. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded.
Steve Austin, Mayor Date: ------ATTEST:
Maree Collins, City Clerk City Commission Memorandum 18-93
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager .,!21
SUBJECT: Board of Commissioners COLA 2018
The accompanying resolution provides a salary increase of two and one tenth percent (2.1 % ) for the Board of Commissioners effective July 1, 2018.
The Department for Local Government annually determines the maximum permitted compensation for local legislative members pursuant to KRS 83A.075. The increase for Fiscal Year 2019 is 2.1 %.
As the Board is aware, the Fiscal 2019 Budget includes a 2.1 % general wage adjustment for employees and up to a one percent (1 %) merit increase for employees based on a written evaluation.
The Board of Commissioners may authorize any increased amount of compensation for elected officials up to 2.1 %.
c: Robert Gunter Connie Galloway OFFICE OF THE GOVERNOR DEPARTMENT FOR LOCAL GOVERNMENT Matthew G. Bevin 1024 Capital Center Drive, Suite 340 Sandra K. Dunahoo Governor Frankfort, Kentucky 40601 Commissioner Phone: (502) 573-2382 Fax: (502) 573-2939 www.kydlgweb.ky.gov
January 29, 2018
Dear Mayors and Legislative Body Members:
In accordance with the provisions of KRS 83A.075(1) the Department for Local Government calculates, by the second Friday in February of each year, the maximum allowable annual compensation of the mayor in cities of the :first class, the mayor in cities other than the :first class, and legislative body members.
The department's calculations are based upon the court-established formula application of Section 246 of the Kentucky Constitution, setting forth :maximum compensation levels for state and local governmental constitutional officers. Under the prescribed formula, salary maximums set in the 1949 Amendment of Section 246 of Kentucky's Constitution, to be paid to constitutional officers, are adjusted to reflect the current purchasing power of the dollar. The adjustments are based upon the Consumer Price Index maintained and reported by the U.S. Department of Labor, Bureau of Labor Statistics. A news release issued by the Bureau establishes the Consumer Price Index, as of December 2017, at 738.4 77. The percentage of increase for the previous twelve-month period is 2.1 %. The Consumer Price Index for 1949 was 71.4.
The calculations below provide the :maximum allowable 2018 annual compensation for the referenced offices.
Mayors of City of First Class
738.477 X 71.4 $12,000
71.4X (738.477) ($12,000) X = $124,113.78
An Equal ~pportunity Employer M/F/D Mayors and Legislative Body Members January 29, 2018 Page Two
Legislative Body Members and Mayors of Cities Other Than First Class
738.477 = __x_ 71.4 $7,200
71.4X (738.477) ($7,200) X $74,468.27
The compensation amount generated by this computation reflects a maximum allowable salary rather than a mandated salary.
If you have questions concerrung these :maxim.um salaries, Robert Brown in the Office of Financial Management and Administration will welcome your call at 502-892-3487.
Sincerely, kdAA-~;J)~ Sandra K. Dunahoo Commissioner RESOLUTION NO. ----
RESOLUTION SETTING AMOUNT OF COST-OF-LIVING INCREASE FOR BOARD OF COMMISSIONERS AT 2.1 %
WHEREAS, a cost-of-living computation is made annually by the Kentucky Department of Local Government for the purpose of adjusting the compensation of members oflocal legislative bodies; and
WHEREAS, the cost-of-living increase for the current year has been determined by the Department of Local Government to be 2.1 %.
NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the salaries of the Board of Commissioners shall be increased by 2.1 % to be effective July 1, 2018.
On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded.
Steve Austin, Mayor Date: ------ATTEST:
Maree Collins, City Clerk
APPROVED AS TO FORM AND LEGALITY THIS J/a_ DAY OF MAY, 2018.
By: 'Dawn S. Keis , City Attorney City Commission Memorandum 18-101
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager /)) 1 SUBJECT: North Green River Road Sidewalk Extension Project
The accompanying resolution authorizes the execution of an agreement with the Commonwealth of Kentucky, Transportation Cabinet, under the Transportation Alternatives Program (TAP) for reimbursable federal funding in the amount of $70,000.00 for the design phase of the North Green River Road sidewalk extension project.
The City of Henderson was awarded a TAP Grant on May 24, 2016 for this project to extend sidewalks along Green River Road from Osage Drive to Bend Gate Road to provide children a safe and appealing means of walking and /or bicycling to school. The Commonwealth of Kentucky Transportation Cabinet has approved funds for this design phase.
Adequate funds are budgeted and available for this purpose. Your approval of the attached resolution is requested.
c: William Newman Robert Gunter Dylan Ward RESOLUTION NO. ----
RESOLUTION APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF HENDERSON AND THE COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, UNDER THE TRANSPORTATION ALTERNATIVES PROGRAM (TAP), FOR REIMBURSABLE FEDERAL FUNDING IN THE AMOUNT OF $70,000.00 FOR THE DESIGN PHASE OF THE NORTH GREEN RIVER ROAD SIDEWALK EXTENSION PROJECT
WHEREAS, on May 24, 2016 the City of Henderson was awarded a Transportation Alternatives Program Grant through the Commonwealth of Kentucky Transportation Cabinet (CABINET) for reimbursable Federal funding for the North Green River Road Sidewalk Extension Project (PROJECT), to extend sidewalks along Green River Road from Osage Drive to Bend Gate Road to provide children a safe and appealing means of walking and/or bicycling to school; and
WHEREAS, the CABINET has approved funds in the amount of $70,000.00 in reimbursable federal funding for the design phase of the PROJECT.
NOW,THEREFORE BE IT RESOLVED that the City of Henderson, Kentucky does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in said Agreement, a copy of which is attached hereto, and does hereby accept the funds provided in said Agreement and by such acceptance agrees to all the terms and conditions therein stated.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to sign said Agreement as set forth on behalf of the Board of Commissioners, and the City Clerk is hereby authorized and directed to certify thereto.
On motion of Commissioner , seconded by Commissioner ______, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded.
ATTEST: Steve Austin, Mayor Date: ------Maree Collins, City Clerk APPROVED AS TO FORM AND LEGALITY THIS _J6_ DAY OF MAY, 2018.
By: Dawn S. Kelsey City Attorney AGREEMENT BETWEEN THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET AND CITY OF HENDERSON NORTH GREEN RIVER ROAD SIDEWALK EXTENSION FED PROJ#4005-002/AUTH# 93911 CONTRACT# 1800003837/ITEM# 02-03210 PROJECT AWARD: $188,320 AUTHORIZED PHASE/AMOUNT: DESIGN $70,000
This AGREEMENT is made and entered into by and between the Commonwealth of Kentucky, Transportation Cabinet, hereinafter the "CABINET" and the City of Henderson, hereinafter the "RECIPIENT".
WITNESSETH:
WHEREAS, the Federal Highway Administration (FHWA), through the CABINET, has approved $70,000 in federal funding for the North Green River Road Sidewalk Extension hereinafter the "PROJECT", known as Federal Project Number 4005-002 and the applicable Catalog of Federal Domestic Assistance number is 20.205-Highway Planning and Construction, WHEREAS, the Federal-aid Highway Program is a State Administered Reimbursement Program and the RECIPIENT shall carry out this PROJECT in accordance with applicable Federal and State laws and regulations including all of Title 49 United States Code (USC), Title 23 United States Code (USC), 49 Code of Federal Regulations (CFR), 23 Code of Federal Regulations (CFR), and 2 CFR 200, WHEREAS, the RECIPIENT must comply with applicable CABINET policies and procedures, WHEREAS, Federal-aid projects are to serve a public purpose, the RECIPIENT is responsible for maintaining any real property or facilities improved pursuant to the PROJECT on a non-profit basis, WHEREAS, the RECIPIENT shall refer to the Federal-Aid Project Development Guide.for Local Public Agencies, hereinafter the "GUIDE", and any future revisions for assistance in complying with this AGREEMENT, WHEREAS, the RECIPIENT shall outline, undertake, and complete the work as described in the Scope of Work and Budget Summary (Attachment A) in accordance with the terms and conditions of this AGREEMENT, and consistent with the FHWA Contract Administration Manual, the CABINET/FHWA Stewardship Agreement, FHWA Form 1273 and all applicable State and Federal laws and regulations, WHEREAS, the RECIPIENT shall demonstrate and shall maintain adequate staff, provide delivery systems, and sufficient accounting control to complete the PROJECT in accordance with all Federal and State laws and regulations addressed herein, and WHEREAS, the RECIPIENT has agreed to provide a minimum of 20% matching funds and to accept responsibility for all administration, staffing, maintenance and operation costs for the Project as identified under this AGREEMENT; NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the CABINET and the RECIPIENT hereby agree as follows: Section 1. Scope of Work & Budget Summary. It is understood that the PROJECT will enhance the transportation system as further described in the Scope of Work and Budget Summary (Attachment A, attached hereto and made a part of this AGREEMENT). In the Scope of Work and Budget Summary, the RECIPIENT is to include detailed expectations, individual activities, estimates, and a schedule with milestones which the CABINET will use as checkpoints for the PROJECT. Further, the RECIPIENT is to CITY OF HENDERSON NORTH GREEN RIVER ROAD SIDEWALK EXTENSION $70,000/TA 02-03210 SUPPLEMENTAL#O 1800003837
define the roles, responsibilities, and authorities of the various entities and/or organizational units with regard to the project development and project delivery processes specific to this PROJECT in the Scope of Work and Budget Summary. The RECIPIENT shall identify and provide a point of contact, including adequate contact information, for who shall be responsible to manage this PROJECT on the RECIPIENT's behalf, submit the Scope of Work and Budget Summary to the CABINET, and be responsible for ensuring that the RECIPIENT adheres to all terms and conditions of this AGREEMENT. The RECIPIENT shall have final design plans, specifications, and a total estimate prepared by a Professional Engineer licensed to practice in the Commonwealth of Kentucky and approved by the CABINET prior to any construction. The Project Development Checklist (LPA-PDC) (Appendix 1 of the GUIDE) shall be submitted by the RECIPiENT and certified by the CABINET prior to construction. Section 2. Effective Date of Agreement and Term of Eligible Reimbursement. It is understood the effective date of this AGREEMENT is the date the AGREEMENT is signed by the Secretary of the CABINET. After execution of the AGREEMENT, the CABINET will return a copy of the AGREEMENT to the RECIPIENT and issue a Notice to Proceed to begin work on a particular Phase of the PROJECT. Expenditures made prior to the effective date of the AGREEMENT and before the Notice to Proceed for the particular Phase covering the expenditure shall not be eligible for reimbursement. The Term of Eligible Reimbursement under this AGREEMENT shall end 6/30/2021 unless that Term is extended or amended by written agreement in accordance with the provisions of KRS 45A and CFR Part 200 as to period of performance. Any and all funding obligated for any Phase of this PROJECT defined by the original Scope of Work and authorized changes shall be available to reimburse the RECIPIENT for eligible work activities completed and costs incurred after the effective date of this AGREEMENT and the Notice to Proceed covering that Phase of the PROJECT. If the PROJECT cannot be completed during the Term of Eligible Reimbursement under this AGREEMENT, the RECIPIENT must provide justification why the PROJECT end date should be extended and identify the new Term of Eligible Reimbursement being requested. Section 3. Funding Out Provision. The CABINET may terminate this contract if funds are not appropriated to the contracting agency or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The CABINET shall provide the RECIPIENT thirty (30) calendar days written notice of termination of the contract. This AGREEMENT is contingent upon the continued availability of appropriated Federal funding. If the funding appropriated for any Phase of the PROJECT becomes unavailable for any reason including the Kentucky General Assembly's failure to appropriate the funding, by operation of law or as the result of a reduction in Federal funding, further reimbursement of PROJECT expenditures may be denied, the PROJECT may be cancelled, the timeline extended or the scope amended by the CABINET either in whole or in part without penalty. Denial of further reimbursement, PROJECT cancellation, extension or amendment because of an interruption in the appropriated funding is not a default or breach of this
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AGREEMENT by the CABINET nor may such denial, cancellation, extension or amendment give rise to any claim against the CABINET. Section 4. Duration of Project. It is understood and agreed by the parties hereto that the Scope of Work shall be completed within the period set forth herein under Section 2. In the event the RECIPIENT fails to perform the Scope of Work within the time allotted, or at any time the RECIPIENT fails to maintain adequate staff, project delivery systems, or sufficient accounting control, the CABINET reserves the right to cancel further reimbursements related to the PROJECT under the AGREEMENT. In the event the CABINET denies further reimbursement under this section, the RECIPIENT shall refund all reimbursements made by the CABINET to the RECIPIENT under this AGREEMENT. Section 5. Project Funding. It is expressly understood that Federal funding for this PROJECT is being provided by the Federal Highway Administration (FHWA) through the CABINET, specifically through the Catalog of Federal Domestic Assistance program number 20.205, Highway Planning and Construction. The Federal share of the total cost of this AGREEMENT shall not exceed $70,000 (the amount indicated on Attachment A) unless otherwise approved in writing by the CABINET with the concurrence of FHW A If the RECIPIENT completes the PROJECT for less than this amount, the remaining funds may only be used by the RECIPIENT upon written agreement of the CABINET and may only be used for eligible PROJECT costs within the original PROJECT scope. Unless otherwise stated, the funding for the PROJECT shall be authorized in Phases and no reimbursement shall be considered for expenditures made before a Notice to Proceed for that Phase has been received. Reimbursement requests will be considered only for and up to the funding amount and type of work described in the approved Scope of Work and Budget and authorized by the Notice to Proceed for that Phase. The RECIPIENT has agreed to accept up to $70,000 in Federal reimbursement funding available as authorized in Phases for eligible PROJECT costs and shall be responsible for any costs in excess of $70,000 necessary for completion of the approved Scope of Work and any authorized changes to the PROJECT. The RECIPIENT shall pay all PROJECT expenses and only upon meeting all terms and conditions of this AGREEMENT will be eligible to receive Federal reimbursement funding. All charges to the PROJECT shall be supported by properly executed invoices, contracts, vouchers, or monthly employment data evidencing in proper detail the nature and propriety of the charge. The CABINET or FHWA may require additional documentation at their discretion. Section 6. Allowable Costs. Funding may be used for restoration, repair, construction and other activities eligible under the Surface Transportation Program (STP) as defined within 23 USC 133(b). Funding may also be used for passenger and freight rail transportation and port infrastructure projects eligible for assistance under subsection 23 USC 601(a)(8). The PROJECT costs referred to in this AGREEMENT shall be those costs included in the Scope of Work (Attachment A) and submitted to the CABINET on the Reimbursement Request Form. The RECIPIENT shall follow 2. CFR 200. The RECIPIENT is responsible for adhering to all Federal and State laws and regulations listed in this AGREEMENT and all documents referred to herein. Reimbursement by the CABINET shall not be
