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HomeMy WebLinkAboutCCMPacket2021-09-14CITY COMMISSION MEETING AGENDA FOR SEPTEMBER 14, 2021 5:00 PM CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET Any member of the public who wishes to make comments to the Board of Commissioners is asked to fill out a Public Comment Sheet and place it in the box located at the end of the Commissioner’s desk on the left side of the Commission Chambers. The Mayor will call on you to speak during the Public Comments section of the Agenda. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS PROCLAMATION City Government Month PRESENTATION Duke of Paducah - Nate Crawford NEW EMPLOYEE INTRODUCTION 911 Telecommunicator Landon Schellhardt; Police Officers Fred Harvey, Carlos Cordero, Samantha Wilson & Jackson McCormick MAYOR'S REMARKS PUBLIC HEARING Property Tax Levy for Fiscal Year 2022 Items on the Consent Agenda are considered to be routine by the Board of Commissioners and will be enacted by one motion and one vote. There will be no separate discussion of these items unless a Board member so requests, in which event the item will be removed from the Consent Agenda and considered separately. The City Clerk will read the items recommended for approval. I. CONSENT AGENDA A.Approve Minutes for August 24, 2021 B.Receive & File Documents C.Appointment of Ronna Ward and Ardenia Cleary to the Civic Beautification Board D.Personnel Actions E.Approve FY2022 Contract For Services with Barkley Regional Airport Authority in the amount of $120,000. - D. JORDAN F.Approve FY2022 Contract For Services with Paducah Transit Authority in the amount of $215,000 - D JORDAN G.Approve an Interlocal Contract for Cooperative Purchasing with the Houston-Galveston Area Council (H-GAC) to allow for the purchase of certain services and goods at a cost savings to the City - C YARBER II. BOARD APPOINTMENTS A.Joint Reappointment of Mark Whitlow, Tom Padgett, Darryl Pea, Bill Bartleman, David Jones, Alex Sherwood, Andrew McGlennon and John Mann to the Paducah-McCracken County Convention Center Corporation III. ORDINANCE(S) - ADOPTION A. Conditional Use Text Amendment - J SOMMER IV. ORDINANCE(S) - INTRODUCTION A.Approve Contract Modification to Professional Services Contract with BFW Engineering & Testing for the Buckner Lane Bridge Replacement Project in the amount of $74,345.00 - R MURPHY B.Approve Contract Modification to Professional Services Contract with BFW Engineering & Testing for the S. 24th Street-S 25th Street Improvement Project in the amount of $106,500.00 - R MURHPY C.Approve Contract Modification to Professional Services Contract with BFW Engineering & Testing, Inc. for the BUILD Grant Environmental Assessment Project in the amount of $24,500.00 - R MURPHY D.Approval of Construction Contract for the Riverfront Park Land Mass Scour Project with Wilkins Construction Co., Inc. in the amount of $495,784.00 - R MURPHY E.Setting Tax Levies: Ad Valorem Properties FY2022 - J PERKINS V. DISCUSSION A.Touchdowns & Tunes Discussion VI. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VII. EXECUTIVE SESSION August 24, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, August 24, 2021, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). INVOCATION: Commissioner Wilson led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. PRESENTATION Communications Manager Pam Spencer offered a summary of the Southside Rise & Shine Presentation: Recognition of Southside Rise & Shine Partner Organizations “Mayor George Bray proclaimed August 24 as Southside Rise & Shine Day and recognized the following organizations for their partnerships in the eight-week Southside Rise & Shine Neighborhood Spruce Up. Community Partners – Attended Sunday Celebrations and Shared Information, Resources, and Smiles CFSB Lotus McCracken County Cooperative Extension Service McCracken County Public Library Strengthening Families & Communities Partners that Hosted Sunday Celebrations 9th Street Church of Christ Bob’s Drive-In Restaurant Calvary Baptist Church Church of the Living God Grace Baptist Church Neighbor-to-Neighbor Award – Employees spending hours collecting litter in the neighborhoods Housing Authority of Paducah Paducah Lowe’s Store #2460” CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. The Mayor requested that Item I(K) be removed from the Consent Agenda for separate discussion. Mayor Bray asked the City Clerk to read the remaining items on the Consent Agenda. August 24, 2021 I(A) Approve Minutes for the August 10, 2021 Paducah Board of Commissioners Meeting I(B) Receive and File Documents: Minute File: 1. Letter to Barry Alberts, Weyland Ventures from Nic Hutchison regarding request to extend date of closing and property transfer – Tract 1 – City Block Development Project. 2. Declaration of Local State of Emergency dated August 10, 2021 regarding COVID Contract File: 1. Contract For Services – Paxton Park Golf Board d/b/a Paxton Park Municipal Golf Course – MO #2488 2. Entertainment Destination Center Agreements – ORD 2021-04-8685 a) Maiden Alley Cinema b) Doe’s Eat Place c) Grill 211 d) Freight House e) The Bully Gorilla f) Over/Under g) Tribeca Inc (d/b/a The 1857 Hotel) Financials File: 1. Paducah Convention & Visitors Bureau – Financial Statement dated June 30, 2020 Bids 1. Paducah Floodwall Closure – ORD 2021-07-8695 a) Smith Construction b) Coffee Construction 2. Flood Protection Flap Gate Replacement – ORD 2021-07-8696 a) Jim Smith Contracting b) ICI Mechanical, Inc. c) C. J. Mahan Construction Company I(C) Appointment of Troy Astin to the Board of Adjustment to replace Eri Gjergji, who resigned. Said term shall expire August 31, 2024. I(D) Reappointment of Joseph Benberry and David Morrison to the Planning Commission. Said terms shall expire August 31, 2025 I(E) Reappointment of Craig Beavers, Jeff Canter, Jennifer Frazier and Josh Linville to the Paducah Main Street Board. Said terms shall expire August 22, 2025 I(F) Reappointment of Candice Griffin, Wayne Armbruster and Laura Kauffman to the Civic Beautification Board. Said terms shall expire July 1, 2025 I(G) Personnel Actions I(H) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE LUTHER F. CARSON FOUR RIVERS CENTER, INC. IN THE AMOUNT OF $45,000 FOR SPECIFIC SERVICES (MO #2492; BK 12) I(I) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH SPROCKET, INC. IN THE AMOUNT OF $35,000 FOR ADMINISTRATIVE AND August 24, 2021 OPERATIONAL COSTS, INCLUDING PERSONNEL, WHO CARRY OUT THE OBJECTIVES AND SERVICES OF SPROCKET (MO #2493; BK 12) I(J) A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT, AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH PADUCAH WATER TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES (MO #2494; BK 12) I(K) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO ACCEPT CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES" ACT) FUNDING THROUGH THE DEPARTMENT OF LOCAL GOVERNMENT IN THE AMOUNT OF $185,093 FOR REIMBURSEMENTS FOR THE SALARIES OF POLICE OFFICERS AND FIREFIGHTERS AND AUTHORIZING THE EXECUTION ALL DOCUMENTS RELATED TO SAME REMOVED FOR SEPARATE DISCUSSION Commissioner Gault offered Motion, seconded by Commissioner Guess, that the items on the consent agenda be adopted as presented. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). RESOLUTION WORK READY COMMUNITY Commissioner Henderson offered Motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt a Resolution entitled, “A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY SUPPORTING THE SUBMISSION OF AN APPLICATION FOR RECERTIFICATION AS A WORK READY COMMUNITY IN THE KENTUCKY WORKFORCE INVESTMENT BOARD’S WORK READY COMMUNITIES INITIATIVE.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MUNICIPAL ORDERS CARES ACT FUNDING IN THE AMOUNT OF $185,093.00 Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO ACCEPT CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES" ACT) FUNDING THROUGH THE DEPARTMENT OF LOCAL GOVERNMENT IN THE AMOUNT OF $185,093 FOR REIMBURSEMENTS FOR THE SALARIES OF POLICE OFFICERS AND FIREFIGHTERS AND AUTHORIZING THE EXECUTION ALL DOCUMENTS RELATED TO SAME: August 24, 2021 Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MO #2495; BK 12 CONTRACT FOR GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL IN THE AMOUNT OF $250,000 Commissioner Wilson offered motion, seconded by Commissioner Henderson, that the Board of Commissioners adopt a Municipal Order entitled, “A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SERVICES WITH THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL IN AN AMOUNT OF $250,000 FOR SPECIFIC SERVICES.” Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). MO #2496; BK 12 ORDINANCE ADOPTION APPROVE AN INTERLOCAL COOPERATION AGREEMENT WITH McCRACKEN COUNTY AND BARKLEY REGIONAL AIRPORT AUTHORITY FOR LOCAL SHARE PAYMENT OF THE AIRPORT TERMINAL PROJECT Commissioner Gault offered motion, seconded by Commissioner Guess, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT WITH THE COUNTY OF MCCRACKEN AND THE BARKLEY REGIONAL AIRPORT AUTHORITY REGARDING LOCAL SHARE PAYMENT OF THE AIRPORT TERMINAL PROJECT IN AN ESTIMATED AMOUNT OF $5,800,000 TO BE FUNDING EQUALLY BY THE CITY OF PADUCAH AND THE COUNTY OF MCCRACKEN; AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME.” This Ordinance is summarized as follows: This Ordinance authorizes and approves an Interlocal Cooperation Agreement by and between the City of Paducah, Kentucky, the County of McCracken County, Kentucky and the Barkley Regional Airport Authority to set forth the portions of the Local Share of the Barkley Regional Airport Terminal Project will be funded by the City and what portion of the Local Share of the Terminal Project will be funded by the County. The Local Share is estimated to be $5,800,000. The Interlocal Cooperation Agreement commits the City of Paducah to provide funding to cover fifty (50%) of the Local Share. A final Local Share in excess of Six Million Dollars ($6,000,000.00) is subject to a full review of the Paducah City Commission and the McCracken County Fiscal Court. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). ORD 2021-08-8701; BK 36 ORDINANCE INTRODUCTION CONDITIONAL USE TEXT AMENDMENT Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AMENDING CHAPTER 126 August 24, 2021 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO CONDITIONAL USES.” This Ordinance is summarized as follows: This ordinance amends Section 126-68 Conditional Uses of the Paducah Code of Ordinances. This amendment allows for applications for conditional use permits to go directly to the Board of Adjustment for approval or denial without first being brought before the Paducah Planning Commission. COMMENTS City Manager - City Manager Jordan expressed appreciation for the welcome he has received from the community and the guidance he has received from the Leadership Team Mayor Bray Expressed that he appreciates the collaborative approach of City Manager Jordan. Commented on the Dunlap Groundbreaking that was held today for the renovation of the Jetton School. It is a $14 million investment in our community. Commissioner Wilson Thought the groundbreaking was a great event and looks forward to the completion of the project which is anticipated to take approximately eighteen months. EXECUTIVE SESSION Commissioner Henderson offered motion, seconded by Commissioner Wilson, that the Board of Commissioners go into closed session for discussion of matters pertaining to the following topics: A specific proposal by a business entity where public discussion of the subject matter would jeopardize the location, retention, expansion or upgrading of a business entity, as permitted by KRS 61.810(1)(g) Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). RECONVENE INTO OPEN SESSION Commissioner Henderson offered motion, seconded by Commissioner Gault that the Board of Commissioners reconvene into open session. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). ADJOURN Commissioner Gault offered motion, seconded by Commissioner Guess, to adjourn the meeting of the Paducah Board of Commissioners. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). August 24, 2021 TIME ADJOURNED: 5:52 p.m. ADOPTED: September 14, 2021 ______________________________ George Bray, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk September 14, 2021 RECEIVE AND FILE DOCUMENTS: Contract File: 1. Contract For Services – Luther F. Carson Four Rivers Center, Inc. – MO #2492 2. Contract For Services – Sprocket, Inc. – MO #2493 3. Contract For Services – Paducah Fleet Maintenance and Paducah Water – MO #2494 4. Contract For Services – GPEDC – MO #2496 Financials File: 1. West Kentucky Community and Technical College – 2020-2021 Television Department Annual Report 2. Paducah Water – Financial Highlights – Month ending July 31, 2021 Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Approve FY2022 Contract For Services with Barkley Regional Airport Authority in the amount of $120,000. - D. JORDAN Category: Municipal Order Staff Work By: James Arndt, Claudia Meeks Presentation By: Daron Jordan Background Information: The FY2022 Budget was approved on June 22, 2021, by Ordinance No. 2021- 06-8692. The budget included payment to Barkley Regional Airport Authority in the amount of $120,000 The Board of Commissioners is now desirous of entering into a contract with Barkley Regional Airport Authority for FY2022 services in the amount of $120,000, payable in four quarterly installments of $30,000 each. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: A check presentation will be planned at Barkley Regional Airport. Funds Available:Account Name: Investment Fund Account Number: 2400 0401 580820 Staff Recommendation: Approve the FY2022 Contract with Barkley Regional Airport Authority in the amount of $120,000 and authorize the Mayor to execute same. Attachments: 1.MO - contract-barkley regional airport FY2022 2.FY2022 Contract For Services - Barkley Regional Airport MUNICIPAL ORDER NO. _____ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BARKLEY REGIONAL AIRPORT IN THE AMOUNT OF $120,000 FOR GENERAL AVIATION AND AIR CARRIER SERVICES BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor is hereby authorized to execute a contract with Barkley Regional Airport in the amount of $120,000 payable in quarterly installments of $30,000, for providing general aviation and air carrier services to the citizens of McCracken County and surrounding regions. This contract shall expire June 30, 2022. SECTION 2. This expenditure shall be charged to the Investment Fund, Account No. 24000401-580820. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. ______________________________ Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, September 14, 2021 Recorded by Lindsay Parish, City Clerk, September 14, 2021 \mo\contract-barkley regional airport FY2022 Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Approve FY2022 Contract For Services with Paducah Transit Authority in the amount of $215,000 - D JORDAN Category: Municipal Order Staff Work By: James Arndt, Claudia Meeks Presentation By: Daron Jordan Background Information: The FY2022 Budget was approved on June 22, 2021, by Ordinance No. 2021- 06-8692. The budget included payment to Paducah Transit Authority in the amount of $215,000 The Board of Commissioners is now desirous of entering into a contract with Authority for FY2022 services in the amount of $215,000, payable in four quarterly installments of $53,750 each. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: General Fund Account Number: 1000 0106 580080 Staff Recommendation: Approve FY2022 Contract with Paducah Transit Authority in the amount of $215,000 and authorize Mayor to execute same. Attachments: 1.MO - contract-Paducah Transit Authority FY22 2.FY2022 Contract For Services - Paducah Transit Authority MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH PADUCAH TRANSIT AUTHORITY IN THE AMOUNT OF $215,000 FOR PUBLIC TRANSPORTATION SERVICES BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute a contract with Paducah Area Transit System in the amount of $215,000, to be paid in equal quarterly allocations of $53,750.00, for public transportation services for the Paducah/McCracken County area. This contract shall expire June 30, 2022. SECTION 2. This expenditure shall be charged to the General Fund, Account No.10000106-580080. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. ______________________________ George Bray, Mayor ATTEST: _____________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, September 14, 2021 Recorded by Lindsay Parish, City Clerk, September 14, 2021 \mo\contract-Paducah Transit Authority FY22 Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Approve an Interlocal Contract for Cooperative Purchasing with the Houston-Galveston Area Council (H-GAC) to allow for the purchase of certain services and goods at a cost savings to the City - C YARBER Category: Municipal Order Staff Work By: Debbie Collins Presentation By: Chris Yarber Background Information: The Houston-Galveston Area Council (H-GAC) is a political subdivisions of the State of Texas. KRS allows for local governments to enter into agreements for Cooperative Purchasing with other governmental purchasing units such as HGAC. These agreements allow for cities to purchase certain goods and services at better rates. In order to be able to purchase cooperatively, the City must enter into an Interlocal contract with HGAC. This contract is for a term of 1 year and automatically renews unless terminated by either party. Once executed, the city will be able to purchase from H-GAC contracts with providers who have participated in a sealed bid process in accordance with the Kentucky Model Procurement Code. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: To issue a Municipal Order to approve an Interlocal Contract for Cooperative Purchasing with the Houston-Galveston Area Council (H-GAC) to allow for the purchase of certain services and goods at a cost savings to the City. Attachments: 1.Interlocal Cooperative Purchasing – HGAC 2021 2.HGAC Inerlocal Contract for Cooperative Purchasing MUNICIPAL ORDER NO. ________ A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING WITH THE HOUSTON-GALVESTON AREA COUNCIL AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME WHEREAS, KRS 45A.295 & KRS 45A.300 allow for Local Governments to enter into cooperative purchasing agreements for the acquisition of any supplies, services, or construction with any other public purchasing unit or foreign purchasing activity, in accordance with an agreement entered into between the participants; and WHEREAS, the City desires to enter into an Interlocal Contract for Cooperative Purchasing with the Houston-Galveston Area Council (H-GAC) for said purpose. NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The City hereby authorizes and approves an Interlocal Contract for Cooperative Purchasing by and between the City of Paducah and the Houston-Galveston Area Council (H-GAC) in substantially the same form attached hereto and made part hereof as Exhibit A. Further, the Mayor of the City is hereby authorized to execute the Interlocal Contract for Cooperative Purchasing and all documents relating to same with such changes in the agreements not inconsistent with this Municipal Order and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. SECTION 2. Effective Date. This Order shall be in full force and effect from and after the date of its adoption. ________________________________ George Bray, Mayor Attest: ___________________________ Lindsay Parish, City Clerk Adopted by the Board of Commissioners, _________________________ Recorded by Lindsay Parish, City Clerk, __________________________ \mo\ Interlocal Cooperative Purchasing – HGAC 2021 EXHIBIT A Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Conditional Use Text Amendment - J SOMMER Category: Ordinance Staff Work By: Josh Sommer, Nicholas Hutchison Presentation By: Josh Sommer Background Information: This Zoning Text Amendment is to align the Conditional Use permitting process with KRS 100.211. Currently, Conditional Use petitions are referred to the Planning Commission first and then to the Board of Adjustment. However, this step is not required. By allowing conditional use petitions to go directly to the Board of Adjustment, a developer could save three weeks or more on their projects. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Approval Attachments: 1.Staff Report - Conditional Uses 2.ORD 126-68 Conditional Uses 3.Signed Resolution TEXT AMENDMENT PADUCAH PLANNING COMMISSIONT PROCEDURAL NOTE Zoning text amendments are first heard before the Paducah Planning Commission at a public hearing, pursuant to KRS 100.211 (2). The Planning Commission made a positive recommendation to the Board of Commissioners at the August 2, 2021 meeting. CONSIDERATIONS Section 126-68 pertains to how Conditional uses are processed. As currently written, Conditional uses are referred to the Planning Commission who may make a recommendation to the Board of Adjustment. By removing the requirement for the recommendation to come to the Planning Commission first, the Paducah Zoning Ordinance will be in compliance with state law, specifically KRS 100.237, which gives the power to hear and decide conditional use permits to the Board of Adjustment. This text change will also save petitioners approximately two to three weeks in application processing time. TEXT AMENDMENT The proposed amendment is as follows: Sec. 126-68. Conditional uses (a)Generally. Conditional uses are allowed only by specific approval of the Board of Adjustment (also referred to herein as “Board”) and only in the zone in which they are listed; however, the following uses are permitted in all zones: (1) Public utility installations; (2) Government buildings and uses; and (3) Public and parochial schools. CASE NO.TXT2021-0039 TITLE Conditional uses SECTIONS (a) Generally (b) Application and review procedure DESCRIPTION Text change to provide for: Conditional uses to go directly to the Board of Adjustment pursuant to KRS 100.237 STAFF REPORT (continued) page 2 of 3 (b)Application and review procedure. (1) Upon receipt of an application for a conditional use, the Board shall send a copy thereof to the Commission for its information and review as to the effect of the conditional use upon the master plan and the Commission may present its recommendations thereon to the Board. The Board shall then proceed with a hearing on the application in the manner prescribed in this article chapter. Following the hearing, and upon an affirmative finding by the Board that: a. The proposed conditional use is to be located in a zone wherein such use may be permitted; and b. The conditional use is consistent with the spirit, purpose and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare; the Board shall grant the conditional use. c. then the Board shall grant the conditional use. (2) The Board of Adjustment may approve or deny any application for a conditional use permit. If it approves the issuance of a conditional use permit is approved, the Board, it may attach conditions to the approval such as time limitations, requirements that one (1) or more things be done before construction can be initiated, or conditions of a continuing nature. Any such condition shall be recorded in the Board's minutes and on the conditional use permit, along with a reference to the specific section of this article or any other applicable ordinance of the City listing the conditional use under consideration. (3) The Board of Adjustment shall have the power to revoke conditional use permits for noncompliance with the conditions thereof. Furthermore, the Board shall have the right of action to compel offending structures or uses to be removed at the cost of the violator and may have judgment in personam for such cost. (4)The Approved conditional use permits approved by the Board of Adjustment shall be recorded at the expense of the applicant in the office of the County Court Clerk. (5) Approval of a conditional use permit does not exempt the applicant from complying with all the requirements of building, housing and other codes and regulations of the City. (6) In any case in which a conditional use permit has not been exercised within one (1) year from its date of issuance, such conditional use may revert to its original zoning designation be revoked following a public hearing held by the Board of Adjustment in accordance with KRS Ch. 424. "Exercised," as set forth in this subsection, shall mean that binding contracts for the construction of the main building or other improvements have been let or, in the absence of contracts, that the principal building or other improvements are under construction to a substantial degree, or that prerequisite conditions involving substantial investment are under contract, in development, or completed. When construction is not a part of the use, "exercised" shall mean that the user is operating in compliance with the conditions as designated in the permit. STAFF REPORT (continued) page 3 of 3 (7) The enforcement officer shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once each year. The enforcement officer shall have the power to inspect the land or structure where the special conditional use is located in order to determine if the landowner is complying with all of the conditions which are listed on the conditional use permit. (8) If the landowner is not complying with all of the conditions listed on the conditional use permit, the enforcement officer shall report this fact in writing to the Chairperson of the Board of Adjustment. The report of the enforcement officer shall state specifically the manner in which the landowner or occupant is not complying with the conditions on the conditional use permit. A copy of this report shall be furnished to the landowner at the same time (as nearly as is possible) it is furnished to the Chairperson of the Board. The Board shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner and/or occupant at least one (1) week prior to the hearing. (9) If the Board of Adjustment finds that the facts alleged in the report of the enforcement officer are true, and that the landowner and/or occupant has taken no action to comply with the conditions (as originally placed on the permit) between the date of the report and the date of the hearing, the Board may authorize the administrative official to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes. (10) Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the administrative official, upon request by the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied and enter the facts which indicate that the conditions have been satisfied and the conclusions in the margin of the copy of the conditional use permit which is on file with the County Court Clerk; thereafter the use in question, if it continues to meet the other requirements of this article, will be considered a permitted use. STAFF RECOMMENDATION Based on the above, staff recommends the Board of Commissioners accept the Paducah Planning Commission’s positive recommendation and approve the text amendment of Section 126-68 Conditional uses. ORDINANCE NO. 2021-____-________ AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO CONDITIONAL USES WHEREAS, any change to the text of the zoning code must be referred to the Paducah Planning Commission before adoption and considered in accordance with KRS 100.211; and WHEREAS, a public hearing was held on August 2, 2021 by the Planning Commission after advertisement pursuant to law; and WHEREAS, the Paducah Planning Commission duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing; and WHEREAS, the Planning Commission adopted a proposal to change the text of Section 126-68 Conditional Uses of the City of Paducah zoning ordinance; and WHEREAS, the City desires to amend certain sections of the Paducah Code of Ordinances to reflect the changes. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby amends Section 126-68 Conditional Uses of the Paducah Code of Ordinances as follows: Sec. 126-68. Conditional uses (a) Generally. Conditional uses are allowed only by specific approval of the Board of Adjustment (also referred to herein as “Board”) and only in the zone in which they are listed; however, the following uses are permitted in all zones: (1) Public utility installations; (2) Government buildings and uses; and (3) Public and parochial schools. (b) Application and review procedure. (1) Upon receipt of an application for a conditional use, the Board shall [send a copy thereof to the Commission for its information and review as to the effect of the conditional use upon the master plan and the Commission may present its recommendations thereon to the Board. The Board shall then] proceed with a hearing on the application in the manner prescribed in this [article] chapter. Following the hearing, and upon an affirmative finding by the Board that: a. The proposed conditional use is to be located in a zone wherein such use may be permitted; and b. The conditional use is consistent with the spirit, purpose and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare; [the Board shall grant the conditional use.] c. then the Board shall grant the conditional use. (2) The Board of Adjustment may approve or deny any application for a conditional use permit. If [it approves the issuance of] a conditional use permit is approved, the Board[, it] may attach conditions to the approval such as time limitations, requirements that one (1) or more things be done before construction can be initiated, or conditions of a continuing nature. Any such condition shall be recorded in the Board's minutes and on the conditional use permit, along with a reference to the specific section of this article or any other applicable ordinance of the City listing the conditional use under consideration. (3) The Board of Adjustment shall have the power to revoke conditional use permits for noncompliance with the conditions thereof. Furthermore, the Board shall have the right of action to compel offending structures or uses to be removed at the cost of the violator and may have judgment in personam for such cost. (4) [The] Approved conditional use permits [approved by the Board of Adjustment] shall be recorded at the expense of the applicant in the office of the County Court Clerk. (5) Approval of a conditional use permit does not exempt the applicant from complying with all the requirements of building, housing and other codes and regulations of the City. (6) In any case in which a conditional use permit has not been exercised within one (1) year from its date of issuance, such conditional use may [revert to its original zoning designation] be revoked following a public hearing held by the Board of Adjustment in accordance with KRS Ch. 424. "Exercised," as set forth in this subsection, shall mean that binding contracts for the construction of the main building or other improvements have been let or, in the absence of contracts, that the principal building or other improvements are under construction to a substantial degree, or that prerequisite conditions involving substantial investment are under contract, in development, or completed. When construction is not a part of the use, "exercised" shall mean that the user is operating in compliance with the conditions as designated in the permit. (7) The enforcement officer shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once each year. The enforcement officer shall have the power to inspect the land or structure where the [special] conditional use is located in order to determine if the landowner is complying with all of the conditions [which are] listed on the conditional use permit. (8) If the landowner is not complying with all of the conditions listed on the conditional use permit, the enforcement officer shall report this fact in writing to the Chairperson of the Board of Adjustment. The report of the enforcement officer shall state specifically the manner in which the landowner or occupant is not complying with the conditions on the conditional use permit. A copy of this report shall be furnished to the landowner at the same time (as nearly as is possible) it is furnished to the Chairperson of the Board. The Board shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner and/or occupant at least one (1) week prior to the hearing. (9) If the Board of Adjustment finds that the facts alleged in the report of the enforcement officer are true, and that the landowner and/or occupant has taken no action to comply with the conditions (as originally placed on the permit) between the date of the report and the date of the hearing, the Board may authorize the administrative official to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity [on the land] which the conditional use permit authorizes. (10) Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the administrative official, upon request by the applicant, may[, if the facts warrant, ] make a determination that the conditions have been satisfied and enter the facts which indicate that the conditions have been satisfied and the conclusions in the margin of the copy of the conditional use permit which is on file with the County Court Clerk; thereafter the use in question, if it continues to meet the other requirements of this article, will be considered a permitted use. SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor ATTEST: Lindsay Parish, City Clerk Introduced by the Board of Commissioners, ____________________ Adopted by the Board of Commissioners, _____________________ Recorded by the City Clerk, ________________________________ Published by The Paducah Sun, _____________________________ ord\126-68 Conditional Uses Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Approve Contract Modification to Professional Services Contract with BFW Engineering & Testing for the Buckner Lane Bridge Replacement Project in the amount of $74,345.00 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Rick Murphy Presentation By: Rick Murphy Background Information: Summary: Expansion of project scope to include additional stormwater mitigation using American Rescue Plan Act (ARPA) funding in conjunction with FEMA public assistance funding to expand the Buckner Lane Bridge Replacement project. BFW has proposed the following additional fee schedule: Modify Plans to Extend Project $ 16,685.00 Update Field Survey $ 4,140.00 Utility Design & Coordination $ 15,000.00 Coordinate Design & Meetings with Strand $ 3,000.00 Update Engineer's Estimate $ 3,520.00 Revise Stream Permit $ 8,500.00 Construction Engineering Inspection & Testing $ 23,500.00 Total Estimated Not To Exceed Fee Increase $ 74,345.00 Background: On April 26, 2018, a major disaster declaration, FEMA-4361-DR-KY, was signed by the President for the 2018 Flooding and Severe Weather Events occurring from February 21, 2018 through March 21, 2018. As a result, the City of Paducah applied for and received Disaster Relief Funding for the restoration of the Buckner Lane Bridge under Event 4361DR-KY. The Federal Emergency Management Agency (FEMA) has estimated $438,775.00 total project cost with 75% Federal Share and 25% Non-Federal Share. FEMA has obligated $329,081.00 in Federal funds for the Buckner Bridge Project. The Non-Federal Share of $109,693.00 is split between State ($52,652.00) and Local ($57,041.00) cost shares. On March 24, 2020 , Ordinance 2020-03-8626 was approved by the Paducah Board of Commissioners authorizing a professional services contract with BFW Engineering & Testing in the amount of $154,036.00. On March 11, 2021, the American Rescue Plan Act funding was signed into law. The City of Paducah was notified of $6,439,016 of available funding. On July 13, 2021, Municipal Order 2481 was authorized by the Paducah Board of Commissioners to appropriate $4M of ARPA funding toward specific stormwater mitigation projects. The City Engineering Department requested Strand & Associates to identify projects from the City of Paducah Comprehensive Stormwater Master Plan (CSMP). The Buckner Lane Bridge Replacement project was identified and presented to the Commission at the July 13, 2021 meeting. BFW Engineering has submitted a Not To Exceed fee proposal in the amount of $74,345.00 for additional scope of work to provide additional professional services. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Stormwater Mitigation Communications Plan: Coordinate with affected property owners for right-of-way and easements Work with Communications Manager for press releases, social media posts, and other communications Coordinate with citizens and contractor during construction Funds Available:Account Name: Buckner Lane Bridge Account Number: PF0078 Staff Recommendation: Authorize and direct the Mayor to accept and execute Contract Modification #1 and any associated documents. Authorization increases BFW's contract by $74,345.00. The approval of the contract amendment will increase the total contract amount from $154,036.00 to a Not to Exceed fee of $228,381.00. Attachments: 1.CHGORD1- BFW Engineering – Buckner Lane Bridge Project 2.BUCKNER LANE CONTRACT MODIFICATION_8-26-21 ORDINANCE NO. 2021-_____-________ AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 1 WITH BFW ENGINEERING & TESTING, INC. TO INCREASE THE CONTRACT BY $74,345 FOR THE BUCKNER LANE BRIDGE REPLACEMENT OVER CROOKED CREEK WHEREAS, on March 31, 2020, the City approved Ordinance 2020-03-8626, authorizing a professional services contract with BFW Engineering & Testing, Inc, for $154,036 for the Buckner Lane Bridge Replacement Over Crooked Creek; and WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) funding was signed into law which afforded funding in an amount of $6,439,016 to the City of Paducah; and WHEREAS, on July 13, 2021, Municipal Order 2481 was authorized by the Paducah Board of Commissioners to appropriate $4,000,000 of ARPA funding toward specific stormwater mitigation projects; and WHEREAS, the City Engineering Department requested Strand & Associates to identify projects from the City of Paducah Comprehensive Stormwater Master Plan (CSMP) for which said ARPA funding may be used; and WHEREAS, the Buckner Lane Bridge Replacement project was identified and presented to the Commission at the July 13, 2021 meeting; and WHEREAS, BFW Engineering has submitted a Not To Exceed fee proposal in the amount of $74,345.00 for additional scope of work to provide additional professional services; and WHEREAS, Contract Modification No. 1 is required for an increase in the amount of $74,345 adjusting the total construction project from $154,036 to $228,381. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Contract Modification No. 1 with BFW Engineering & Testing, Inc., for an increase in the amount of $74,345 and a new total contract cost of $228,381. SECTION 2. This expenditure shall be charged to the Buckner Lane Bridge Project Account PF0078. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. _______________________________________ George Bray, Mayor ATTEST: ______________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners _______________________ Adopted by the Board of Commissioners, _________________________ Recorded by Lindsay Parish, City Clerk, __________________________ Published by The Paducah Sun, _________________________________ \ord\eng\CHGORD1- BFW Engineering – Buckner Lane Bridge Project August 26, 2021 Mr. Rick Murphy City Engineer 300 S. 5th St. PO Box 2267 Paducah, KY 42002-2267 RE: REVISED SCOPE OF WORK & ENGINEERING FEE to update the Field Survey, Modify the Roadway Design Plans, and revise & resubmit the Crooked Creek Stream Permit for the Buckner Lane Project. Also, to provide Construction Inspection for the project. Dear Mr. Murphy: Bacon Farmer Workman Engineering & Testing, Inc. appreciates the opportunity to present this revised Scope of Work and Engineering Fee for the project. BFW PROPOSED FEE – (The work will be performed at our standard hourly rates). Modify Plans to Extend Project to the North (Pecan Dr) & South (Hanson Rd) $16,685 Update Field Survey $ 4,140 Utility Design & Coordination $ 15,000 Coordinate Design & Meetings with Strand Assoc. $3,000 Update Estimate $3,520 Revise Stream Permit (Change Permit from Nationwide to Individual) $8,500 Construction Engineering Inspection & Testing $23,500 ➢ Pile Driving Observations ➢ Rebar Inspections ➢ Water Line Verification ➢ Bridge Foundation, Wing Wall, & Culvert Inspections BFW Total Estimated Fee Increase $74,345 SERVICES NOT INCLUDED IN BFW’s SCOPE OF WORK RW & Easement Negotiations (TBD) We appreciate this opportunity and look forward to working with you and your staff on this project. Sincerely, Bacon Farmer Workman Engineering &Testing, Inc. Mike McGregor PE, Project Manager If you agree with this Scope of Work and Proposed Fee, please sign on the lines provided below and return to our office. Authorization to Proceed: Proposal Date – August 9, 2021 Mr. Rick Murphy, City Engineer & Public Works Director 300 S. 5th St. PO Box 2267 Paducah, KY 42002-2267 ____________________________________ __________________ Signature Date ____________________________________ Name (Printed) ____________________________________ Title Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Approve Contract Modification to Professional Services Contract with BFW Engineering & Testing for the S. 24th Street-S 25th Street Improvement Project in the amount of $106,500.00 - R MURHPY Category: Ordinance Staff Work By: Melanie Townsend, Rick Murphy Presentation By: Rick Murphy Background Information: Summary: Expansion of scope of project to include additional stormwater mitigation using American Rescue Plan Act (ARPA) funding with Governor's Discretionary funding to expand the S. 24th Street- S 25th Street Improvement project. BFW Engineering & Testing has proposed the following schedule of additional fees: BFW Engineering & Testing Add'l Field Survey & Utility Location along Barnett St $ 6,000.0 0 Add'l Field Survey for Stormwater Drainage Basin $ 13,000.0 0 Process Field Survey Data $ 2,500.0 0 As-Built Survey to Certify Basin Construction $ 10,000.0 0 Permitting $ 6,000.0 0 Wetland Delineation $ 5,500.0 0 Threatened & Endangered Species Review $ 2,000.0 0 8 Geotechnical Borings $ 6,000.0 0 Plan Development Coordination with Strand $ 7,500.0 0 BFW Total Estimated Not To Exceed Fee Increase $ 58,500.0 0 Strand & Associates Review BFW’s Stormwater Drainage Basin Survey $ 2,200. 00 Review Geotech Findings $ 1,800. 00 Update XPSWMM Model with Survey Information $ 9,600. 00 Stormwater Drainage Basin Design Drawings $ 27,000. 00 Assist BFW with OPCC for Basin Components $ 1,900. 00 Assist BFW with specifications related to Basin Components $ 2,100. 00 Attend three virtual meetings $ 3,400. 00 Strand Total Estimated Not To Exceed Fee Increase $ 48,000.0 0 Background: On November 24, 2020 , Ordinance 2020-11-8661 was approved by the Paducah Board of Commissioners authorizing a professional services contract with BFW Engineering & Testing in the amount of $159,775.00. On March 11, 2021, the American Rescue Plan Act funding was signed into law. The City of Paducah was notified of $6,439,016.00 of available funding. On July 13, 2021, Municipal Order 2481 was authorized by the Paducah Board of Commissioners to appropriate $4M of ARPA funding toward specific stormwater mitigation projects. The City Engineering Department requested Strand & Associates to identify projects from the City of Paducah Comprehensive Stormwater Master Plan (CSMP). The S. 24th Street-S. 25th Street Improvement project was identified and presented at the July 13, 2021 Commission meeting. BFW Engineering has submitted a Not To Exceed fee proposal modification in the amount of $106,500.00 for additional scope of design to provide additional professional services. This additional scope includes fees of $58,500.00 for BFW Engineering and $48,000.00 additional for Strand & Associates as a subcontractor to BFW Engineering. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: Stormwater Mitigation Communications Plan: Coordinate with affected property owners for right-of-way and easements Work with Communications Manager for press releases, social media posts, and other communications Coordinate with contractor during road closures Funds Available:Account Name: S. 25th Improvement Project Account Number: ST0040 Staff Recommendation: Authorize and direct the Mayor to accept and execute Contract Modification #1 and any associated documents. Authorization increases BFW's contract by $106,500.00. The approval of the contract amendment will increase the total contract amount from $159,775.00 to a Not To Exceed fee of $266,275.00. Attachments: 1.CHGORD1- BFW Engineering - 24th Street - S 25th Street Improvement 2.24th 25th ST. Contract Modification_8-26-21 ORDINANCE NO. 2021-_____-________ AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 1 WITH BFW ENGINEERING & TESTING, INC. TO INCREASE THE CONTRACT BY $106,500 FOR THE SOUTH 24TH STREET AND SOUTH 25TH STREET IMPROVEMENT PROJECT WHEREAS, on November 24, 2020, the City approved Ordinance 2020-11-8661, authorizing a professional services contract with BFW Engineering & Testing, Inc, for $159,775 for the South 24th Street & South 25th Street Improvement Project; and WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) funding was signed into law which afforded funding in an amount of $6,439,016 to the City of Paducah; and WHEREAS, on July 13, 2021, Municipal Order 2481 was authorized by the Paducah Board of Commissioners to appropriate $4,000,000 of ARPA funding toward specific stormwater mitigation projects; and WHEREAS, the City Engineering Department requested Strand & Associates to identify projects from the City of Paducah Comprehensive Stormwater Master Plan (CSMP) for which said ARPA funding may be used; and WHEREAS, the South 24th Street and South 25th Street Improvement Project was identified and presented to the Commission at the July 13, 2021 meeting; and WHEREAS, BFW Engineering has submitted a Not To Exceed fee proposal in the amount of $106,500 for additional scope of work to provide additional professional services; and WHEREAS, Contract Modification No. 1 is required for an increase in the amount of $106,500 adjusting the total construction project from $159,775 to $266,275. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Contract Modification No. 1 with BFW Engineering & Testing, Inc., for the South 24th and South 25th Street Improvement Project for an increase in the amount of $106,500 and a new total contract cost of $266,275. SECTION 2. This expenditure shall be charged to the S. 25th Improvement Project Account ST0040. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. _______________________________________ George Bray, Mayor ATTEST: ______________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners _______________________ Adopted by the Board of Commissioners, _________________________ Recorded by Lindsay Parish, City Clerk, __________________________ Published by The Paducah Sun, _________________________________ \ord\eng\CHGORD1- BFW Engineering – 24th Street – S 25th Street Improvement August 26, 2021 Mr. Rick Murphy City Engineer 300 S. 5th St. PO Box 2267 Paducah, KY 42002-2267 RE: REVISED SCOPE OF WORK & ENGINEERING FEE for the additional Field Survey, Roadway Design Plans, & Geotechnical for the 24th & 25th Street Improvement Project. Dear Mr. Murphy: Bacon Farmer Workman Engineering & Testing, Inc. appreciates the opportunity to present this Revised Scope of Work to provide the engineering services for the referenced above. The SCOPE OF WORK that will be performed by BFW Engineering: BFW FIELD SURVEY a) Extend the field survey down Barnett Steet to S. 26 Street. Collect topo and identify existing OH and underground utilities. b) Perform topographic and property boundary survey for 4+/- acre drainage basin including portions of Cross Creek. c) Certify through an “As Built” survey that the drainage basin was constructed according to the design plans. d) Stake 8 geotechnical boring holes within the new stormwater drainage basin. BFW FINAL DESIGN PLANS a) Coordinate and incorporate Strand Associates proposed stormwater drainage basin plans and quantities into the final roadway plan set and bid document. BFW GEOTECHNICAL SERVICES a) Provide 8 geotechnical boring holes within the proposed S. 24th St. stormwater drainage basin. b) Analyze & provide geotechnical recommendations for the material samples taken from the 8 borings. c) Convey geotechnical test result recommendations to Strand Associates. BFW PROPOSED FEE – (The work will be performed at our standard hourly rates). Additional Field Survey & Utility location along Barnett Street $6,000 Additional Field Survey for Stormwater Drainage Basin $13,000 Process Field Survey Data $2,500 As-Built Survey to Certify Basin Construction $10,000 Permitting (Flood Plain and/or Individual) $6,000 Wetland Delineation $5,500 Threatened & Endangered Species Review $2,000 8 Geotechnical Borings & Analysis $6,000 Plan Development Coordination with Strand Associates $7,500 BFW Total Estimated Fee $58,500 SERVICES NOT INCLUDED IN BFW’s SCOPE OF WORK Utility Relocation Plans (TBD) R/W & Easement Negotiations (TBD) Construction Engineering Inspection & Testing (TBD) STRAND SCOPE OF WORK COORDINATE WITH BFW a) Review the topographic and property boundary survey within the anticipated limits of the bankfull detention project site. b) Coordinate with geotechnical engineer and review their findings HYDRRAULIC MODEL a) Update the previously developed Cross Creek XPSWMM model with survey information provided by BFW. b) Estimate the peak flow rate and depth of flow within Cross Creek at the project site for up to five rainfall events, including the three-month, six-month, two-year, five-year and ten-year two-hour event. c) Evaluate the depth of flow within Cross Creek that may begin routing stormwater flow into the bankfull detention area. DESIGN DRAWINGS a) Prepare and submit design drawings for the bankfull detention area. b) Prepare design details for reinforced bank weir wall, concrete swale, and outlet structure with backflow preventer. c) Coordinate with BFW on incoming storm sewer inverts (designed by BFW) to include, as appropriate, into the grading plan. d) Submitted plans for review at the 50 percent and 90 percent design levels. e) Review and assist BFW with an opinion of probable construction cost (OPCC) for items related to the bankfull detention project area. f) Review and assist BFW on specifications as appropriate for sections related to the bankfull detention project area. PROJECT MEETINGS a) Attend up to three (3) virtual meetings with BFW and the City including a kick-off meeting, 50 percent and 90 percent design review meetings. It is anticipated that BFW or the City will prepare the Bidding Documents and bid the project. STRAND PROPOSED FEE Review BFW’s Stormwater Drainage Basin Survey $ 2,200 Review Geotech Findings $ 1,800 Update XPSWMM Model with Survey Information $ 9,600 Stormwater Drainage Basin Design Drawings $27,000 Assist BFW with OPCC for Basin Components $ 1,900 Assist BFW with specification sections related to Basin Components $ 2,100 Attend three virtual meetings $ 3,400 Strand Total Estimated Fee $48,000 The following services are not included in the above scope of work: • Permitting related activities • Site visits or in-person meetings • Bidding or construction related services • Land and easement surveys/procurement Total Requested Fee Increase: $106,500 We appreciate this opportunity and look forward to working with you and your staff on this project. Sincerely, Bacon Farmer Workman Engineering &Testing, Inc. Mike McGregor PE, Project Manager If you agree with this Scope of Work and Proposed Fee, please sign on the lines provided below and return to our office. Authorization to Proceed: Proposal Date – August 26, 2021 Mr. Rick Murphy, City Engineer 300 S. 5th St. PO Box 2267 Paducah, KY 42002-2267 ____________________________________ __________________ Signature Date ____________________________________ Name (Printed) ____________________________________ Title Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Approve Contract Modification to Professional Services Contract with BFW Engineering & Testing, Inc. for the BUILD Grant Environmental Assessment Project in the amount of $24,500.00 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Rick Murphy Presentation By: Susannah Campbell, BFW Engineering Background Information: Summary: Expansion of project scope to include additional professional services to finalize a Programmatic Agreement (PA) as required by MARAD and other regulatory agencies. BFW has proposed the following fee schedule: Coordination & Review of PA with MARAD $3,500 Coordination Calls/Meetings with Regulatory Agencies $7,000 Revision of Environmental Assessment based on PA $8,000 Coordinate Final Determination $6,000 Total Estimated Not To Exceed Fee Increase $24,500 Background: On April 14, 2020, the City of Paducah approved Ordinance 2020-04-8632, authorizing a professional services contract with BFW Engineering & Testing, Inc., for $250,000 for environmental services required for the Paducah Riverfront Improvement Project (BUILD Grant). As part of the environmental assessment process, Ordinance 2021-04-8686 approved Change Order #1 to increase the project by $12,200, adjusting the total environmental assessment project from $250,000.00 to $262,200.00. During the environmental assessment, it was necessary for BFW to engage the services of a third party to provide mussel surveys along the shoreline as part of the US Fish and Wildlife Services required analysis of the impacts of the proposed project regarding the environment. During consultation with the Kentucky State Historic Preservation Office, MARAD, and the Indians Tribes, the City of Paducah will be required to enter into an unforeseen Programmatic Agreement. BFW Engineering & Testing will be providing additional consulting services on behalf of the City of Paducah for this unforeseen requirement to satisfy the Programmatic Agreement requirements. BFW Engineering has submitted a contract modification in the amount of a Not To Exceed fee of $24,500.00 for the additional professional services scope. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Coordinate with Communications Manager Funds Available:Account Name: BUILD Grant Project Account Number: DT0050 Staff Recommendation: Authorize and direct the Mayor to accept and execute Contract Modification #2 and any associated documents. Authorization increases BFW's contract by $24,500.00. The approval of the contract modification will increase the total contract amount from $262,200.00 to a Not To Exceed fee of $286,700.00 Attachments: 1.CHGORD2- BFW Engineering – BUILD Grant Environmental Assessment 2.PaducahRiverfrontInfrastructurePAContractMod-2021-08-17 ORDINANCE NO. 2021-_____-________ AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE CONTRACT MODIFICATION NO. 2 WITH BFW ENGINEERING & TESTING, INC. TO INCREASE THE CONTRACT BY $24,500 FOR THE BUILD ENVIRONMENTAL ASSESSMENT PROJECT WHEREAS, on April 14, 2020, the City approved Ordinance 2020-04-8632, authorizing a professional services contract with BFW Engineering & Testing, Inc, in an amount of $250,000 for environmental services for the Paducah Riverfront Improvement Project (BUILD Grant); and WHEREAS, on April 27, 2021, they City approved Ordinance 2021-04-8686, for Contract Amendment No. 1 adjusting the total contract to $262,200; and WHEREAS, during consultation with the Kentucky State Historic Preservation Office, MARAD, and the Indians Tribes, the City of Paducah will be required to enter into an unforeseen Programmatic Agreement; and WHEREAS, BFW Engineering will be providing additional consulting services on behalf of the City to satisfy the Programmatic Agreement requirements and has submitted a contract modification in the amount of $24,500; and WHEREAS, Contract Modification No. 2 is required for an increase in the amount of $24,500 adjusting the total construction project from $262,200 to $286,700. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute Contract Modification No. 2 with BFW Engineering & Testing, Inc., for the BUILD Environmental Assessment Project for an increase in the amount of $24,500 and a new total contract cost of $286,700. SECTION 2. This expenditure shall be charged to the BUILD Grant Project Account DT0050. SECTION 3. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. _______________________________________ George Bray, Mayor ATTEST: ______________________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners _______________________ Adopted by the Board of Commissioners, _________________________ Recorded by Lindsay Parish, City Clerk, __________________________ Published by The Paducah Sun, _________________________________ \ord\eng\CHGORD2- BFW Engineering – BUILD Grant Environmental Assessment August 17,2021 Mr.Rick Murphy City Engineer 300 S.5th St. PO Box 2267 Paducah,KY 42002 2267 RE:REVISED SCOPE OF WORK FEE to Participate in the finalization and implementation of the Programmatic Agreement for NHPA section 106,update the Environmental Assessment,Coordinate and Provide Technical Assistance to the City of Paducah regarding the Programmatic Agreement,and Complete Environmental Permits related to NHPA section 106. The original scope did not include a Programmatic Agreement (PA)or support to draft and implement a PA. The original scope involved examining historic maps/aerial photographs to identify potential locations for historic archaeological sites that may be present within the project area,coordinate with Office of State Archaeology to determine the presence of known sites that may be present,perform site assessments to determine if archaeological sites exist,and prepare technical reports of findings for submittal to Kentucky Heritage Council. Dear Mr.Murphy: Bacon Farmer Workman Engineering &Testing,Inc.appreciates the opportunity to present this revised Scope of Work and Engineering Fee for the project. BFW PROPOSED FEE –(The work will be performed at our standard hourly rates). Coordination Calls and Drafting with MARAD of the Draft Programmatic Agreement (PA)This involves numerous calls and providing supplement data history with regards to current status of the project as it relates to which entities will be involved,which entities will be signatories,etc. $3,500 Coordination Calls /Meetings with Kentucky State Historic Preservation Office (KYSHPO),Kentucky6 Heritage Council (KHC),Native American Nations,Federal Agencies,and City of Paducah to Agree on PA and determine specific Pre construction Engineering and Design (PED)requirements and decide how this will relate to the PA.Prepare new letters to Tribes documenting current PA process. Preparation of documentation to the Advisory Council on Historic Preservation (ACHP)to determine if they would like to be a participating agency.Revise the PA based on coordinated calls with all entities and redistribute PA to ensure all parties accept the changes. $7,000 Revision and Completion of the Environmental Assessment based on PA content $8,000 Coordinate with MARAD,City of Paducah,USACE,and SHPO for PED submittal and Final KYSHPO Determination $6,000 TOTAL Contract Modification $24,500 City of Paducah –EA Contract Modification SERVICES NOT INCLUDED IN BFW’s SCOPE OF WORK Mitigation Fees (TBD) Additional Site Surveys (TBD) On site Archaeologist Monitoring (TBD) We appreciate this opportunity and look forward to working with you and your staff on this project. Sincerely, Bacon Farmer Workman Engineering &Testing,Inc. Susannah Campbell Environmental Manager If you agree with this Scope of Work and Proposed Fee,please sign on the lines provided below and return to our office. Authorization to Proceed: Mr.Rick Murphy,City Engineer &Public Works Director 300 S.5th St. PO Box 2267 Paducah,KY 42002 2267 ______________________________________________________ Signature Date ____________________________________ Name (Printed) ____________________________________ Title Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Approval of Construction Contract for the Riverfront Park Land Mass Scour Project with Wilkins Construction Co., Inc. in the amount of $495,784.00 - R MURPHY Category: Ordinance Staff Work By: Melanie Townsend, Rick Murphy Presentation By: Rick Murphy Background Information: Summary: Approving a construction contract with Wilkins Construction Co., Inc. for the repair and mitigation of flood damage to the Paducah Riverfront Land Mass. Bids Received Central Paving $ 828,239.00 Wilkins Construction $ 495,784.00 Jim Smith Contracting $ 565,009.00 Bids on the project were opened on August 26, 2021 with Wilkins Construction submitting the lowest responsive bid at $495,784.00. Background: On April 24, 2020, a major disaster declaration, FEMA-4540-DR-KY, was signed by the President for the 2020 Flooding and Severe Weather Events occurring from February 2, 2020 through February 29, 2020. As a result, the City of Paducah applied for and received Disaster Relief Funding for the restoration of the Riverfront Park Land Mass Scour under Event 4540DR-KY. The Federal Emergency Management Agency (FEMA) has estimated $532,959.00 total project cost with 75% Federal Share and 25% Non-Federal Share. FEMA has obligated $399,719.00 in Federal funds for the Riverfront Park Land Mass Scour Project. The Non-Federal Share of $133,240.00 is split between State ($63,955.00) and Local ($69,285.00) cost shares. The estimated total project cost is $532,959.00. Project:RF Park Mitigation Admin $ 258.00 Design $ 21,917.00 est Construction $ 495,784.00 bid Contingency $ 5,000.00 est C & I $ 10,000.00 est Est Project Cost: $ 532,959.00 FEMA $ 399,719.00 State Match $ 63,955.00 City Match $ 69,285.00 The City has received a recommendation from BFW Engineering & Testing that the bid from Wilkins Construction Co., Inc. is the lowest responsive bid and should be accepted as such. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Commission Priorities List Communications Plan: Coordinate with the Communications Manager Funds Available:Account Name: Land Mass Project Account Number: DT0051 Staff Recommendation: To receive and file the bids and adopt an Ordinance authorizing the Mayor to execute a contract with Wilkins Construction Co., Inc. in the amount of $495,784.00 for the Paducah Riverfront Land Mass Scour Project. Attachments: 1.agree- Wilkins Construction Riverfront Park Land Mass Scour 2.City of Paducah Land Mass Scour Project Sample Contract 3.Paducah Sun ad.8.7.21 4.City of Paducah Land Mass Scour Project Addendum #1_08.16.2021 5.City of Paducah Land Mass Scour Project Addendum #2_08.23.2021 6.Central Paving Company_bid packet 7.Wilkins Construction Co. Inc._bid packet 8.Jim Smith Contracting_bid packet ORDINANCE NO. 2021-_____-________ AN ORDINANCE ACCEPTING THE BID OF WILKINS CONSTRUCTION CO., INC., IN THE AMOUNT OF $495,784 FOR RIVERFRONT PARK LAND MASS SCOUR PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah accepts the bid of Wilkins Construction Co., Inc., in the amount of $495,784, for the Riverfront Land Mass Scour Project, said bid being in substantial compliance with bid specifications, and advertisement for bids, as contained in the bid of Wilkins Construction Co., Inc., of August 26, 2021. SECTION 2. That the Mayor is hereby authorized to execute a contract Wilkins Construction Co., Inc., for the Riverfront Land Mass Scour Project, authorized in Section 1 above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. The expenditure shall be charged to the Land Mass Project Account DT0051. SECTION 4. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ George Bray, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners, _______________________ Adopted by the Board of Commissioners, ________________________ Recorded by Lindsay Parish, City Clerk, __________________________ Published by The Paducah Sun, _________________________________ \ord\eng\agree- Wilkins Construction Riverfront Park Land Mass Scour 00500 AGREEMENT Page 1 of 2 CITY OF PADUCAH, KENTUCKY ENGINEERING DEPARTMENT AGREEMENT FOR PADUCAH LAND MASS FLOOD SCOUR PROJECT THIS AGREEMENT, made this day of , 20__ by and between the CITY OF PADUCAH, hereinafter called the OWNER, and , hereinafter called the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and services necessary for the construction of the PADUCAH LAND MASS FLOOD SCOUR PROJECT. All Work shall be in accordance with this Agreement, the Plans, Specifications and any Addendum(s) issued. Throughout the performance of this Contract, the Engineering Department of the City of Paducah shall, in all respects, be acting as both Engineer and agent for the Owner, City of Paducah. All work done by the Contractor shall be completed under the general supervision of the Engineer. