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Home My WebLink AboutAgenda Packet 01-11-2022CITY COMMISSION MEETING AGENDA FOR JANUARY 11, 2022 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 NEW EMPLOYEE INTRODUCTIONS Kari Freeman, Senior Admin Assistant (Finance) & Melanie Reason, Business Development Specialist (Planning) PRESENTATION Audit Presentation - David Hampton, Kemper CPA Group MAYOR'S REMARKS 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 December 14, 2021 B.Receive & File Documents C.Personnel Actions D.Accept Donation of Property Located at 2009 Guthrie Avenue - G CHERRY II. BOARD APPOINTMENTS A.Creative & Cultural Council - Appointment of Morgan Walker & Basil Drossos III. MUNICIPAL ORDER(S) A.Approve Bank Account Signatories for Section 8 Accounts - J PERKINS & T HOLLIMON IV. ORDINANCE(S) - ADOPTION A. Authorize Annexation Incentives - J SOMMER V. COMMENTS A.Comments from the City Manager B.Comments from the Board of Commissioners C.Comments from the Audience VI. EXECUTIVE SESSION December 14, 2021 At a Regular Meeting of the Paducah Board of Commissioners held on Tuesday, December 14, 2021, at 5:00 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor George Bray presided. Upon call of the roll by the City Clerk, the following answered to their names: Commissioners Gault, Guess, Henderson, Wilson, Mayor Bray (5). INVOCATION Commissioner Henderson led the invocation. PLEDGE OF ALLEGIANCE Mayor Bray led the pledge. MAYOR ’S REMARKS Communications Manager Pam Spencer offered the following summary: “Mayor George Bray and the Board voiced their empathy and long-term support to Mayfield and all of the communities that have been devastated by last Friday’s tornado. Since Friday, Paducah’s Fire and Police Departments, 911 dispatching, Paducah Power, Paducah Water, and Paducah-McCracken County Joint Sewer Agency have been supporting the emergency response efforts in Mayfield. Mayor Bray mentioned that numerous organizations and churches are organizing to collect monetary donations and items to assist those impacted by the tornado. Mayor Bray outlined four tornado relief programs that are accepting monetary donations.” NEW EMPLOYEE INTRODUCTIONS Parks Director Amie Clark introduced Jared Marsden and Suzanne Davidson, Assistant Directors for Parks and Recreation. Assistant City Manager Michelle Smolen introduced Senior Administrative Assistant Beverly Underwood and Business Systems Analyst Lori Dortch. PRESENTATIONS: Communications Manager Pam Spencer offered the following summaries: Christmas Parade Winners presented by the Parks & Recreation Department The parade top award winners are as follows: Themed Float – McCracken County Schools Religious Float – Kids in Christ of Salt & Light Non-float – MelRhea Balloons School Float – Paducah Middle School Band – McCracken County Band LOVE Award Winners The Board and City Manager Daron Jordan recognized the employees who are receiving LOVE awards this year. The Living Our Values Every Day Awards recognize employees who embrace the City’s organizational values. The employees are nominated by other employees with a city employee team reviewing the nominations to select one employee (or team of employees) for each of the six organizational values. Be sure to check the City’s social media pages this week to see the names of employees nominated for each value and images of the award recipients. The award recipients are as follows: December 14, 2021 Action-Oriented: Kristi Gray, Finance Department Customer Experience: Melanie Guardian, Finance Department Every Person Matters: John Saxton, Public Works Department Fiscal Responsibility: Taylor Morsching, Parks and Recreation Department Personal Accountability: Claudia Meeks, City Clerk’s Office Solution-Driven: Jim Scutt, Public Works Department Mayor’s Award of Excellence The Mayor’s Award of