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provided to the RECIPIENT if any requirements listed within 23 CFR 123 are not met. The CABINET shall reimburse the RECIPIENT upon request by the RECIPIENT providing proof of payment through appropriate documentation, which includes but is not limited to the following: work progress completed to date, expenses, cancelled checks, bank statements, verified affidavits, and employment reports. The RECIPIENT shall also certify the work shown on the invoice has been performed in accordance with the terms of this AGREEMENT and approved plans and specifications, the cost(s) shown are verified and are true and correct, and the request for reimbursement in no way represents any degree of duplication of payments that have or will be received from other funding sources. This formal letter must be signed by the designated project manager for the RECIPIENT in responsible charge. Reimbursement by the CABINET is also subject to the provisions of Sections 33 and 36 hereof. The CABINET or FHWA reserves the right to require additional documentation. Section 7. Reporting and Monitoring The RECIPIENT shall maintain and comply with all reporting requirements outlined by the CABINET and FHWA. This Federal-aid project is subject to the reporting requirements contained in the Federal Funding Accountability and Transparency Act (Transparency Act) of 2006 and its associated amendments. The Transparency Act requires entities receiving Federal awards such as Federal contracts, sub-contracts, grants and sub-grants, to disclose certain information. This Agreement is subject to 31 USC 6101, 2 CFR 170, and 2 CFR Subtitle A, Chapter I and Part 25. The CABINET may require that the RECIPIENT provide a completed Federal Funding Accountability and Transparency Act form prior to execution of this Agreement. The making, recording and reporting of any purchases shall be undertaken in accordance with the requirements of KRS 45A and applicable federal guidelines. All checks, invoices, contract records, vouchers, orders, purchasing documents, and monthly employment data pertaining in whole or in part to the PROJECT shall be clearly identified and readily accessible. The RECIPIENT shall permit the CABINET and/or FHWA to conduct periodic site visits to ascertain compliance with Federal and State laws and regulations. The RECIPIENT shall maintain financial records for three years after the latest of project completion, the execution of the Project Closure Form by KYTC, Final Acceptance and final reimbursement. Section 8. Environmental Requirements. With the advice and assistance of the CABINET, the RECIPIENT shall ensure that all applicable environmental requirements are met including the preparation of appropriate environmental documentation prepared pursuant to the National Environmental Policy Act (NEPA) of 1969 addressing the social and environmental effects of the proposed PROJECT. Adequate resources must be devoted to ensuring that all applicable environmental reviews under NEPA are completed on an expeditious basis and that the shortest existing applicable process under NEPA shall be utilized. Compliance with NEPA, Section 4(f) of 49 USC 303, Section 106 of the National Historic Preservation Act, Sections 401 and 404 of the Clean Water Act, Section 7 of the Endangered Species Act, and any other applicable environmental laws and regulations must be received to permit funding authorization by the FHWA. Specifically, Phase I design activities will be allowed to proceed without a valid
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environmental document; however, the commencement of any Phase II design, right-of-way acquisition, utility relocation, or construction activities shall not be permitted prior to approval of the appropriate environmental document. Federal funds will be available for reimbursement of construction costs upon successful completion of design activities. Section 9. Land Acquisition. Should the PROJECT require the acquisition of any interest in real property by the RECIPIENT; the RECIPIENT must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 {49CFR part 24), State Law and KYTC Division of Right of Way & Utilities Guidance Manual and the RECIPIENT does not have the authority to acquire property by eminent domain, the applicability of the Uniform Relocation Assistance {URA) and Real Property Acquisitions Policies Act, 49 CFR Part 24 {as amended) shall be limited to the following requirements: {1) Prior to making an offer for the property, the property owner shall be advised in writing that should negotiations fail to result in an amicable agreement, the RECIPIENT will not be able to acquire the property, and {2) The property owner shall be informed in writing of what the RECIPIENT believes to be the fair market value of the property based upon a fair market value appraisal approved by the CABINET, Division of Right-of-Way and Utilities prior to any offer by the RECIPIENT. The RECIPIENT shall ensure that all real property acquisition, relocation assistance, and property management are completed in a fair, equitable and approved manner consistent with all State and Federal laws and regulations governing the acquisition of real property for public use using State or Federal highway funding. {1) The RECIPIENT shall either adopt in writing the CABINET's written Policies and Procedures for Right of Way Acquisition and Relocation Assistance or present its own written Policies and Procedures for approval by the CABINET's Division of Right of Way and Utilities and, if applicable, the FHWA. (2) The RECIPIENT shall conduct all appraisals and appraisal reviews using personnel meeting the CABINET's minimum qualifications and listed on the CABINET's pre-qualified appraiser and reviewer list. {3) If the RECIPIENT chooses to use an acquisition consultant on all or any portion of the PROJECT, the selection of the consultant shall be in accordance with the CABINET's Division of Right of Way Guidance Manual. (4) All appraisals must be reviewed and approved by the CABINET's Central Office review appraisers, failure to do so will result in the PROJECT being ineligible for reimbursement. (5) The RECIPIENT shall provide property management in accordance with approved procedures and be responsible for the abatement of any asbestos containing materials and removal of contaminated soils pursuant to applicable State and Federal laws and regulations. (6) The RECIPIENT shall provide the CABINET and, when applicable, FHWA, necessary assurance that all real property has been acquired and all displaced individuals, businesses, non-profit organizations and farms have been offered relocation assistance according to applicable State and Federal laws and regulations. {7) The RECIPIENT shall provide the CABINET, and when applicable, FHWA, necessary documentation for review and approval at various stages of the acquisition process, as described in the CABINET's Right of Way Relocation Assistance Guidance Manual.
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The CABINET shall: (1) Review all appraisal reports to ensure proper appraisal practice and procedures as well as compliance with State and Federal laws and regulations, and (2) Approve the final value conclusion through the Director, Division of Right of Way and Utilities. The RECIPIENT shall provide to the CABINET the following information on each parcel of real property to be acquired: • A title opinion for the Property, • An accurate legal description and plat delineating the shape and location of the Property to be acquired, (In accordance to KYTC Division of Design Specifications) • The total area of the Property, • The Property interest to be acquired Should the acquisition of real property result in the displacement of a tenant-occupant, such displacement shall be subject to the requirements of the URA, as set out in implementing regulations 49 CFR Part 24. A displaced tenant shall be eligible for moving expenses and any other relocation expenses for which they might qualify. Section 10. Restrictive Easements. The RECIPIENT acknowledges that the CABINET will require the placement of a restrictive easement approved by and in favor of the CABINET in the chain of title of any real property acquired or improved pursuant to the PROJECT in favor of the CABINET. If the Owner of any real property acquired or improved pursuant to the PROJECT is different from the RECIPIENT, then the Owner shall sign and be made a party to this AGREEMENT and the Owner hereby acknowledges, covenants and consents to the placement of a restrictive easement for perpetual maintenance of the property acquired or improved pursuant to the PROJECT in the chain of title in favor of the CABINET prior to final reimbursement by the CABINET. Section 11. Reimbursable Utility Relocations. When conducting a utility relocation, KRS 177.035 and KRS 179.265 determine the necessity of payment on behalf of the utility company in question. When law requires the reimbursement of the work, the cost of constructing the most economical type of facilities that satisfactorily meet the service requirements of the former facilities is negotiated, and an agreement is executed between the project development party and the utility company. Utility relocations shall be designed by the utility company and shown on the PROJECT's survey and general plan sheets. The impacted utility company, with its regular construction or maintenance personnel, and/or with an approved contractor or subcontractor, will furnish all engineering, administration, labor, and materials to make and complete all necessary adjustments of its facilities to accommodate the PROJECT. The project development party shall inspect the relocation and document the proper installation of the facilities. If it is determined that the utility relocation work is best conducted within the PROJECT's construction contract, the party responsible for the PROJECT construction will negotiate, execute the agreement, and inspect the relocation work, under direct advisement of the project development party. If a conflict of interest arises between the obligated party and a utility company, the unobligated party shall intercede to provide the utility coordination.
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Section 12. Non-Reimbursable Utility Relocations. When KRS 179.265 indicates the work is not reimbursable, the utility company shall design their relocation plan on the PROJECT's survey and general plan sheets. The project development party shall perform a review and approval of the relocation per agency policy and procedure. The project development party shall inspect the relocation and document the proper installation of the facilities. If a conflict of interest arises between the obligated party and a utility company, the unobligated party shall intercede to provide the utility coordination. Section 13. General Railroad Coordination. The party obligated to execute the project development portion of the PROJECT shall be charged with any railroad coordination for the PROJECT, the execution of a contract with the impacted railroad and oversight of the execution. All work related to the PROJECT shall be done in accordance with the CABINET's Standards, Specifications, Standard Drawings, and Utilities and Rails Manual. Correspondence pertaining to railroad coordination may impact both the project development and construction of the PROJECT. Therefore any and all correspondence regarding railroad coordination activities must be provided to both contracted parties. The CABINET'S representative in such matter is the Central Office Rails Coordinator. The project development party shall provide the following with the bid package for the PROJECT: a railroad coordination note defining any and all special project terms and conditions due to the involvement of the railroad company and an estimate of the PROJECT expenses for railroad coordination. Section 14. General Utility Coordination. The party obligated to execute the project development portion of the PROJECT shall be charged with the identification of utility facilities in conflict with the PROJECT, the execution of a remedy for said conflict, and oversight of the execution. The CABINET encourages dutiful consideration of utility avoidance via design considerations. When avoidance is impossible, uneconomical or otherwise invalid, utility relocation is an acceptable remedy for conflict. All work related to the PROJECT shall be done in accordance with the CABINET's Standards, Specifications, Standard Drawings, and Utilities and Rails Manual. Correspondence pertaining to utility coordination may affect both the project development and construction of the PROJECT. Therefore any and all correspondence regarding utility coordination activities must be provided to both contracted parties. The CABINET's representative on these matters is the District Office Utility Supervisor. The project development party shall provide the following upon full execution of the utility relocation for the PROJECT: 3 sets of as-built plans for each utility company that completes facility relocation on the project prior to the construction letting, a utility impact note defining the utilities identified in the PROJECT, relocations that have been performed, incomplete relocations, and completion schedules for the incomplete work. Section 15. Permits and Licenses. The RECIPIENT is responsible for obtaining all permits and licenses required to initiate, perform and complete all phases of the PROJECT in an appropriate and timely manner. Per the CABINET/FHWA Stewardship Agreement, the PROJECT may require more involvement from the FHWA.