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Contractor hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the project One Hundred and Twenty consecutive calendar days thereafter. Failure of the Contractor to complete the work in the time specified above plus any extensions allowed in accordance with the General Conditions shall result in the assessment of liquidated damages for the delay (not as a penalty). Liquidated damages shall be in the amount of $500.00 per consecutive calendar day for failure to meet the final completion date and shall be withheld from final payment. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein: () as quoted in the Bid Proposal by the Contractor dated which shall constitute full compensation for the work and services authorized herein. ARTICLE 4. PROGRESS PAYMENTS The Contractor may submit each month, and no more than once a month, a Request for Payment for work completed in accordance with the Specifications. The Owner will make partial payments on or about thirty (30) days after submission of a properly completed invoice and approval of the completed work. At the Engineer’s discretion, a ten percent (10%) retainage may be held until final completion and acceptance of the work. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due sixty, (60) days after substantial completion of the work, provided the work will then be fully completed and the Contract fully performed in accordance with the specifications. 00500 AGREEMENT Page 2 of 2 ARTICLE 6. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 7. THE CONTRACT DOCUMENTS The Plans, Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. CONTRACTOR CITY OF PADUCAH, KENTUCKY BY __________________________ BY ____________________________ TITLE ________________________ George Bray, Mayor ADDRESS: ADDRESS: _____________________________ Post Office Box 2267 ______________________________ Paducah, Kentucky 42002-2267 Agenda Action Form Paducah City Commission Meeting Date: September 14, 2021 Short Title: Setting Tax Levies: Ad Valorem Properties FY2022 - J PERKINS Category: Ordinance Staff Work By: Jonathan Perkins Presentation By: Jonathan Perkins Background Information: Real estate and personal property tax levies for the City’s General Fund and Paducah Junior College (PJC) are proposed to be set as per the attached ordinance. The City’s General Fund real estate tax levy is proposed to be $.271 per $100 assessed value (AV). The proposed FY2022 rate is 61% of what the rate was in FY1995, when the City made a conscious effort to lower real estate tax rates. The City’s General Fund personal tax levy is proposed to be $.390 per $100 AV. The proposed FY2022 rate is 23% less than the FY1995 rate. The City eliminated inventory taxes years ago in order to encourage inventory-rich business growth in Paducah. The City’s inventory rate was phased out over a four-year period, 1998 through 2002, and fully eliminated in FY2003. The inventory tax would have netted revenue nearly $801,000 in FY2022, if it were still in place today. Staff proposes the City’s tax levy be set at 27.1 cents per $100 AV. The FY2022 compensating rate is 26.1 cents per $100 AV and Kentucky Revised Statutes (KRS) permits a city to adjust the compensating rate upward by not more than 4%, in this case to 27.1 cents. From FY2001 to FY2022, the City of Paducah lowered its real estate tax levy by 2.9 cents, while others increased their tax levy during the same time period. The property tax levy ordinance will be introduced on September 14, 2021 with the second and final reading on September 28, 2021. Since the City’s proposed tax levy is more than the ‘compensating rate’ of 26.1 cents per $100 AV, a public hearing is required; a public hearing is scheduled for September 14, 2021. Does this Agenda Action Item align with a Commission Priority? No If yes, please list the Commission Priority: Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Recommend that the Mayor and Commission adopt the proposed 2021-2022 real estate and personal ad valorem tax levies as proposed. Attachments: 1.Tax Rate FY2022 K:\City Clerk\CITY CLERK\ORD\FINANCE\Tax Rate FY2022.Docx ORDINANCE NO. 2021-09-_______ AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2021 THROUGH JUNE 30, 2022, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. There is hereby levied for the period from July 1, 2021, through June 30, 2022, upon all taxable real property within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of twenty seven and 1/10 cents ($.271) upon each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 2. There is hereby levied for the period from July 1, 2021, through June 30, 2022, upon all taxable personal property including motor vehicles and watercraft, except for inventory, within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of thirty-nine cents ($0.390) upon each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 3. All taxes levied by Section 1 and 2 of this ordinance are necessary and required in order to provide revenue to meet the requirements of the budget ordinance adopted by the Board of Commissioners, and the proceeds of such tax levies and all other revenue of the City not specifically allocated to other purposes shall be deposited into the General Fund of the City to be expended as provided in the budget ordinance for the period from July 1, 2021, through June 30, 2022. SECTION 4. There is hereby further levied an ad valorem tax of one and 6/10 cents ($0.016) on each one hundred dollars ($100.00) of assessed valuation of all real property subject to taxation for municipal purposes in said City for the period from July 1, 2021, through June 30, 2022, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 5. There is hereby further levied an ad valorem tax of one and 6/10 cents ($0.016) on each one hundred dollars ($100.00) of assessed valuation of all personal property subject to taxation, except for inventory, for municipal purposes in said City for the period from July 1, 2021, through June 30, 2022, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. K:\City Clerk\CITY CLERK\ORD\FINANCE\Tax Rate FY2022.Docx SECTION 6. There is hereby further levied an ad valorem tax of three and 1/10 cents ($0.031) on each one hundred dollars ($100.00) of assessed valuation of all motor vehicles and watercraft property subject to taxation for municipal purposes in said City for the period from July 1, 2021, through June 30, 2022, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 7. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all real property in said City subject to taxation for school purposes. Pursuant to said resolution, the Board of Education budgets and levies the following taxes for the period from July 1, 2021, through June 30, 2022, an ad valorem tax of eighty-six and 4/10 cents ($0.864) on each one hundred dollars ($100.00) assessed valuation of all real property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 8. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all personal property in said City subject to taxation for school purposes. Pursuant to said resolution, the Board of Education budgets and levies the following taxes for the period from July 1, 2021, through June 30, 2022, an ad valorem tax of eighty-six and 4/10 cents ($0.864) on each one hundred dollars ($100.00) assessed valuation of all personal property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 9. The taxes levied under this ordinance are summarized as follows: PURPOSE RATE PER $100 GENERAL FUND OF THE CITY: Real Property $0.271 Personal Property (except inventory) $0.390 Motor Vehicles and watercraft $0.390 SCHOOL PURPOSES: PADUCAH JUNIOR COLLEGE Real Estate $0.016 Personal Property (except inventory) $0.016 Motor Vehicles and watercraft $0.031 SECTION 10. The City of Paducah shall collect the following taxes for the Board of Education: PADUCAH INDEPENDENT SCHOOL DISTRICT Real Property $0.864 Personal Property (including inventory) $0.864 K:\City Clerk\CITY CLERK\ORD\FINANCE\Tax Rate FY2022.Docx SECTION 11. Property taxes levied herein shall be due and payable in the following manner: (1) In the case of tax bills which reflect an amount due of less than One Thousand Dollars ($1,000.00), the payment shall be due on November 1, 2021, and shall be payable without penalty and interest until November 30, 2021. (2) In the case of all other tax bills, payment shall be in accordance with the following provisions: (a) The first half payment shall be due on November 1, 2021, and shall be payable without penalty and interest until November 30, 2021. (b) The second half payment shall be due on February 1, 2022, and shall be payable without penalty and interest until February 28, 2022. SECTION 12. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and part thereof separately and independent of each other. SECTION 13. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ______________________________ Mayor ATTEST: ____________________________ Lindsay Parish, City Clerk Introduced by the Board of Commissioners September 14, 2021 Adopted by the Board of Commissioners September 28, 2021 Recorded by Lindsay Parish, City Clerk, September __, 2021 Published by The Paducah Sun, September __, 2021 ORD\FINANCE\Tax Rate FY2022