Excellence is a newly created award for the Mayor to periodically recognize community members who have contributed greatly in making a significant and lasting impact in the community or outstanding employees who have provided exemplary service and commitment to the organization. Communications Manager Pam Spencer is the first recipient of the award due to her dedication, hard work, and can-do attitude in supporting the Mayor and City Manager’s Office during a recent staff transition. Pam willingly accepted extra duties and worked additional hours to support City services. Mayor Bray said, “We are grateful to Pam for going the extra mile. She genuinely cares about the success of the office, the people in it, and exemplifies qualities that all should follow.” CONSENT AGENDA Mayor Bray asked if the Board wanted any items on the Consent Agenda removed for separate consideration. Mayor Bray asked the City Clerk to read the items on the Consent Agenda. I(A) Approve Minutes for the November 23, 2021 Paducah Board of Commissioners Meeting I(B) RECEIVE AND FILE DOCUMENTS: Contract File: 1. Kentucky Infrastructure Authority Federally Assisted Clean Water Revolving Loan Fund Conditional Commitment Letter – Increase – MO #2510 2. Fleet Maintenance Service Agreement with City of Metropolis – MO #2523 3. Agreement to Continue to Employ Stefanie Suazo as Director of Human Resources – MO #2524 4. Pavement Management Agreement – Bacon, Farmer, Workman – ORD 2021-11-8714 Financials File: 1. Paducah Water Works – period ending October 31, 2021 I(C) Appointment of George Cumbee and Reappointment of Jackie M. “Jay” Matheny to the Barkley Regional Airport Authority. Said terms shall expire December 31, 2025. I(D) Reappointment of Kristin Williams and Vick Patel and Appointment of Michael Cochran and Sherry Kahne to the Paducah Convention & Visitors Bureau. Said terms shall expire December 31, 2024 and December 31, 2022, respectively. I(E) Appointment of Chris Hook to the Board of Assessment Appeals. Said term shall expire December 31, 2024. I(F) Personnel Actions I(G) A MUNICIPAL ORDER AMENDING THE FY2021-2022 POSITION AND PAY SCHEDULE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY December 14, 2021 (MO #2526; BK 12) I(H) A MUNICIPAL ORDER ADOPTING AN AMENDMENT TO THE FY2021-2022 PAY GRADE SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY (MO #2527; BK 12) I(I) A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1142 NORTH 14TH STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF RAHIM SHABAZZ IN THE AMOUNT OF $500 FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (MO #2528; BK 12) I(J) A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1126 PARK AVENUE TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF ELNORA J. STEVENSON IN THE AMOUNT OF $400 FOR PURCHASE OF SAID REAL PROPERTY AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (MO #2529; BK 12) I(K) A MUNICIPAL ORDER APPROVING AND AUTHORIZING A FIRST SUPPLEMENTAL ASSISTANCE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE AUTHORITY FOR PROJECT NUMBER A18-028 (MO #2530; BK 12) I(L) A MUNICIPAL ORDER AUTHORIZING THE FIRST RENEWAL OF THE 2020-2021 FUEL SUPPLY AGREEMENT WITH JSC TERMINAL, LLC, DBA MIDWEST TERMINAL FOR THE 2022 CALENDAR YEAR, AND AUTHORIZING THE MAYOR TO EXECUTE SAID RENEWAL AGREEMENT (MO #2531; BK 12) I(M) A MUNICIPAL ORDER ACCEPTING THE BID OF ATLANTIC EMERGENCY SOLUTIONS FOR SALE TO THE CITY OF ONE (1) PUMPER TRUCK IN THE AMOUNT OF $613,206, FOR USE BY THE PADUCAH FIRE DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (MO #2532; BK 12) I(N) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN ASSISTANCE TO FIREFIGHTERS MATCHING GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE AMOUNT OF $11,340 FOR EMERGENCY BAILOUT KITS FOR THE PADUCAH FIRE DEPARTMENT (MO #2533; BK 12) I(O) A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN ASSISTANCE TO FIREFIGHTERS MATCHING GRANT APPLICATION AND ALL DOCUMENTS NECESSARY THROUGH THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE AMOUNT OF $190,930.83 FOR STATION EXHAUST SYSTEMS FOR THE PADUCAH FIRE DEPARTMENT (MO #2534; BK 12) Commissioner Gault offered Motion, seconded by Commissioner Guess that the items on the consent agenda be adopted as presented. December 14, 2021 Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). ORDINANCE ADOPTION APPROVE RIGHT-OF-WAY CLOSINGS RUNNING NEAR CLARK STREET, POLK STREET AND WASHINGTON STREET Commissioner Guess offered motion, seconded by Commissioner Gault, that the Board of Commissioners adopt an Ordinance entitled, “AN ORDINANCE PROVIDING FOR THE CLOSING OF 399.78’ OF SOUTH 22ND STREET; 100’ OF CLARK STREET; A 12.5’ WIDE, 50’ LONG ALLEY; 50’ OF A 20’ WIDE ALLEY AND 239.3’ OF AN APPROXIMATE 15’ ALLEY; AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME.” This Ordinance is summarized as follows: That the City of Paducah does hereby authorize the closing of 399.78’ of South 22nd Street; 100’ of Clark Street; a 12.5’ wide, 50’ long alley; 50’ of a 20’ wide alley and 239.3’ of an approximately 15’ alley, and authorizes, empowers and directs the Mayor to execute a quitclaim deed from the City of Paducah to the property owner in or abutting the public way to be closed. Adopted on call of the roll yeas, Commissioners Gault, Guess, Henderson, Wilson and Mayor Bray (5). (ORD 2021-12-8718; BK 36) ORDINANCE INTRODUCTION ANNEXATION INCENTIVES Commissioner Guess offered Motion, seconded by Commissioner Gault, that the Board of Commissioners introduce an Ordinance entitled, “A proposed motion that the Board of Commissioners introduce an Ordinance entitled, “AN ORDINANCE AUTHORIZING THE USE OF SPECIFIC ANNEXATION INCENTIVES TO BE USED FOR THE GROWTH OF THE CITY OF PADUCAH.” Said Ordinance is summarized as follows: The City of Paducah may develop and utilize incentives to offer consensually annexed property owners meeting the requirements of KRS 81A.412 including but not limited to the following: A. Property Tax Rebate Incentive. This incentive will reimburse a property owner the City of Paducah real estate property tax revenues collected for five years with a defined beginning and ending date as approved by the Board of Commissioners within a Memorandum of Agreement with the property owner. B. Sanitation Incentive. This incentive will allow for the City to provide free basic sanitation service for up to one year up to $10,000.00 with specific conditions to be outlined within a Memorandum of Agreement with the property owner. C. Closing Cost Incentive. This incentive will allow a one-time lump sum payment to a property owner equal to the amount of closing costs with a cap of $1,000.00 with the explicit intent to sell the property once it is in the City limits with specific conditions to be outlined within a Memorandum of Agreement with the property owner. DISCUSSIONS December 14, 2021 Communications Manager Pam Spencer offered the following summaries Public Works Department Update – Chris Yarber “Public Works Director Chris Yarber provided to the Board an overview of the department’s divisions and responsibilities, the projects completed this year, and what is scheduled for the upcoming calendar year. Public Works includes facility maintenance, fleet maintenance, solid waste collection, and street maintenance. A few of the accomplishments this year include the remodeling of the Sexton House in Oak Grove Cemetery, increasing the number of outside service agreements in the fleet maintenance division, assisting with Southside Rise & Shine events, and installing new street identification signs in the Lowertown neighborhood. Projects in the works include adding GPS systems on the solid waste vehicles to improve route efficiencies and improving the landscaping