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Section 16. Design and Construction Standards. All Federal and State design and construction criteria for the type of work shall be followed, including but not limited to 23 CFR 625, the CABINET's Highway Design Manual, the CABINET's Standard Drawings, the CABINET's Standard Specifications for Road and Bridge Construction, the CABINET's Drainage Manual, the CABINET's Structural Design Manual, the American Association of State Highway Transportation Officials' (MSHTO) "Policy on Geometric Design of Highways and Streets", and the Institute of Transportation Engineers' (ITE) Manual on Uniform Traffic Control Devices (MUTCD). All work performed shall be in accordance with the most recent edition of the CABINET's Standard Specifications for Road and Bridge Construction, as revised, and as provided in Subsection 105.01 of said Specifications. All materials furnished shall be in accordance with Subsection 106 of said Specifications to include all CABINET List of Approved Materials. These standards, specifications, and criteria are incorporated in this AGREEMENT by this reference. Section 17. Consultant Selection. The RECIPIENT shall be responsible for all PROJECT design activities, which may be completed either by the RECIPIENT's staff or a consultant. If the RECIPIENT selects to perform the design work with internal staff, these costs will be eligible for an in-kind match if pre approved by the CABINET Administering Office. If the RECIPIENT selects to perform the work through a consultant, the RECIPIENT, with the oversight and approval of the CABINET, shall be responsible for the advertisement, selection, and contracting for consultant engineering and related services for the PROJECT in compliance with the Federal requirements set forth in the Brooks Act, Public Law 92-582, the FHWA policy outlined in 23 CFR 172, CABINET policies and procedures, the CABINET procurement policies, and the Kentucky Model Procurement Code as defined within KRS 45A. 730-750. This requires the use of a Qualifications Based Selection (QBS) process for the selection of all engineering and related services. By complying with KRS 45A.730-750, the required Federal provisions of the Brooks Act will be satisfied. All plans and specifications must be prepared by a professional engineer or architect licensed in the Commonwealth of Kentucky and prequalified by the CABINET to practice the type of work to be done. If no CABINET prequalification category exists, a consultant must receive approval by the CABINET prior to working on the PROJECT. The RECIPIENT may choose to enter into a letter agreement with a consultant that has a statewide contract with the CABINET instead of going through the procurement process itself. Section 18. Contractor Procurement. The RECIPIENT shall be responsible for all PROJECT construction activities, which may be completed either by the RECIPIENT'S staff or by a contractor. If the RECIPIENT intends to use contractor services, the RECIPIENT shall be responsible for the advertisement, opening of bids, selection, and contracting for contractor services for the PROJECT, with the concurrence of the CABINET, in accordance with the Federal contract provisions listed in FHWA Form 1273 which take precedence over the Kentucky Model Procurement Code provisions KRS 45A.343 and KRS 45A.345-460, as well as KRS 424, 23 CFR 635, 23 USC 112. Bid proposals must be accepted for a minimum of 21 days from the date of the first advertisement for award. Contractors and subcontractors must be pre-qualified by the CABINET for the type of work prior to being awarded a contract. If no CABINET prequalification
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category exists, a contractor or subcontractor must receive the approval of the CABINET prior to working on the PROJECT. The RECIPIENT shall prepare an independent engineer's estimate in accordance with 23 CFR 630, Subpart B to compare against the contractors' bids for reasonableness. The RECIPIENT shall thoroughly review all bids and obtain concurrence from the CABINET prior to the award or the rejection of any contract of bids for work or materials to be used on this PROJECT. Factors that should be considered and documented in reviewing submitted bids are: a comparison of the bids against the engineer's estimate, the number of bids submitted, the distribution or range of bids received, the geographic location of bidders, any potential savings from readvertising the PROJECT, a comparison of bids against other recent bids for the same item or service, the urgency of the PROJECT, the number of times previously advertised or contracted for, the current market conditions, a comparison of unit bids versus engineer's estimate unit bids, the funding available. Determining whether the bids received are adequate involves considering any critical safety improvements, emergency repair or replacement of damaged facilities, the opening of otherwise completed facilities to traffic, furthering a phased construction schedule, or any other factors deemed important by the CABINET or FHWA. Specific Federal requirements defined within 23 CFR 635 require that the award be made to the lowest responsive bidder meeting the criteria of responsibility established by the CABINET. Section 19. Contract Administration and Inspection It is understood that the RECIPIENT shall be responsible for all aspects of administration, testing, and inspections to ensure the mate.rials and construction meet CABINET specifications and Federal quality assurance specifications referenced in 23 CFR 637 and 23 CFR 635.105 (a) or (b). This includes providing daily on-site inspection of contractor work activities and prompt processing all of the paperwork associated with the construction contract, including any change orders. The RECIPIENT must receive prior written CABINET approval for all change orders, but such approval shall not increase the funding obligated to the RECIPIENT under this AGREEMENT or otherwise. The RECIPIENT shall use the most recent edition of the CABINET's Regional Highway and Bridge Construction Inspection advertisement for construction inspectors, or must receive CABINET approval to submit an Alternative Construction Inspection Plan. If the RECIPIENT does not have adequate staff to perform this work, the RECIPIENT may hire a consultant or enter into an agreement with another governmental agency to provide these services. The CABINET must review and approve the Construction Engineering and Inspection agreement and the agreement with the service provider and a copy of both in the PROJECT file as required by FHWA. If the RECIPIENT elects to hire a consultant, the RECIPIENT must ensure that the consultant staff is competent in construction inspection and performs all work under the direct supervision of a registered professional engineer or architect licensed in the Commonwealth of Kentucky. The use of a consultant does not relieve the RECIPIENT of ultimate responsibility for the proper administration and inspection of the construction. If a consultant is used to provide inspection services, the
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RECIPIENT must also provide an appropriately certified and licensed RECIPIENT employee to be in responsible charge of the PROJECT and oversee the inspections. When an Alternative Construction Inspection Plan is submitted, the RECIPIENT must ensure sufficient quantity and quality are delivered and that proper inspection documentation is maintained. The Alternative Construction Inspection Plan must be performed under the supervision of a Professional Engineer licensed in the State of Kentucky, include credentials and experience of inspectors, indicate testing consistent with the CABINET's Sampling Manual, detail the frequency, who will be responsible, and what will be included in reports, and coordinate with the CABINET's construction inspector. The CABINET and/or the FHWA may conduct an announced or unannounced field review of the PROJECT at any time. This field review is intended to verify conformance with all laws, regulations, and policies applicable to the Federal-aid Highway Program and provide assistance to the RECIPIENT where necessary. Section 20. Davis-Bacon and Related Acts. The 1931 Davis-Bacon Act (prevailing Federal wage) requires the RECIPIENT of all Federal-aid construction projects to comply with contractor and subcontractor payment rates and fringe benefits as determined by the Secretary of Labor for corresponding classes of laborers and mechanics engaged on similar construction, alteration, and/or repair of public buildings or public works, painting, or decorating projects in the locality. Specific wage rates shall be included in the construction contract between the RECIPIENT and the contractor, which must also include a contract provision that overrides the general applicability provisions in Form FHWA-1273, Sections IV and V. Section 21. The Contract Work Hours and Safety Standards Act. During the construction of the PROJECT, the RECIPIENT shall comply with the Contract Work Hours and Safety Standards Act which contains weekly (after 40 hours) overtime pay requirements and applies to most Federal contracts which may require or involve the employment of laborers and mechanics, including watchmen and guards. Section 107 of the Act provides health and safety standards on covered construction work which are administered by the Occupational Safety and Health Administration (OSHA). The RECIPIENT shall refer to the Contract Work Hours and Safety Standards Act for the requirements under this provision. Section 22. The Copeland "Anti-Kickback" Act. The RECIPIENT shall comply with the "Anti Kickback" section of the Copeland Act, which makes it punishable to induce any person working on a Federally funded or assisted construction project to "give up any part of the compensation to which he is entitled under his contract of employment." The RECIPIENT shall refer to the Copeland Act for the requirements under this provision. Section 23. Title VI - Civil Rights Act of 1964. The RECIPIENT shall comply with all requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252), the Regulations of the United States Department of Transportation issued thereunder (CFR Title 49, Subtitle A, Part 21 ), and the assurance by the RECIPIENT pursuant thereto. Title VI prohibits discrimination on the basis of race, color, national origin, disability, gender, age, and income in all programs or activities of any RECIPIENT of Federal assistance.
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Section 24. Equal Employment Opportunity. In connection with the execution of this AGREEMENT, the RECIPIENT shall take affirmative action and not discriminate against any employee or applicant for employment to ensure that applicants are employed, and that employees are fairly treated during their employment, without regard to their race, religion, color, sex, national origin, age, or disability. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training including apprenticeship. The RECIPIENT shall incorporate the foregoing requirements of this paragraph in all subcontracts for services covered by this AGREEMENT. Section 25. Non Discrimination. Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to contracts utilizing federal funds, in whole or in part. During the performance of this contract, the RECIPIENT agrees as follows: a. The RECIPIENT will not discriminate against any employee, applicant, contractor or consultant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, or age. The RECIPIENT further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law 101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The RECIPIENT agrees to provide, upon request, needed reasonable accommodations. The RECIPIENT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship. The RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non discrimination clause. b. The RECIPIENT will, in all solicitations or advertisements for work placed by or on behalf of the RECIPIENT; state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. c. The RECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the RECIPIENT's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The RECIPIENT will take such action with respect to any contract, subcontract or purchase order as the CABINET or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance.
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d. The RECIPIENT will comply with all provisions of Executive Order No. 11246 of September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The RECIPIENT will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to the PROJECT books, records and accounts by the CABINET or FHWA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the RECIPIENT's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the RECIPIENT may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law. g. The RECIPIENT will include the provisions of paragraphs (1) through (7) of section 202 of Executive Order 11246 in every contract, subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No.11246 of September 24, 1965, as amended, so that such provisions will be binding upon each contractor, subcontractor, consultant or vendor. The RECIPIENT will take such action with respect to any contract, subcontract or purchase order as the CABINET or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a RECIPIENT becomes involved in, or is threatened with, litigation with a cbntractor, subcontractor or vendor as a result of such direction by the CABINET or FHWA, the RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. Section 26. Disadvantaged Business Enterprise (DBE} Requirements. An applicant DBE firm must be given consideration for participation in the PROJECT and a DBE goal shall be set by the CABINET for work on the PROJECT. The CABINET shall review and approve the DBE goal based on CABINET processes and procedures. Any participating DBE firm must be certified as a DBE firm and be prequalified with the CABINET. The RECIPIENT agrees to comply with the DBE Requirements contained within 23 CFR 635 Subpart A, Section 1101(b) of Public Law 109-59, Chapter 3 of Title 49 USC and 49 CFR Part 26 to ensure equal opportunity to socially and economically disadvantaged small businesses. Assurance. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of contracts assisted by the United States Department of Transportation. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other allowable
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remedy the CABINET deems appropriate. Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include this provision. DBE Prompt Payment Requirement. The contract between the RECIPIENT and the contractor shall include a contract provision that requires the contractor to comply with 49 CFR 26.29 and pay its subcontractors within then (10) working days from receipt of each payment RECIPIENT makes to the contractor. The RECIPIENT shall prohibit the contractor from withholding retainage on any subcontract on this PROJECT to ensure prompt and full payment from the contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Section 27. Prohibited Interest. No member, officer, or employee of the CABINET or the RECIPIENT during his tenure or for one (1) year thereafter shall have any financial interest, direct or indirect, in this AGREEMENT or the proceeds thereof as identified in KRS 45A.340. The CABINET and the RECIPIENT shall comply with the requirements of the Executive Branch Code of Ethics KRS Chapter 11A. No member, officer, or employee of the CABINET or RECIPIENT shall collude or lobby on behalf of this PROJECT without penalty, including but not limited to suspension or debarment. Section 28. Covenant Against Contingent Fees. The RECIPIENT warrants that no person, selling agency or other organization has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the CABINET shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the compensation, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Section 29. Interest of Members of or Delegates to Congress. No funding has been or will be paid to a member or delegate to the Congress of the United States in connection with the awarding of this Federal contract. Nor shall any member of or delegate to the Congress of the United States receive any benefit arising out of this Federal contract. Section 30. Standards for the Treatment of Historic Properties. Projects including but not limited to Historic preservation, impacting properties on or eligible for the Nation register of Historic Places shall meet applicable Secretary of the Interior's Standards for the Treatment of Historic Properties, the Standards and Guidelines for Archeology and Historic Preservation, and all other applicable federal or state historic property requirements prior to the payment of any monies under this AGREEMENT. Section 31. Maintenance as Public Facilities. The RECIPIENT agrees to maintain the facilities in an acceptable condition and for a public purpose in accordance with the Maintenance Plan (Attachment B, attached hereto and made a part of this AGREEMENT). In addition, any applicable landscaping in any project shall be maintained in an acceptable condition to include mowing, trimming, or other maintenance. In the event that the property is not maintained as a public facility, the RECIPIENT shall reimburse the FHWA for all proceeds provided for in this PROJECT including any applicable interest, unless such change in use is approved in writing by the CABINET and FHWA, if applicable.
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Section 32. Americans with Disabilities Act. The RECIPIENT agrees to comply with the provisions of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, and other applicable Federal regulations relating hereto, issued by the U.S. Department of Transportation. ADA prohibits discrimination against otherwise qualified individuals under any program or activity receiving Federal financial assistance covered by this AGREEMENT and imposes requirements that affect the design, construction, and maintenance of all transportation projects, to provide access to all facilities. Section 33. Applicable Laws. This AGREEMENT shall be in accordance with the laws of the United States Department ofTransportation, Federal Highway Administration, the United States of America, and the Commonwealth of Kentucky. Section 34. Hold Harmless Clause. To the extent permitted by law, the RECIPIENT shall indemnify and hold harmless the FHWA and the CABINET and all of its officers, agents, and employees from all suits, actions, or claims of any character arising from any injuries, payments or damages received or claimed by any person, persons, or property resulting from implementation of any phase of the PROJECT or occurring on or near the PROJECT site. Section 35. Contract Completion. The RECIPIENT is responsible for ensuring that all PROJECT construction activities have been completed and is responsible for providing all of the necessary paperwork as required by the construction contract. This involves conducting a pre-audit of all contract items and associated paperwork. When complete, the RECIPIENT'S project engineer in responsible charge of the PROJECT shall notify the CABINET the PROJECT is ready for final inspection. The RECIPIENT will conduct, document and submit to the CABINET a field inspection to verify completion of the work in substantial conformance with the AGREEMENT. The RECIPENT's project manager shall certify the PROJECT was constructed in accordance with the plans and specifications and that the contractor has paid all suppliers and subcontractors in full. In accordance with 2 CFR 200, the RECIPIENT shall maintain all PROJECT records for three (3) years after final payment. Section 36. Audit and Inspection. The RECIPIENT, contractor and any subcontractors shall permit the CABINET, the Comptroller General of the United States and the Secretary of the United States Department of Transportation, or their authorized representatives, to inspect and approve all phases of the PROJECT and all relevant PROJECT data and records, including any audit(s) of the RECIPIENT pertaining to the PROJECT. The RECIPIENT hereby acknowledges its duty to the CABINET to determine whether it is subject to the Single Audit Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156. The RECIPIENT shall follow 2 CFR 200. In Accordance with 2 CFR 200 Subpart F, If the RECIPIENT has expended more than $750,000 in Federal funding from all sources in the RECIPIENT's fiscal year, the RECIPIENT shall provide the CABINET copies of their 2 CFR 200 Subpart F audit reports within 9 months of their fiscal year end.
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The RECIPIENT hereby acknowledges it is responsible to inform any entity it intends to hire or use as a contractor, as defined in KRS 45A.030(9), that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any of the contractor's books, documents, papers, records, or other evidence, which are directly pertinent to this AGREEMENT for the purpose of financial audit or program review. Furthermore, any of the contractor's books, documents, papers, records or other evidence provided to the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, or the Legislative Research Commission which are directly pertinent to the AGREEMENT shall be subject to public disclosure regardless of the proprietary nature of the information, unless specific information is identified and exempted and agreed to by the Secretary of the Finance and Administration Cabinet as meeting the provisions of KRS 61.878(1 )(c) prior to the execution of the AGREEMENT. The Secretary of the Finance and Administration Cabinet shall not restrict the public release of any information, which would otherwise be subject to public release if a State government agency were providing the service. Section 37. Campaign Finance. The RECIPIENT shall certify that the contractor swears under the penalty of perjury, as provided by KRS 523.020, that neither he/she nor the entity which he/she represents has knowingly violated any provisions of the campaign finance laws of the Commonwealth, and that the award of a contract to him/her or the entity which he/she represents will not violate any provisions of the campaign finance laws of the Commonwealth. Section 38. Violations. Pursuant to KRS 45A.485, the RECIPIENT shall certify that all contractors shall reveal to the CABINET any final determination of a violation within the previous five (5) year period pursuant to KRS Chapter 139, 136,141,337,338,341 and 342. These statutes relate to the State sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health law, unemployment compensation law, and workers compensation insurance law, respectively. The RECIPIENT shall certify that all contractors agree to be in continuous compliance with the provisions of KRS Chapters 136,139,141,337,338,341 and 342 for the duration of this AGREEMENT. Failure to reveal a final determination of a violation of the referenced statutes or to comply with these statutes for the duration of this AGREEMENT shall be grounds for the cancellation of the contract or subcontract and disqualification of the contractor from eligibility for future State contracts for a period of two (2) years. Section 39. Personal Service Contracts and Memoranda of Agreement. If this AGREEMENT comes under the purview of KRS 45A.690 - 45A.725, payments on personal service contracts and memoranda of agreement shall not be authorized for services rendered after disapproval of the Government Contract Review Committee unless the decision of the committee is overridden by the Secretary of Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority. Section 40. Disputes. Any dispute concerning a question of fact in connection with the work, not disposed of by agreement between the RECIPIENT and the CABINET, shall be referred to the Secretary of the Transportation Cabinet of the Commonwealth of Kentucky, or his duly authorized representative,
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whose decision shall be final. Regulations concerning any claims to be filed by a contractor are referenced in 23 CFR 635.124. Section 41 . Agreement Change. Any proposed change to the Scope of Work or time extension to this AGREEMENT shall comply with 23 CFR 635.120 and 635.121 and shall be evidenced in writing at the mutual consent of the RECIPIENT and the CABINET. Section 42. Termination. The CABINET may cancel all reimbursements under this AGREEMENT at any time deemed to be in the best interest of the CABINET by giving thirty (30) calendar days written notice of such cancellation to the RECIPIENT. If reimbursement under this AGREEMENT is canceled under this section by reason other than violation of this AGREEMENT or any applicable law by the RECIPIENT, its agents, employees and contractors, the CABINET shall reimburse the RECIPIENT according to the terms hereof for all expenses incurred under this AGREEMENT to the date of such cancellation of reimbursement. The RECIPIENT may seek to cancel its obligations under this AGREEMENT at any time deemed to be in the best interest of the RECIPIENT by giving thirty (30) calendar days written notice of such request to the CABINET. If the CABINET agrees to allow the RECIPIENT to cancel the PROJECT or cancel its obligations under this AGREEMENT, the RECIPIENT shall reimburse the CABINET for all Federal funding reimbursements made under this AGREEMENT. Section 43. Resolution. The RECIPIENT shall pass a resolution authorizing the Mayor to sign this AGREEMENT on behalf of the RECIPIENT. An acceptable Resolution shall contain the Project name, description, amount of funds being provided and an acknowledgement that the RECIPIENT agrees to ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the AGREEMENT. Furthermore, by accepting the funds the RECIPIENT agrees to all terms and conditions stated in the AGREEMENT. A copy of the resolution shall be attached to the AGREEMENT (Attachment C) and returned to the CABINET prior to full execution of this PROJECT.
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IN TESTIMONY WHEREOF, the parties have hereto caused this AGREEMENT to be executed upon signature by their proper officers and representatives.
KENTUCKY TRANSPORTATION CABINET
Approved as to form and legality: Commonwealth of Kentucky
Attorney Greg Thomas, Secretary Transportation Cabinet Transportation Cabinet
Date: ------Date:------
LOCAL PUBLIC AGENCY
Approved as to form and legality: City of Henderson
Attorney Mayor City of Henderson
Date: ------Date:------
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ATTACHMENT A SCOPE OF WORK AND BUDGET SUMMARY Scope of Work: All federally-funded projects are set up in phases (design, ROW, utilities, construction). No work can begin on any phase of a project until the CABINET provides a written notice to proceed for that phase. Funding for this project will be programmed with FHWA as each phase is approved. Effective December 26, 2014, FHWA requires a project end date for each federal project phase programmed. As each phase of the project is programmed with FHWA a supplemental agreement will be sent to the project sponsor to add the funding and adjust the project end date. Any expenditure incurred by the project sponsor after the end date will not be eligible for reimbursement. If the project sponsor requires an extension, they must notify the Administering Office thirty (30) days before the project end date.
Construct sidewalk along North Green River Road from Bend Gate Road to Osage Drive.
Design (programmed w/ FHWA) $70,000 $17,500 $87,500
Future Phase Estimates
Right-of-Way (Estimated) $8,000 $2,000 $10,000
Archeology (Estimated) $0 $0 $0
Utilities (Estimated) $8,000 $2,000 $10,000
Construction (Estimated) $102,320 $25,580 $127,900
Est Total Future Phases $118,320 $29,580 $147,900
Est Completed Project Total $188,320 $47,080 $235,400
Rev 04/11/2017 Page 18 of 22 City Commission Memorandum 18-96
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager//
SUBJECT: Municipal Aid Cooperative Agreement
The accompanying resolution authorizes the execution of a Municipal Aid Cooperative agreement with the Kentucky Transportation Cabinet for fiscal year 2018- 2019.
The agreement provides for an initial apportionment of $334,627.00, after a three percent set-aside for an emergency fund. The funds are restricted to the maintenance, construction, or reconstruction of city streets. This includes materials, labor, and equipment necessary for the city to accomplish maintenance, repairs, and improvements on city streets.
The initial apportionment is 60 percent of the projected revenue to be made available to the City during the fiscal year commencing July 1, 2018. Additional monies will be provided as they may become available in subsequent apportionment from the Commonwealth. A total of approximately $574,961.26 is anticipated next year.
The receipt of these funds is crucial to the continued maintenance of city streets. Your approval of the attached resolution is requested.
c: Brian Williams Robert Gunter RESOLUTION NO. ----
RESOLUTION APPROVING MUNICIPAL AID COOPERATIVE AGREEMENT WIIB 1HE KENTUCKY 1RANSPORTATION CABINET FOR MAINTENANCE AND CONSTRUCTION OF CITY STREETS IN FISCAL YEAR 2018-2019
WHEREAS, the Kentucky Transportation Cabinet provides funds to municipalities for the maintenance, construction, and reconstruction of City streets; and
WHEREAS, the receipt of said funds is crucial to the continued maintenance of the City's streets; and
WHEREAS, the City Manager recommends approval of the attached contract.
NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, KenJ;ucky, that the recommendation of the City Manager is hereby accepted, and the attached contract for Mutual Aid Funds with the Kentucky Transportation Cabinet, for FiscalYear 2018-2019, is hereby approved, and the Mayor is authorized to execute the contract on behalf of the City.
On motion of Commissioner , seconded by Commissioner , that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded.
Steve Austin, Mayor ATTEST: Date: ------
Maree Collins, City Clerk
APPROVED AS TO FORM AND LEGALITY THIS~ DAY OF MAY,2018. .
By: MUNICIPAL ROAD AID COOPERATIVE PROGRAM AGREEMENT
THIS AGREEMENT, entered into as of the date of the signature below of the
Secretary of the Transportation Cabinet, is made by and between the Commonwealth of Kentucky,
Transportation Cabinet, Department of Rural and Municipal Aid ("the Department"), and the
Legislative Body of the Incorporated City of HENDERSON, Kentucky (the "City").
WHEREAS, Kentucky Revised Statutes (KRS) § 177.365(1) provides that 7.7% of revenue resulting from the imposition of motor fuel taxes on taxpayers pursuant to KRS §
138.220(1)(2), KRS § 138.660(1)(2), and KRS § 234.320 shall be set aside by the Finance and
Administration Cabinet for the construction, reconstruction, and maintenance of urban roads and streets, and for no other purpose ("Municipal Road Aid Funds"), and
WHEREAS, the City has accepted an invitation from the Department to allow it to participate in a cooperative program to aid the City in the construction, reconstruction, and maintenance of certain roads and bridges using its share of the Municipal Road Aid Funds apportioned to it by the Department as provided below (the "Cooperative Program"), and
NOW THEREFORE, in consideration of the terms and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Department and the City agree as follows:
1. Apportionment of Municipal Road Aid Funds. The City's apportionment of
Municipal Road Aid Funds shall be based on revenue estimates supplied by the Office of State
Budget Director. For the Fiscal Year beginning July 1, 2018, this amount is $574,961.26 (the
"Apportionment"). The Apportionment shall be distributed by the Department to the City in accordance with the terms of this Agreement.
Page 1 of8 2. Assignment of the Apportionment. The City hereby assigns all of its right, title and interest in and to the Apportionment to the Transportation Cabinet's Division of Accounts for
Fiscal Year 2019.
3. Distribution of Municipal Road Aid Funds. The City and the Department agree that the Apportionment shall be distributed by the Department to the City as follows:
a. First Distribution. The Department shall initially distribute to the City sixty percent (60%) of the Apportionment, less three percent (3%) of the Apportionment set aside for the emergency fund below. This initial amount is $334,627.00.
b. Second Distribution. The Department shall distribute up to and including an additional thirty percent (30%) of the Apportionment to the City, less three percent (3%) of the
Apportionment set aside for the emergency fund below. The amount of the second distribution will depend on how actual revenues compare to revenue estimates.
C. Final Distribution. The Department shall allocate and distribute the remaining balance of the Apportionment, less three percent (3%) set aside for the emergency fund below. The Final Distribution shall be based on actual revenues tabulated after the end of the fiscal year (June 30).
4. Emergency Fund. The City agrees that three percent (3%) of the Apportionment shall be withheld by the Department in an emergency fund (the "Emergency Fund"). The
Emergency Fund shall include three percent (3%) of the total apportionments of all participants in the Cooperative Program, plus any remaining balances from previous fiscal years. The
Department, upon written application from a duly authorized representative of the City, may disburse these funds to the City for the purpose of it using said funds for emergency roadway and bridge projects designated by the City and lying within city limits. The Department may disburse
Page 2 of8 up to fifty percent (50%) of the approved funds to the City for the purpose of it using said funds for emergency roadway and bridge projects designated by the City. Following the completion of the project, after final cost documentation has been submitted and processed, the
Department will then distribute the determined remaining amount. If the actual cost of an emergency project is less than the amount of Emergency Funds disbursed by the Department, then the City shall reimburse the difference to the Department.