and aesthetics downtown with trash cans, benches, and planters.” Bond & ARPA Funding Discussion – Mayor Bray “Mayor Bray and the Board discussed the funding allocations for the $19.8 million bond issued in 2020 and the $6.4 million in American Rescue Plan Act of 2021 (ARPA) funds that the City of Paducah is receiving. Regarding the bond, the City has obligated $12.5 million to the outdoor sports complex and $2.9 million to the new terminal project at Barkley Regional Airport. This leaves $4.4 million in unobligated bond funds. Regarding the ARPA funding, the City has obligated $4 million of the $6.4 million to stormwater projects. Projects being discussed for the unobligated funds include the 911 infrastructure upgrade and assistance to community non-profits.” COMMENTS CITY MANAGER Holiday Schedule –City Hall will be closed 12/23, 12/24, 12/30 and 12/31 City’s Employee Christmas Luncheon will be Thursday, December 15 11:00 a.m. to 1:00 p.m. We are supporting a southside business by hosting this year’s luncheon at Soirées. COMMISSIONER COMMENTS Commissioner Henderson saw a video on Facebook of Paducah Police Officers attending a Father/Daughter Dance at Morgan Elementary. He said he was very encouraged by the community involvement of these officers. ADJOURN Commissioner Wilson offered motion, seconded by Commissioner Gault, 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) TIME ADJOURNED: Approximately 6:46 p.m. ADOPTED: January 11, 2022 December 14, 2021 ______________________________ George P. Bray, Mayor ATTEST: _______________________________ Lindsay Parish, City Clerk (January 11, 2021 RECEIVE AND FILE DOCUMENTS: Minute File: 1. Notice of Cancellation for the Board of Commissioners – December 28, 2021 Deed File: 1. Deed of Conveyance – Elizabeth Hurst Seaton to the City of Paducah Buckner Lane– MO #2456 2. Deed and Permanent Easement – Elizabeth J. Season – to City of Paducah – Buckner Lane Project – MO #2456 3. Deed of Conveyance – City of Paducah to Millwork Products – 1039 Madison Street MO #2505 Contract File: 1. Agreement with JSC Terminal, LLC, dba Mid West Terminal -City of Paducah’s Fuel Supply – MO #2531 2. Agreement with Atlantic Emergency Solutions to purchase one pumper truck. MO #2532 Financials File: 1. Paducah Water Works - Financial Statements – Years ended June 30, 2021 and 2020 2. Paducah-McCracken County Riverport Authority – Years ended June 30, 2021 and 2020 3. Market House Theatre – Financial Statements – Years ended June 30, 2021 and 2020 CITY OF PADUCAH January 11, 2022 Upon the recommendation of the City Manager's Office, the Board of Commissioners of the City of Paducah order that the personnel changes on the attached list be approved. Michelle Smolen City Manager's Office Signature 6-Jan-22 Date CITY OF PADUCAH PERSONNEL ACTIONS NEW HIRES - FULL-TIME (F/T) ADMINSITRATION POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Reasons, Hope Grants Administrator $24.04/hr NCS Ex January 13, 2022 E911 POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Dennis, Mackenzie Telecommunicator $17.49/hr NCS Non-Ex January 13, 2022 Fauver, Coby Telecommunicator $17.49/hr NCS Non-Ex January 27, 2022 NEW HIRES - PART-TIME (P/T) PARKS & RECREATION POSITION RATE OF PAY NCS/CS FLSA EFFECTIVE DATE McConnell, Randy Recreation Leader - Athletics $11.00/hr NCS Non-Ex December 16, 2021 PAYROLL ADJUSTMENTS/TRANSFERS/PROMOTIONS/TEMPORARY ASSIGNMENTS PREVIOUS POSITION CURRENT POSITION ADMINISTRATION AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Shaw, Emma Enterprise Resource Planning Manager Enterprise Resource Planning Manager NCS Ex January 13, 2022 $35.18/hr $36.06/hr PREVIOUS POSITION CURRENT POSITION E-911 AND BASE RATE OF PAY AND BASE RATE OF PAY NCS/CS FLSA EFFECTIVE DATE Abbott, Hannah Telecommunicator Telecommunicator NCS Non-Ex January 13, 2022 $20.03/hr $20.63/hr Buckingham, Rebecca Telecommunicator Telecommunicator NCS Non-Ex January 13, 2022 $22.63/hr $23.31/hr Bugg, Gregory Patrick Telecommunicator Telecommunicator NCS Non-Ex January 13, 2022 $17.93/hr $18.97/hr Burrow, Ashley Telecommunicator Telecommunicator NCS Non-Ex January 13, 2022 $22.69/hr $23.37/hr Fowler, Hillary Acting Shift Supervisor Acting Shift Supervisor NCS Non-Ex January 13, 2022 $20.62/hr $22.24/hr Goins, Stephanie Telecommunicator Telecommunicator NCS Non-Ex January 13, 2022 $24.29/hr $26.02/hr Hood, Robyn E-911 Communication Services Manager E-911 Communication Services Manager NCS Ex January 13, 2022 $40.53/hr $41.75/hr Lambert, Sarah 911 System Administrator 911 System Administrator NCS Ex January 13, 2022 $25.49/hr $26.25/hr Martin, Tara Telecommunicator Telecommunicator NCS Non-Ex January 13, 2022 $21.37/hr $23.01/hr Peery, Laura Senior Administrative Assistant Senior Administrative Assistant NCS Non-Ex January 13, 2022 $24.71/hr $25.45/hr Reed, Taryn Telecommunicator Telecommunicator NCS Non-Ex January 13, 2022 $23.82/hr $24.53/hr Scutt, Auston Telecommunicator Telecommunicator NCS Non-Ex January 13, 2022 $19.07/hr $19.45/hr Spears, Amber Shift Supervisor Assistant E-911 Comm. Serv. Manager NCS Ex January 13, 2022 $26.76/hr $32.11/hr Taylor, Serena Shift Supervisor Shift Supervisor NCS Non-Ex January 13, 2022 $24.28/hr $24.52/hr CUSTOMER EXPEREINCE Sherwood, Alexandra C.Sr. Customer Experience Representative Sr. Customer Experience Representative NCS Ex January 13, 2022 $21.80/hr $22.35/hr FIRE - SUPPRESSION King, Cary Firefighter / EMT Relief Driver / EMT NCS Non-Ex December 16, 2021 $15.37/hr $16.20/hr Bell, Joshua Firefighter Appointee Firefighter NCS Non-Ex December 30, 2021 $13.90/hr $13.90/hr Bucher, Jordan Firefighter Appointee Firefighter NCS Non-Ex December 30, 2021 $13.90/hr $13.90/hr King, Jeremy Firefighter Appointee Firefighter NCS Non-Ex December 30, 2021 $13.90/hr $13.90/hr Stenberg, James W.Firefighter Appointee Firefighter NCS Non-Ex December 30, 2021 $13.90/hr $13.90/hr Tuck, Aaron Firefighter Appointee Firefighter NCS Non-Ex December 30, 2021 $13.90/hr $13.90/hr January 11, 2022 CITY OF PADUCAH PERSONNEL ACTIONS January 11, 2022 HUMAN RESOURCES Orr, Sabrina Administrative Assistant Administrative Assistant NCS Non-Ex January 13, 2022 $19.16/hr $19.64/hr PLANNING Hutchison, Nicholas Director of Planning Director of Planning NCS Ex December 30, 2021 $43.12/hr $44.20/hr POLICE Antonites, Nathan Captain Captain NCS Ex January 13, 2022 $38.65/hr $39.81/hr Baxter, Christopher Captain Captain NCS Ex January 13, 2022 $39.62/hr $40.81/hr Copeland, Anthony J.Assistant Chief - Operations Assistant Chief - Support Services NCS Ex December 30, 2021 $43.64/hr $43.64/hr Copeland, Anthony J.Assistant Chief - Support Services Assistant Chief - Support Services NCS Ex January 13, 2022 $43.64/hr $45.83/hr Crowell, Justin Assistant Chief - Support Services Assistant Chief - Operations NCS Ex December 30, 2021 $43.64/hr $43.64/hr Crowell, Justin Assistant Chief - Operations Assistant Chief - Operations NCS Ex January 13, 2022 $43.64/hr $45.83/hr Barkley, Meridith Evidence Technician Evidence Technician NCS Non-Ex January 13, 2022 $17.04/hr $17.56/hr Farrell, Mary Records Clerk Records Clerk NCS Non-Ex January 13, 2022 $16.93/hr $17.44/hr Fooshee, Amanda Senior Evidence Technician Senior Evidence Technician NCS Non-Ex January 13, 2022 $18.90/hr $19.47/hr Hayes, Joseph A.Captain Captain NCS Ex January 13, 2022 $39.80/hr $41.00/hr Hodges, William J.Detective Sergeant Operations Captain NCS Ex January 13, 2022 $31.91/hr $36.70/hr Miller, Sabrina Records Clerk Records Clerk NCS Non-Ex January 13, 2022 $16.77/hr $17.28/hr Miller, Vicki L.Records Clerk Records Clerk NCS Non-Ex January 13, 2022 $19.89/hr $20.49/hr Newberry, Robin L.Senior Administrative Assistant Senior Administrative Assistant NCS Non-Ex January 13, 