5. Disbursement of Funds. Upon execution of this Agreement, the Department will disburse the foregoing allocated funds directly to the City to pay for materials, labor and equipment necessary for the City to accomplish construction, reconstruction, and maintenance on streets designated by the City and lying within city limits. This assistance is extended insofar as funds are available from the Apportionment. The City shall be responsible for all costs associated with the construction, reconstruction and maintenance ofroadways and bridges in excess of the amount of the Apportionment allocated and disbursed by the Department to the City. The Department may assist the City in fulfilling its needs by disbursing funds to the City for materials and work performed by contract, for materials obtained by contract and for the rental or purchase of road maintenance and construction equipment. Any rental rates shall be based on current edition of the
"Blue Book for Rental of Equipment" or the Department's official rental rates. The Department may also disburse funds to the City for the hourly rate for personnel who perform the work. This rate may include employee fringe benefits such as leave overlay, retirement, social security, insurance, etc.
6. Use of Municipal Road Aid Funds. The City agrees and certifies that the
Apportionment will be expended by the City solely for the purpose of construction, reconstruction, and maintenance of city streets as defined in KRS § 177.365(4).
Page 3 of8 7. Rights of Way. The City, if required under applicable law, will acquire any rights-of-way contemplated under this Agreement and assumes responsibility for any claims for damages arising from such acquisitions.
8. Indemnification. The City shall fully indemnify, hold harmless and defend the
Department from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney's fees and costs), whether or not involving a third party claim, which arise out of, relate to or result from (a) any breach of any representation or warranty of the City contained in this
Agreement, (b) any breach of any covenant or other obligation or duty of the City under this
Agreement or under applicable law, in each case whether or not caused by the negligence of the
Department and whether or not the relevant claim has merit.
9. Reimbursement of Losses. The City will reimburse the Department for losses it may sustain arising out of performance of this Agreement. Such loss as sustained by the
Department may be charged to the Apportionment in this or future fiscal years.
10. Termination of Agreement. The Department reserves the right to cancel this
Agreement at any time deemed to be in the best interest of the Department by giving thirty (30) days written notice of such cancellation to the City. If this Agreement is canceled under this provision, then the City will receive any unpaid portion of the Apportionment from the Finance and Administration Cabinet.
11. Access to Records. The City acknowledges and agrees that pursuant to KRS §
177.369(3) it shall retain all records of the expenditures of the Apportionment for a period of five
(5) years and said records, including any books, documents, papers, records, or other evidence, which are directly pertinent to this agreement [records and other prequalification information
Page 4 of8 confidentially disclosed as part of the bid process shall not be deemed as directly pertinent and shall be exempt from disclosure as provided in KRS 6I .878(l)(c)], shall be subject to audit by the
Finance and Administration Cabinet or its duly authorized agent and made accessible by the City to the Finance and Administration Cabinet or its duly authorized agent for said period of time in order to determine the proper expenditure of said money for the purposes required by KRS §
177.365(1). The City also recognizes that any books, documents, papers, records, or other evidence received during a financial audit or program review shall be subject to the Kentucky
Open Records Act, KRS § 61.870 to KRS § 61.884.
12. Authorization. The Legislative Body of the City shall pass a resolution adopting and approving the terms of this Agreement in the form of the resolution attached to this Agreement and made a part hereof. The Chief Executive Officer of the City, and the Commissioner of the
Department, or their authorized representatives, insofar as their actions are in accord with the laws of the Commonwealth of Kentucky, shall act for their respective parties on all matters arising under this Agreement.
13. Choice of Law and Venue. All questions as to the execution, validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the Commonwealth of Kentucky. Furthermore, the parties hereto agree that any legal action which is brought on the basis of this Agreement shall be filed in the Franklin County Circuit Court of the
Commonwealth of Kentucky.
Page 5 of8 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
dates listed below.
IN CORPORA TED CITY OF HENDERSON
BY: ------Date: ------Chief Executive Officer
DEPARTMENT OF RURAL AND MUNICIPAL AID OFFICE OF RURAL & SECONDARY ROADS
BY: ------Date: ------Commissioner
APPROVED AS TO FORM AND LEGALITY:
BY: ------Date: ------Office of Legal Services
COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET
BY: ------Date: ------Secretary
Page 6 of8 R E S O L U T I O N
Incorporated City of HENDERSON
Resolution adopting and approving the execution of a Municipal Aid Co-op Program Contract between the Incorporated City and the Commonwealth of Kentucky, Transportation Cabinet, Department of Rural and Municipal Aid for the fiscal year beginning July 1, 2018, as provided in the Kentucky Revised Statutes and accepting all streets referred to therein as being streets which are a part of the Incorporated City.
Be it resolved by the Legislative Body of the Incorporated City
that:
The Legislative Body of the Incorporated City does hereby accept all streets referred to in said Contract as being city
streets which are a part of the Incorporated City; and
The Legislative Body of the Incorporated City does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in said Contract and does hereby accept said Contract and by such acceptance agrees to all the terms and conditions therein stated; and
The Chief Executive Officer of the said Incorporated City is hereby authorized and directed to sign said Contract as set forth on behalf of the Legislative Body of HENDERSON , and the
City Clerk of HENDERSON is hereby authorized and directed to certify thereto.
Page 7 of8 The vote taken on said Resolution, the result being as follows:
AYES NAYS
COMMONWEALTH OF KENTUCKY SS:
INCORPORATED CITY OF HENDERSON
I, ------, City Clerk of HENDERSON certify that the foregoing is a true copy of the Order above. Given under my hand and seal of office this the day of ------, 2018.
SIGNED ------CLERK OF HENDERSON
Page 8 of8 City Commission Memorandum 18-100
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager /J4 • SUBJECT: Lease of Property to Allstate Tower, Inc.
The accompanying municipal order authorizes a lease between Henderson Municipal Power and Light (HMPL), the City of Henderson, and Allstate Tower, Inc. for use of property located on the north side of Fifth Street and adjacent to and on the west side of Canoe Creek, and authorizing the Mayor to execute the same on behalf of the City.
The property will be used for parking of equipment and storage of materials. The lease is for a five-year term beginning the date signed and shall be automatically renewed for an additional one (1) year period, unless notice of intention not to renew is provided by either party not less than one hundred and twenty (120) days prior to the expiration of the initial term or any renewal term. The annual lease amount is $3000.00.
Your approval of the attached municipal order is requested.
c: Dawn Kelsey Chris Heimgartner MAITHEWG. BEVIN CHARLES G. SNAVELY GOVERNOR SECRETARY
ENERGY AND ENVIRONMENT CABINET DEPARTMENT FOR ENVIRONMENTAL PROTECTION AARON B. KEATLEY COMMISSIONER
300 SOWER BoULEVARD FRANKFORT, KENTUCKY 40601 STREAM CONSTRUCTION PERMIT For Construction In Or Along A Stream
Issued to: Henderson Municipal Power & Light Permit expires on Address: 100 5th St April 19, 2019 Henderson, KY 42420
Permit No. 27731P AI: 47731
In accordance with KRS 151.250 and KRS 151.260, the Energy and Environment Cabinet approves the application dated April 16, 2018 for storage of assembled cell towers and other raw steel material in the right descending floodplain of North Fork Canoe Creek, RMI 2.4, with coordinates 37.8392, -87.573158, in the City of Henderson, Henderson County .. There shall be no deviation from the plans and specifications submitted and hereby approved unless the proposed change shall first have been submitted to and approved in writing by the Cabinet. This approval is subject to the attached limitations. Please read these limitations carefully! If you are unable to adhere to these limitations for any reason, please contact this office prior to construction. This permit is valid from the standpoint of stream obstruction only. Issuance of this permit does not relieve the permittee from the responsibility of obtaining any other permits or licenses required by this Cabinet and other state, federal and local agencies. Specifically if the project involves work in a stream, such as bank stabilization, dredging, relocation, or in designated wetlands, a 401 Water Quality Certification from the Division of Water will be required. · This permit is nontransferable and is not valid unless actual construction of this authorized work is begun prior to the expiration date noted above. Any violation of the Water Resources Act of 1966 as amended is subject to penalties as set forth in KRS 151.990. If you have any questions regarding this permit, please call Mr. Ross Bishop at 502-782-6891. Issued April 19, 2018.
Ron Dutta, P.E., Supervisor Floodplain Management Section Surface Water Permit Branch Division of Water
RD/RB/rd pc: Madisonville Regional Office Brian Bishop - City of Henderson/Henderson County Floodplain Coordinator Chris Heimgartner, City of Henderson File
KentuckyU n bridledS pirit.com An Equal Opportunity Employer M/F/D Stream Construction Permit City of Henderson Central Garage Facility Requirements Permit Number: 27731 P Activity ID No.:APE20180001
Page I of2
STRCOOOOOOOOll (Al: 47731 - Storage) storage of assembled cell towers and other raw steel material in the right descending floodplain of North Fork Canoe Creek, RMI 2.4, with coordinates 37.8392, -87.573158, in the City of Henderson, Henderson County.. : Submittal/Action Requirements:
Condition No. Condition S-1 Henderson Municpal Power & Light/ The City of Henderson must submit final construction report within 90 days after completion of construction. Henderson Municpal Power & Light/ The City of Henderson must certify, in writing, that the project has been completed in accordance with the approved plans and specifications. A Final Construction Report Form is enclosed. [401 KAR 4:060 Section 6)
Narrative Requirements:
Condition No. Condition
T-1 The issuance of this permit by the cabinet does not convey any property rights of any kind or any exclusive privilege. [KRS 151.250 & 401 KAR 4:060]
T-2 This permit is issued from the standpoint of stream obstruction only and does not constitute certification of any other aspect of the proposed construction. The applicant is liable for any damage resulting from the construction, operation, or maintenance of this project. This permit has been issued under the provisions of KRS Chapter 151.250 and regulations promulgated pursuant thereto. Issuance of this permit does not relieve the permittee from the responsibility of obtaining any other permits or licenses required by this Cabinet and other state, federal and local agencies. [KRS 151.250] T-3 A copy of this permit must be available at the construction site. [KRS 151.250]
T-4 Any work performed by or for Henderson Municpal Power & Light/ The City of Henderson that does not fully conform to the submitted application or drawings and the limitations set forth in this permit, is subject to partial or total removal and enforcement actions pursuant to KRS 151.280 as directed by the Kentucky Department for Environmental Protection. [KRS 151.280] T-5 Any design changes or amendments to the approved plans must be submitted to the Division of Water and approved in writing prior to implementation. [KRS 151.250]
T-6 At no point below the base flood elevation 387. 7 feet (NAVD 88) shall the use of construction materials or the permanent storage of materials subject to flood damage be allowed. [401 KAR 4:060] T-7 No portion of the structure shall encroach within 220 feet, measured perpendicularly from the center of the North Fork Canoe Creek. [40 I KAR 4 :060 Section 5] Stream Construction Permit City of Henderson Central Garage Facility Requirements Pennit Number: 2773 lP Activity ID No.:APE20180001
Page 2 of2
STRCOOOOOOOOll (AI: 47731 - Storage) storage of assembled cell towers and other raw steel material in the right descending floodplain of North Fork Canoe Creek, RMI 2.4, with coordinates 37.8392, -87.573158, in the City of Henderson, Henderson County.. : Narrative Requirements:
Condition No. Condition
T-8 Henderson Municpal Power & Light/ The City of Henderson or any successor shall maintain the storage area in good condition and keep it free of drift and debris at all times. [401 KAR 4:060 Section 3(1), KRS 151.250] T-9 It is the intent of this permit that no fill be placed within the limits of the designated floodway. The floodway limits are detennined by the Federal Insurance Administration of the Federal Emergency Management Agency (FEMA), and shown on the Flood Boundary and Floodway Map included in the Flood Insurance Study for The City of Henderson dated September 29, 2017. Copies of the Flood Insurance Study are on file with the Division of Water, and the Federal Insurance Administration in Atlanta, Georgia. [401 KAR 4:060 Section 4(1 )] T-10 Erosion prevention measures, sediment control measures, and other site management practices shall be designed, installed, and maintained in an effective operating condition to prevent migration of sediment off site. [KRS 224. 70-110] T-11 To avoid secondary adverse impacts, all materials used shall be stable and inert, free from pollutants and floatable objects, and shall meet all appropriate engineering standards. (Inert here means materials that are not chemically reactive and that will not rot or decompose, such as soil, rock, broken concrete or similar materials.). [401 KAR 4:060 Section 7] T-12 All debris and excess material shall be removed for disposal outside of the base floodplain. [401 KAR 4 :060]
T-13 Upon completion of construction all disturbed areas shall be seeded and mulched or otherwise stabilized to prevent erosion. [401 KAR 4:060]
T-14 The existing stream flow shall be maintained at all times during construction using standard flow diversion or pump around methods. Cofferdams or other structures placed in the stream shall be removed immediately if adverse flooding conditions result or if a flooding event is imminent. [401 KAR 4 :060 Section 4 J MUNICIPAL ORDER ---
MUNICIPAL ORDER AUTHORIZING LEASE BETWEEN THE CITY OF HENDERSON UTILITY COMMISSION, d/b/a HENDERSON MUNICIPAL POWER & LIGHT ("HMPL") AND CITY OF HENDERSON ("CITY") AND ALLSTATE TOWER, INC. FOR 1.754 ACRES MORE OR LESS OF PROPERTY LOCATED ON THE NORTH SIDE OF FIFTH STREET AND ADJACENT TO AND ON THE WEST SIDE OF CANOE CREEK;AND AUTHORIZING MAYOR TO EXECUTE SAME ON BEHALF OF CITY
WHEREAS, the City of Henderson Utility Commission d/b/a Henderson Municipal Power & Light ("HMPL") and City of Henderson ("City") and Allstate Tower, Inc. desire to enter into a Lease Agreement (a copy of which is attached hereto) for 1. 754 acres more or less, located on the north side of Fifth Street adjacent to and on the west side of Canoe Creek that "HMPL" and the "City" are currently not using; and;
WHEREAS, Allstate Tower desires to lease the specified property for parking and storing of equipment; and
WHEREAS, "HMPL", the "City" and Allstate Inc. have agreed to the terms of the attached Lease Agreement; and the City recommends approval of the lease.
NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the attached Lease Agreement between "HMPL", the "City" and Allstate Inc. for the lease of 1. 754 acres more or less of property, is hereby approved, and the Mayor is authorized to execute the lease on behalf of the City.
On motion of Commissioner , seconded by Commissioner ______, that the foregoing Municipal Order be adopted, the vote was called. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the __ day of May, 2018.
Steve Austin, Mayor ATTEST: Date: ------
Maree Collins, City Clerk APPROVED AS TO FORM AND LEGALITY THIS//; DAY OF MAY, 2018.
By: PROPERTY LEASE
THIS PROPERTY LEASE is made and entered into as of the _ day of May , 2018, by and between The City of Henderson Utility Commission, d/b/a Henderson Municipal Power & Light
("HMP&L") and CITY OF HENDERSON, KENTUCKY, of P.O. Box 716, Henderson, Kentucky
42420 ("City"), (hereinafter referred to as "Lessors"), and Allstate Tower, Inc., 232 Heilman Avenue,
Henderson, Kentucky 42420 (hereinafter referred to as "Lessee").
WITNESSETH:
WHEREAS, Lessors are the owners ofland situated on the north side of Fifth Street and adjacent to and on the west side of Canoe Creek in Henderson County, Kentucky, as being more particularly described on Exhibit A attached hereto; and
WHEREAS, Lessors' tract of land has certain open lands suitable for parking of equipment and storage of materials which are not occupied or utilized by HMP&L's electric distribution facilities or
City's public works; and
WHEREAS, Lessee desires to lease a specified 1. 7 54 acreage, more or less, of said property, for
Allstate Tower's use for parking of Allstate Tower equipment and storage of Allstate Tower materials.
NOW, THEREFORE, in consideration of the mutual premises hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
(A) Term
For the consideration set forth in paragraph (B) hereof, Lessors do hereby lease to Lessee approximately 1.754 acres, more or less, for equipment and materials storage for a term of sixty (60) months beginning on May __, 2018 and ending on April 30, 2023, and from year-to-year thereafter unless terminated by either the Lessors or the Lessee by giving the other party written notice of such intention to terminate at least one hundred and twenty (120) days prior to the end of the existing term of the Lease or any extension periods of the Lease.
TERMINATION: Either party may terminate this agreement at any time with a 365 days notice, in writing to the other party.
(B) Rent
Lessee, in consideration of the Lease, agrees to pay to the Lessor (Henderson Municipal Power
& Light) in cash or certified funds the sum of three thousand dollars ($3,000) per annum, the payment of which is due upon the execution of this Lease and on the first day of April of all succeeding years during which the lease term continues.
(C) Use of premises
The premises are to be used by Lessee only for the parking of Lessee's equipment and storage of
Lessee's materials. The premises will not be used for any other purpose. The Lessee shall use the premises in such manner as to protect the property from any damage or destruction resulting from
Lessee's storage activities. All parties to this agreement will have unencumbered access to the leased property. Two gates will be installed with key access for HMP&L, City, and the Lessee. The area adjacent to the fuel vault will be kept clear to facilitate occasional fueling. The area fronting the North
Fork of Canoe Creek will be kept free and clear to facilitate periodic mowing or other maintenance activity. Lessee shall be responsible for all upkeep of the leased area, including, but not limited to maintaining the gravel parking area, repairing any damage caused by Lessee or their agents or assigns, and mowing any and all portions of the property, which need said care.
(D) Assignment
Lessee shall not take any of the following actions:
(1) Assign, transfer, or pledge this Lease, or any part of, or interest in the premises;
2 (2) Sublet the premises or any part thereof; or
(3) Permit the premises or any part thereof to be used by anyone other than Lessee for
the purposes as listed hereinabove.
(E) Waste
Lessee shall be responsible for restoring any damage or destruction occurring on or to the
premises, and shall not permit any waste upon the property.
(F) Nuisance
Lessee shall use the property in a careful and proper manner complying with all federal, state and
local laws, ordinances, and regulations relating to the possession and maintenance of the leased
premises, and shall not maintain or cause to be maintained any nuisance on the leased premises.
(G) Indemnification of Lessor
Lessee shall indemnify and hold Lessors harmless from and against all claims, actions,
proceedings, costs, damages, and liabilities, including attorney fees, including, but not limited to, any
damage caused by the release of pollutants or contaminants into the environment of the premises or
surrounding the premises and arising out of, connected with, or resulting from the occupancy, use, or
condition of the leased premises.
Lessee hereby affirms their understanding that this property is adjacent to a water way and is in a flood way. This area has a history of flooding, and if said event occurs, Lessee shall indemnify and hold Lessors harmless from and against all claims, actions, proceedings, costs, damages, and liabilities, including attorney fees, for damage caused to their property, materials, or their agents, employees, or guests with similar claims of damage. The Lessee, hereby affirms its understanding that this property is in a flood way, and accepts it as is, with no warranty of any kind, including, but not limited, its intended use.
3 (H) Lease as entire agreement
This Lease contains the entire understanding of the parties and shall not be modified except by an instrument in writing executed by each party. IN WITNESS WHEREOF, each party has caused this
Lease to be executed this_ day of May, 2018.
LESSORS:
CITY OF HENDERSON, KY UTILITY COMMISSION d/b/a HENDERSON MUNICIPAL POWER & LIGHT
By: ------Chris Heimgartner, General Manager
CITY OF HENDERSON, KENTUCKY
By ______Steve Austin, Mayor
ATTEST:
By: ______Maree Collins, City Clerk
LESSEE:
ALLSTATE TOWER, INC.
By: ------P. Keegan O'Daniel, President
COMMONWEALTH OF KENTUCKY COUNTY OF HENDERSON
The foregoing instrument was acknowledged before me this __ day of May, 2018, by Chris Heimgartner, General Manager, of the City of Henderson, Kentucky Utility Commission, d/b/a Henderson Municipal Power & Light, Lessor.
Notary Public My commission expires: ______
4 STATE OF KENTUCKY COUNTY OF HENDERSON ... SCT.
The foregoing Deed and Certification of Consideration was subscribed, sworn to, and acknowledged before me by Steve Austin, Mayor, of City of Henderson, Kentucky and Maree Collins, City Clerk, on this the day of , 2018.
Notary Public, State at Large My commission expires: ______
COMMONWEALTH OF KENTUCKY COUNTY OF HENDERSON
The foregoing instrument was acknowledged before me this __ day of May, 2018, by Allstate Tower, Lessee.
Notary Public My commission expires: ______
5 Exhibit A
A certain tract of ground located in Henderson, Kentucky on the north side of Fifth Street and adjacent to and on the west side of Canoe Creek and further described as follows: Beginning in the north line of Fifth Street 442.66 feet S 65° 55'E, of Gibbs tract and 162.00 feet east of a fence to the City Garage. Thence with the City of Henderson remainder tract, N 24° 05' E, 200.00 feet and S 65° 55' E, 122.00 feet to the center of Canoe Creek; thence with the center of Canoe Creek, S 16° 06' 49" W, 201.95 feet to the north R/W of 5th Street, 40.00 feet from the center of same; thence with 5th Street N 65° 55' W, 150.00 feet to the point of beginning; and additional property extending from this point to a line designated to be within 30 feet of the back of the building adjacent to the parcel (37°50'20" - 87°34'24") towards the fence fronting Fifth Street. The demarcation between the parties will be suitable visual markers on the boundaries of the property.
6 06/17/2813 16: 46 2708311246 CITY CF ~ PAGE 82/82
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J.ftr'.::'}·. .:: .·- SURVEY PLAr · · ·-=::1t~·...... • .;,;·. ·:·. : · A PORTION OF CITY TRACT ON 5 t h STREET , !.iENO ERSON', KY :.;.;'t-f ' ' ~ ·· ·. FOR:· HENDERSON MUNICIPAL LIGHT PIANT •. . •':·, -~. ·: . . "...... · . . DESCRIPTION: A .certain tract of ground lo.cated in Henderso~, Kentucky ·on th~ north . ~ '~~ ot 5th Street.1 and adJacerrt:!" to ~d Of\ the west side of Canoe Creek and t~yier described as -tollow11 :. Beginning in the north line of 5th Street 442. 66 ~et s 650 SS'E, of G,lbbs tract and 162 . 00 feet ~ast of a fence to the City Garaqe. Thence with the city of -jenderson rematn(Jer tract, N 24°0s'E, 200.00 feet and S 6s0 ss'E, 122.00 feet .to the -~~1-r:o f Ca noe. Creek; ·· Thepce with the center of Canoe Creek, S 16°0"6' 49 "~, 201. 95 feE to .th! north RJ\Y of -5th Sp-eet, 40. 00 feet from the center of same; Thence wi.th Sth Stt:eet "f.t:·s~ 5 5 ·w ; ISO • 00 feet to the point of be9inn!n9 and contains O. 624 acre.s. . . ;· :#M>::-:··, . ., . . . .. , . '.· :
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City Commission Memorandum 18-102
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager pd ~ SUBJECT: Purchase of Road Salt
The accompanying municipal order approves the purchase of road salt for use during the upcoming 2018-2019 winter from Morton Salt, Inc., Chicago, Illinois in the amount of $92.00 per ton.
The memorandum with attachment from Ms. Dawn Winn, Assistant Finance Director, indicates that this is the City's fourth year participating in the reverse auction and that five major salt suppliers submitted bids to numerous Kentucky cities and counties. The City elected to solicit bids for 300 tons of road salt.
Morton Salt, Inc. was the low bidder for the City at $92.00 per ton delivered. This is higher than the price of $59.60 per ton paid last year. This higher cost can be associated with expected higher gas prices and supplier shortages.
Adequate funds are budgeted and available for this purpose. Your approval of the attached municipal order is requested.
c: Brian Williams Dawn Winn FINANCE DEPARTMENT MEMORANDUM 18-07
May 16, 2018
TO: Russell Sights, City Manager
FROM: Dawn Winn, Assistant Finance Director
SUBJECT: 2018 Reverse Auction for Road Salt
KLC in partnership with KACO hosted an online reverse auction to price road salt for use during the upcoming 2018-2019 winter. Five major salt suppliers submitted bids to numerous Kentucky cities and counties that participated. There was no cost to municipalities to participate. This was the fourth year that the City participated in the reverse auction process for road salt.
The City elected to participate (solicit bids) for 300 tons of road salt. The reverse auction for our district was held on May 9th. Morton Salt was the low bid for the City of Henderson at $92.00/ton delivered. The price paid by the City last year was $59.60 per ton. This year's higher price can be associated with the expected higher gas prices (gas futures) and the supplier shortages experienced last year.
Assuming a normal winter, the purchase of 300 tons of road salt combined with our current inventory should give the City an adequate supply for next winter. The City is not obligated to purchase any minimum tonnage.
Acceptance of Morton Salt bid of $92.00 per ton for 300 tons of road salt 1s recommended.
DawnM. Winn
Cc: Robert Gunter, Finance Director Brian Williams, Public Works Director Lot# 1: Breckinridge County, 40143 QUANTITY: 400 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: ------This is the lowest bid you placed during the real time reverse auction.
Lot# 2: Butler County, 42261 QUANTITY: 100 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: ------This is the lowest bid you placed during the real time reverse auction.
Lot# 3: Caldwell County, 42445 QUANTITY: 1000 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: ------This is the lowest bid you placed during the real time reverse auction.
Lot# 4: Christian County, 42240 QUANTITY: 1000 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: ------This is the lowest bid you placed during the real time reverse auction.
Lot# 5: City of Cadiz, 42211 QUANTITY: 100 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: ------This is the lowest bid you placed during the real time reverse auction.
Lot# 6: City of Eminence, 40019 QUANTITY: 150 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: ------This is the lowest bid you placed during the real time reverse auction.
Lot# 7: City of Hardinsburg, 40143 QUANTITY: 125 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: ------This is the lowest bid you placed during the real time reverse auction.
Lot# 8: City of Henderson, 42419 QUANTITY: 300 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: $92.00 This is the lowest bid you placed during the real time reverse auction.
Lot# 9: City of Letchfield, 42755 QUANTITY: 100 Tons road salt (estimated, DELIVERED AS NEEDED) PRICE: ------This is the lowest bid you placed during the real time reverse auction. MUNICIPAL ORDER. ----
MUNICIPAL ORDER AWARDING BID FOR PURCHASE OF THREE HUNDRED (300) TONS OF ROAD SALT FOR THE 2018-2019 WINTER FROM MORTON SALT, INC., CHICAGO, ILLINOIS, IN THE AMOUNT OF $92.00 PER TON
WHEREAS, the Kentucky League of Cities (KLC) in partnership with Kentucky Association of Counties (KACO) hosted a reverse auction pursuant to model procurement code to price road salt for the upcoming 2018-2019 winter; and
WHEREAS, the City is a member of the KLC and elected to participate in the reverse auction which was held on May 9, 2018, with Morton Salt, Inc., submitting the best bidwhich bid the City Manager recommends be accepted; and
WHEREAS, KRS 45A.420 of the Model Procurement Code permits cooperative purchasing by local agencies.
NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the purchase of three hundred (300) tons ofroad salt from Morton Salt, Inc., 444 West Lake Street, Suite 3000, Chicago, IL 60606 at $92.00 per ton delivered is approved.
On motion of Commissioner , seconded by Commissioner ______, that the foregoing Municipal Order be adopted, the vote was called. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the __ day of May, 2018.
Steve Austin, Mayor ATTEST: Date: ------
Maree Collins, City Clerk
APPROVED AS TO FORM AND LEGALITY THIS DAY oy MAY, 201~r,,_) ,,/ ·1 : /J : ... '7 ? LL>"'~ ~ / By: 74,, ,,,fw7(~,,/J, ,e:.{:U:~1/~ tDawn s. Kelse~.. // City Attorney '·· v City Commission Memorandum 18-103
May 18, 2018
TO: Mayor Steve Austin and the Board of Commissioners
FROM: Russell R. Sights, City Manager ;iJ- ./ SUBJECT: Finance Contract of Body Cameras/In-Car Video Cameras
The accompanying municipal order authorizes a contract between the City Of Henderson and Kansas StateBank of Manhattan, Kansas to finance 50 body-worn cameras and 40 in-car video cameras and authorizes the Mayor to execute the contract on behalf of the City.
At the March 13, 2018 meeting, approval of this purchase for the Henderson Police Department in the amount of $429,000.00 to be paid over a five year period was awarded. This financing contract completes the purchase transaction.
This is a non-budgeted purchase and funds will come from the General Fund Reserves and will be included in the end-of-year budget appropriation amendment.
c: Jason Hargitt Robert Gunter Dawn Winn MUNICIPAL ORDER ---
MUNICIPAL ORDER AUTHORIZING CONTRACT BETWEEN THE CITY OF HENDERSON AND KANSAS STATEBANK OF ivfANHATTAN, KANSAS TO FINANCE THE 50 BODY- WORN CAMERAS AND 40 IN CAR VIDEO CAMERAS; AND AUTHORIZING MAYOR TO EXECUTE CONTRACT ON BEHALF OF CITY
WHEREAS, on March 13, 2018, per bid reference 18-04 the City purchased 50 body worn cameras and 40 in-car cameras from Utility Associates, Inc of Decatur, GA in the amount of $429,000.00 for a five (5) year cost; and
WHEREAS, the City has determined it is in the best interest ofthe City to enter into a contract with Kansas State Bank of Manhattan, Kansas ( a copy which is attached hereto) in order to finance the $429,00.00; and
WHEREAS, the City Manager recommends accepting the contract with Kansas StateBank.
NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the attached contract with Kansas StateBank, 2627 KFB Plaza Ste 202E, Manhanttan, Kansas is accepted, and the Mayor, or his designated representative, are authorized to execute the contract on behalf of the City.
On motion of Commissioner , seconded by Commissioner ______, that the foregoing Municipal Order be adopted, the vote was called. On roll call the vote stood:
Commissioner Pruitt: Commissioner Staton: --- Commissioner Bugg: Mayor Austin: Commissioner Vowels:
INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the __ day of May, 2018.
Steve Austin, Mayor ATTEST: Date: ------
Maree Collins, City Clerk
APPROVED AS TO FORM AND LEGALITY THIS .J.1_ DAY OF MAY, 2018. . /r~,\
By: Dawn S. Keisey City Attorney SFP Non-App BQ VPA GOVERNMENT OBLIGATION CONTRACT
Obligor Obligee City of Henderson, Kentucky KS StateBank 222 First Street 1010 Westloop; P.O. Box 69 Henderson, Kentucky 42420 Manhattan, Kansas 66505-0069
Dated as of May 10, 2018
This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described in Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below.
I. Definitions Section 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Additional Schedule" refers to the proper execution of additional schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by the Obligee all of which relate to the financing of additional Equipment. "Budget Year" means the Obligor's fiscal year. "Commencement Date" is the date when Obligor's obligation to pay Contract Payments begins. "Contract" means this Government Obligation Contract and all Exhibits attached hereto, all addenda, modifications, schedules, refinancings, guarantees and all documents relied upon by Obligee prior to execution of this Contract. "Contract Payments" means the payments Obligor is required to make under this Contract as set forth on Exhibit B. "Contract Term" means the Original Term and all Renewal Terms. "Exhibit" includes the Exhibits attached hereto, and any" Additional Schedule", whether now existing or subsequently created. "Equipment" means all of the items of Equipment listed on Exhibit A and any Additional Schedule, whether now existing or subsequently created, and all replacements, restorations, modifications and improvements. "Government" as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended ("Code"), or a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning a/Treasury Regulation 1.103-l(b), or a qualified volunteer fire company within the meaning of section lSO(e)(l) of the Code. "Obligee" means the entity originally listed above as Obligee or any of its assignees. "Obligor" means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract. "Original Term" means the period from the Commencement Date until the end of the Budget Year of Obligor. "Partial Prepayment Date" means the first Contract Payment date that occurs on or after the earlier of (a) the twenty-four month (24) anniversary of the Commencement Date or (b) the date on which Obligor has accepted all the Equipment and all amounts have been disbursed from the Vendor Payable Account to pay for the Equipment. "Purchase Price" means the total cost of the Equipment, including all delivery charges, installation charges, legal fees, financing costs, recording and filing fees and other costs necessary to vest full, clear legal title to the Equipment in Obligor, subject to the security interest granted to and retained by Obligee as set forth in this Contract, and otherwise incurred in connection with the financing of this Equipment. "Renewal Term" means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number of Budget Years necessary to comprise the Contract Term. "State" means the state in which Obligor is located. "Surplus Amount" means any amount on deposit in the Vendor Payable Account on the Partial Prepayment Date. "Vendor Payable Account" means the separate account of that name established pursuant to Section X of this Contract.
II. Obliger Warranties Section 2.01 Obligor represents, warrants and covenants as follows for the benefit of Obligee or its assignees: (a) Obligor is an "issuer of tax exempt obligations" because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the "Code") or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-l(b), or a qualified volunteer fire company within the meaning of section lSO(e)(l) of the Code. (b) Obligor has complied with any requirement for a referendum and/or competitive bidding. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract; Obligor, and its officer executing this Contract, are authorized under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the Obligor in accordance with its terms. (d) Obligor shall use the Equipment only for essential, traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental purposes, or should the Obligor cease to be an issuer of tax exempt obligations, or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for any reason, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. (f) Obligor has never non-appropriated funds under a contract similar to this Contract. (g) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (h) Upon request by Obligee, Obligor will provide Obligee with current financial statements, reports, budgets or other relevant fiscal information. (i) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented. (j) Obligor hereby warrants the General Fund of the Obligor is the primary source of funds or a backup source of funds from which the Contract Payments will be made. (k) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. (I) Obligor has selected both the Equipment and the vendor(s) from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer, merchant, vendor or distributor, or agent thereof, of such equipment to the public. (m) Obligor owns free and clear of any liens any additional collateral pledged, subject only to the lien described herein; Obligor has not and will not, during the ContractTerm, create, permit, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment and any additional collateral except those created by this Contract. Section 2.02 Escrow Agreement. In the event both Obligee and Obligor mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Contract, Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A, which shall be held, invested and disbursed in accordance with the Escrow Agreement.
Ill. Acquisition of Equipment, Contract Payments and the Purchase Option Price Section 3.01 Acquisition and Acceptance. Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. The Payment Request and Equipment Acceptance Form must be signed by the same authorized individual(s) who signed the Signature Card, Exhibit G. By making a Contract Payment after its receipt of the Equipment pursuant to this Contract, Obligor shall be deemed to have accepted the Equipment on the date of such Contract Payment for purposes of this Contract. All Contract Payments paid prior to delivery of the Payment Request and Equipment Acceptance Form shall be credited to Contract Payments as they become due as shown on the Contract Payment Schedule attached as Exhibit B hereto. Section 3.02 Contract Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments shall constitute a current expense of the Obligor and shall not constitute an indebtedness of the Obligor. The Contract Payments, payable without notice or demand, are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s) were late, plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s) were late. Obligee shall also have the option, on monthly payments only, to charge a late fee of up to 10% of the monthly Contract Payment that is past due. Furthermore, Obliger agrees to pay any fees associated with the use of a payment system other than check, wire transfer, or ACH. Once all amounts due Obligee hereunder have been received, Obligee will release any and all of its rights, title and interest in the Equipment. SECTION 3.03 CONTRACT PAYMENTS UNCONDITIONAL. Except as provided under Section 4.01,THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF, OR SUBJECT TO DEFENSE OR COUNTERCLAIM. Section 3.04 Purchase Option Price. Upon thirty (30) days written notice, Obligor shall have the option to pay, in addition to the Contract Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option is only available to the Obliger on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights, title and interest in the Equipment to Obliger. Section 3.05 Contract Term. The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.01 below. If, after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term, Obliger has not non-appropriated as provided for in this Contract then the Contract Term shall be extended into the next Renewal Term and the Obliger shall be obligated to make all the Contract Payments that come due during such Renewal Term. Section 3.06 Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE IS NOT A MANUFACTURER, SELLER, VENDOR OR DISTRIBUTOR, OR AGENT THEREOF, OF SUCH EQUIPMENT; NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC. OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR.
IV. Non-Appropriation Section 4.01 Non-Appropriation. If insufficient funds are available in Obligor's budget for the next Budget Year to make the Contract Payments for the next Renewal Term and the funds to make such Contract Payments are otherwise unavailable by any lawful means whatsoever, then Obliger may non-appropriate the funds to pay the Contract Payments for the next Renewal Term. Such non-appropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Obligor specifically prohibiting Obligor from performing its obligations under this Contract and from using any moneys to pay the Contract Payments due under this Contract for a designated Budget Year and all subsequent Budget Years. If Obligor non-appropriates, then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Obligor of any kind provided that if Obligor has not delivered possession of the Equipment to Obligee as provided herein and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid, the termination shall nevertheless be effective but Obligor shall be responsible forthe payment of damages in an amount equal to the amount of the Contract Payments thereafter coming due under Exhibit B which are attributable to the number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of Obligor's failure to take such actions as required. Obliger shall immediately notify the Obligee as soon as the decision to non-appropriate is made. If such non-appropriation occurs, then Obliger shall deliver the Equipment to Obligee as provided below in Section 9.04. Obliger shall be liable for all damage to the Equipment other than normal wear and tear. If Obliger fails to deliver the Equipment to Obligee, then Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for costs incurred.
V. Insurance, Damage, Insufficiency of Proceeds Section 5.01 Insurance. Obligor shall maintain both property insurance and liability insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obliger is required to make Contract Payments. Obligor shall provide Obligee with a Certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Obliger shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Obliger may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) Obligor may self-insure against the casualty risks and liability risks described above. If Obliger chooses this option, Obligor must furnish Obligee with a certificate and/or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. Obliger shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term. Section 5.02 Damage to or Destruction of Equipment. Obliger assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds. At the option of Obligee, Obligor shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03 Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Obliger shall, at the option of Obligee, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Obligee. Section 5.04 Obliger Negligence. Obliger assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obliger or of third parties, and whether such property damage be to Obliger's property or the property ofothers (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Obliger), which is proximately caused by the negligent conduct of Obliger, its officers, employees and agents. Section 5.05 Reimbursement. Obliger hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys' fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Obligee that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Obliger, its officers, employees and agents, or arose out of installation, operation, possession, storage or use of any item of the Equipment, to the maximum extent permitted by law.
VI. Title and Security Interest Section 6.01 Title. Title to the Equipment shall vest in Obligor when Obliger acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee in the event Obligor non-appropriates under Section 4.01 or in the event Obliger defaults under Section 9.01. In such event, Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee. Section 6.02 Security Interest. To secure the payment of all Obligor's obligations under this Contract, as well as all other obligations, debts and liabilities, plus interest thereon, whether now existing or subsequently created, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit A. Furthermore, Obliger agrees that any other collateral securing any other obligation(s) to Obligee, whether offered prior to or subsequent hereto, also secures this obligation. The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the security interest created hereunder. Obligor agrees that any Equipment listed on Exhibit A is and will remain personal property and will not be considered a fixture even if attached to real property.
VII. Assignment Section 7.01 Assignment by Obligee. All of Obligee's rights, title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub assignees by Obligee at any time without the consent of Obliger. No such assignment shall be effective as against Obliger until the assignor shall have filed with Obliger written notice of assignment identifying the assignee. Obliger shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments. Section 7.02 Assignment by Obligor. None of Obligor's right, title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation.
VIII. Maintenance of Equipment Section 8.01 Equipment. Obliger shall keep the Equipment in good repair and working order, and as required by manufacturer's and warranty specifications. If Equipment consists of copiers, Obliger is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Obliger will be liable for all damage to the Equipment, other than normal wear and tear, caused by Obliger, its employees or its agents. Obliger shall pay for and obtain all permits, licenses and taxes related to the ownership, installation, operation, possession, storage or use of the Equipment. If the Equipment includes any titled vehicle(s), then Obliger is responsible for obtaining such title(s) from the State and also for ensuring that Obligee is listed as First lien holder on all of the title(s). Obliger shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Obliger agrees that Obligee or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obliger which Obligee deems necessary or appropriate to protect Obligee's interest in the Equipment and in this Contract. Obliger shall allow Obligee to examine and inspect the Equipment at all reasonable times.
IX. Default Section 9.01 Events of Default defined. The following events shall constitute an "Event of Default" under this Contract: (a) Failure by Obliger to pay any Contract Payment listed on Exhibit B for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit B. (b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Obligee that such payment must be made. If Obliger continues to fail to pay any payment after such period, then Obligee may, but will not be obligated to, make such payments and charge Obliger for all costs incurred plus interest at the highest lawful rate. (c) Failure by Obliger to observe and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days after written notice specifying such failure is given to Obliger by Obligee, unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obliger. Subsection (c) does not apply to Contract Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Obliger in or pursuant to this Contract which proves to be false, incorrect or misleading on the date when made regardless of Obliger's intent and which materially adversely affects the rights or security of Obligee under this Contract. (e) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (f) Except as provided in Section 4.01 above, Obligor admits in writing its inability to pay its obligations. (g) Obligor defaults on one or more of its other obligations. (h) Obliger becomes insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of creditors, applies for or consents to the appointment of a receiver, trustee, conservator, custodian, or liquidator of Obliger, or all or substantially all of its assets, or a petition for relief is filed by Obliger under federal bankruptcy, insolvency or similar laws, or is filed against Obligor and is not dismissed within thirty (30) days thereafter. Section 9.02 Remedies on Default. Whenever any Event of Default exists, Obligee shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Contract, Obligee may declare all Contract Payments and other amounts payable by Obliger hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Contract, Obligee may require Obliger at Obliger's expense to redeliver any or all of the Equipment and any additional collateral to Obligee as provided below in Section 9.04. Such delivery shall take place within fifteen (15) days after the Event of Default occurs. If Obliger fails to deliver the Equipment and any additional collateral, Obligee may enter the premises where the Equipment and any additional collateral is located and take possession of the Equipment and any additional collateral and charge Obliger for costs incurred. Notwithstanding that Obligee has taken possession of the Equipment and any additional collateral, Obliger shall still be obligated to pay the remaining Contract Payments due up until the end of the then current Original Term or Renewal Term. Obligor will be liable for any damage to the Equipment and any additional collateral caused by Obliger or its employees or agents. (c) Obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Obliger shall be responsible to Obligee for all costs incurred by Obligee in the enforcement of its rights under this Contract including, but not limited to, reasonable attorney fees. Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9.04 Return of Equipment and Storage. (a) Surrender: The Obliger shall, at its own expense, surrender the Equipment, any additional collateral and all required documentation to evidence transfer of title from Obligor to the Obligee in the event of a default or a non-appropriation by delivering the Equipment and any additional collateral to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment and any additional collateral consists of software, Obliger shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software. At Obligee's request, Obliger shall also certify in a form acceptable to Obligee that Obliger has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obliger's locations to verify compliance with the terms hereto. (b) Delivery: The Equipment and any additional collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment and any additional collateral is delivered into the custody of a common carrier, the Obliger shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee's instructions and at the Obliger's sole expense. Obliger at its expense shall completely sever and disconnect the Equipment and any additional collateral or its component parts from the Obligor's property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any additional collateral and all of the component parts of the Equipment and any additional collateral carefully and in accordance with any recommendations of the manufacturer. The Obliger shall deliver to the Obligee the plans, specifications, operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and any additional collateral and such other documents in the Obliger's possession relating to the maintenance and methods of operation of such Equipment and any additional collateral. (c) Condition: When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens. If Obligee reasonably determines that the Equipment or an item of the Equipment, once it is returned, is not in the condition required hereby, Obligee may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Obliger shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage: Upon written request by the Obligee, the Obliger shall provide free storage forthe Equipment and any additional collateral for a period not to exceed 60 days after the expiration of the Contract Term before returning it to the Obligee. The Obliger shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obliger on demand for the incremental premium cost of providing such insurance.
X. Vendor Payable Account Section 10.01 Establishment of Vendor Payable Account. On the date that the Obligee executed this Contract, which is on or after the date that the Obligor executes this Contract, Obligee agrees to (i) make available to Obliger an amount sufficient to pay the total Purchase Price for the Equipment by establishing a separate, non-interest bearing account (the "Vendor Payable Account"), as agent for Obliger's account, with a financial institution that Obligee selects that is acceptable to Obliger (including Obligee or any of its affiliates) and (ii) to deposit an amount equal to such Purchase Price as reflected on Exhibit Bin the Vendor Payable Account. Obliger hereby further agrees to make the representations, warranties and covenants relating to the Vendor Payable Account as set forth in Exhibit C attached hereto. Upon Obliger's delivery to Obligee of a Payment Request and Equipment Acceptance Form in the form set forth in Exhibit F attached hereto, Obliger authorizes Obligee to withdraw funds from the Vendor Payable Account from time to time to pay the Purchase Price, or a portion thereof, for each item of Equipment as it is delivered to Obliger. The Payment Request and Equipment Acceptance Form must be signed by an authorized individual acting on behalf of Obligor. The authorized individual or individuals designated by the Obliger must sign the Signature Card which will be kept in the possession of the Obligee. Section 10.02 Down Payment. Prior to the disbursement of any funds from the Vendor Payable Account, the Obliger must either (1) deposit all the down payment funds that the Obligor has committed towards the purchase of the Equipment into the Vendor Payable Account or (2) Obliger must provide written verification to the satisfaction of the Obligee that all the down payment funds Obliger has committed towards the purchase of the Equipment have already been spent or are simultaneously being spent with the funds requested from the initial Payment Request and Equipment Acceptance Form. For purposes of this Section, the down payment funds committed towards the Equipment from the Obligor are the down payment funds that were represented to the Obligee at the time this transaction was submitted for credit approval by the Obligor to the Obligee. Section 10.03 Disbursement upon Non-Appropriation or Default. If an event of non-appropriation or default occurs prior to the Partial Prepayment Date, the amount then on deposit in the Vendor Payable Account shall be retained by the Obligee and Obliger will have no interest therein. Section 10.04 Surplus Amount. Any Surplus Amount then on deposit in the Vendor Payable Account on the Partial Prepayment Date shall be applied to pay on such Partial Prepayment Date a portion of the Purchase Option Price then applicable. Section 10.05 Recalculation of Contract Payments. Upon payment of a portion of the Purchase Option Price as provided in Section 10.04 above, each Contract Payment thereafter shall be reduced by an amount calculated by Obligee based upon a fraction the numerator of which is the Surplus Amount and the denominator of which is the Purchase Option Price on such Partial Prepayment Date. Within 15 days after such Partial Prepayment Date, Obligee shall provide to Obliger a revised Exhibit B to this Contract, which shall take into account such payment of a portion of the Purchase Option Price thereafter and shall be and become thereafter Exhibit B to this Contract. Notwithstanding any other provision of this Section 10, this Contract shall remain in full force and effect with respect to all or the portion of the Equipment accepted by Obligor as provided in this Contract, and the portion of the principal component of Contract Payments remaining unpaid after the Partial Prepayment Date plus accrued interest thereon shall remain payable in accordance with the terms of this Contract, including revised Exhibit B hereto which shall be binding and conclusive upon Obligee and Obliger.
XI. Miscellaneous Section 11.01 Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 11.02 Binding Effect. Obliger acknowledges this Contract ·,s not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction, and Obligee has executed the Contract. Thereafter, this Contract shall inure to the benefit of and shall be binding upon Obligee and Obliger and their respective successors and assigns. Section 11.03 Severability. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.04 Amendments, Addenda, Changes or Modifications. This Contract may be amended, added to, changed or modified by written agreement duly executed by Obligee and Obliger. Furthermore, Obligee reserves the right to directly charge or amortize into the remaining balance due from Obliger, a reasonable fee, to be determined at that time, as compensation to Obligee for the additional administrative expense resulting from such amendment, addenda, change or modification requested by Obliger. Section 11.05 Execution in Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.06 Captions. The captions or headings in this Contract do not define, limit or describe the scope or intent of any provisions or sections of this Contract. Section 11.07 Master Contract. This Contract can be utilized as a Master Contract. This means that the Obligee and the Obligor may agree to the financing of additional Equipment under this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by Obligee. Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each Additional Schedule. Section 11.08 Entire Writing. This Contract constitutes the entire writing between Obligee and Obligor. No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Contract, the Equipment or any additional collateral, financed hereunder. Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract.
Obligee and Obliger have caused this Contract to be executed in their names by their duly authorized representatives listed below.
City of Henderson, Kentucky KS StateBank
Marsha Jarvis, Senior Vice President Printed Name and Title Printed Name and Title Schedule (01)
EXHIBIT A
DESCRIPTION OF EQUIPMENT
RE: Government Obligation Contract dated as of May 10, 2018, between KS StateBank (Obligee) and City of Henderson, Kentucky (Obligor)
Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable:
Body Cameras and In-Car Cameras
Physical Address of Equipment after Delivery : _1_99_0_B_ar_r_et_C_o_u_r-'t,_H_e_n_d_e_rs_o_n~, _KY_4_24_2_0______Schedule (01)
EXHIBITS
PAYMENT SCHEDULE
RE: Government Obligation Contract dated as of May 10, 2018, between KS StateBank (Obligee) and City of Henderson, Kentucky (Obligor)
Date of First Payment: At Closing Original Balance: $389,689.52 Total Number of Payments: Five (5) Number of Payments Per Year: One (1)
Pmt Due Contract Applied to Applied to *Purchase No. Date Payment Interest Principal Option Price 1 At Closing $85,800.00 $0.00 $85,800.00 $315,374.77 2 10-May-19 $85,800.00 $0.00 $85,800.00 $240,518.27 3 10-May-20 $85,800.00 $0.00 $85,800.00 $163,064.25 4 10-May-21 $85,800.00 $0.00 $85,800.00 $82,922.58 5 10-May-22 $85,800.00 $0.00 $85,800.00 $0.00
By signing below, Obligor acknowledges that its obligation to make the Contract Payments set forth in Exhibit B to the Contract includes repayment of the principal amount of $429,000.00, together with interest at 0.00%.
Furthermore, the amount financed by Obligor is $389,689.52 and such amount is the issue price of this Contract for federal income tax purposes. The difference between the principal amount of this Contract and the issue price is original issue discount, as defined in section 1288 of the Internal Revenue Code of 1986, as amended. The yield of this Contract for federal income tax purposes is 5.050%. Such issue price and yield will be stated in the applicable Form 8038-G.
City of Henderson, Kentucky
Signature
Printed Name and Title
*Assumes all Contract Payments due to date are paid UPCOMING BOARD APPOINTMENTS
BOARD EXPIRATION DATE TERM
MUNICIPAL HOUSING COMMISSION
Current Term Expires
Holly Vincent 09/30/2017 4-Year
CIVIL SERVICE COMMISSION (Not more than two members from any one political party-currently 2 democrat, 1 republican)
Current Term Expires Term Gian Miller (republican) 06/01/2018 3-Year Susan Sauls ( democrat) 06/01/2018 3-Year
CITY-COUNTY PLANNING COMMISSION
Current Term Expires Term Mac Arnold 06/01/2018 4-Year
CODE ENFORCEMENT BOARD (These were first time original one-year appointments for new Board)
Current Term Expires Term LisaO'Nan 06/30/2018 3-Year Matt Calvert 06/30/2018 3-Year
HENDERSON-HENDERSON COUNTY HUMAN RIGHTS COMMISSION
Current Term Expires Term Rev. Charles Johnson 06/30/2018 3-Year Vanita Harvey 06/30/2018 3-Year
Meeting: 05/22/2018