2022 $27.55/hr $28.38/hr Newlon, Kimberly G.Senior Records Clerk Senior Records Clerk NCS Non-Ex January 13, 2022 $20.15/hr $20.76/hr Smith, Matthew L.Captain Captain NCS Ex January 13, 2022 $39.80/hr $41.00/hr Travis, Amy P.Records Manager Records Manager NCS Ex January 13, 2022 $22.14/hr $22.81/hr Watson, Travis L.Operations Sergeant Detective Sergeant NCS Non-Ex January 13, 2022 $31.91/hr $31.91/hr PUBLIC WORKS Marquiss, Aaron Fleet Mechanic II Fleet Mechanic II NCS Non-Ex January 13, 2022 $20.50/hr $21.12/hr PARKS & RECREATION POSITION REASON EFFECTIVE DATE Stapleton, Carrie Park Ranger Resignation December 29, 2021 FIRE - SUPPRESSION POSITION REASON EFFECTIVE DATE Gossum, Michaela Firefighter Termination January 3, 2022 PARKS & RECREATION Wilson, Lessa Senior Administrative Assistant Retirement December 31, 2021 PUBLIC WORKS Fraliex, Kyle Fleet Mechanic II Resignation December 31, 2021 TERMINATIONS - PART-TIME (P/T) TERMINATIONS - FULL-TIME (F/T) Agenda Action Form Paducah City Commission Meeting Date: January 11, 2022 Short Title: Accept Donation of Property Located at 2009 Guthrie Avenue - G CHERRY Category: Municipal Order Staff Work By: Greg Cherry Presentation By: Greg Cherry Background Information: The current owner Sheri Johnson would like to donate this property to the City of Paducah. This will benefit the City to receive this property versus foreclosure expenses. This property will be turned over to Planning for future re-development. 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: Authorize Mayor Bray to sign the deed transferring 2009 Guthrie Avenue to the City of Paducah. Attachments: 1.prop donated –2009 Guthrie Avenue MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER ACCEPTING THE DONATION OF REAL PROPERTY LOCATED AT 2009 GUTHRIE AVENUE FROM SHERI JOHNSON TO THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE THE DEED CONSIDERATION CERTIFICATE BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners hereby approves and consents to the donation of the property located at 2009 Guthrie Avenue from Sheri Johnson. SECTION 2. The Mayor is hereby authorized to execute the Consideration Certificate in the Deed of Conveyance to accept the donation of property as approved in Section 1 above. It is determined that it is necessary and desirable and in the best interest of the City to accept this donation and execute the Consideration Certificate contained in said Deed of Conveyance, which deed of conveyance and consideration certificate are hereby authorized and approved. SECTION 3. 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, January 11, 2022 Recorded by Lindsay Parish, City Clerk, January 11, 2022 \mo\prop donated –2009 Guthrie Avenue Agenda Action Form Paducah City Commission Meeting Date: January 11, 2022 Short Title: Approve Bank Account Signatories for Section 8 Accounts - J PERKINS & T HOLLIMON Category: Municipal Order Staff Work By: Lindsay Parish, Jonathan Perkins, Nicholas Hutchison Presentation By: Jonathan Perkins Background Information: On November 15, 2018, the City entered into a Housing Choice Voucher Program Management Agreement with the Housing Authority of Paducah, which transferred management of the Housing Choice Voucher Program (also known as the Section 8 Program) to the Housing Authority. At that time, signatories from both the City and the Housing Authority were assigned to bank accounts for the Section 8 Program. Those signatories now need to be updated to reflect current positions. The bank requires approval of signatories to be adopted by the Board of Commissioners and reflected in the minutes of the meeting. To fulfill the requirement, this Municipal Order authorizes Housing Authority Board Chairperson Edward Narozniak, Housing Authority Executive Director Tommy Hollimon and Paducah Planning Director Nicholas Hutchison as signatories on the bank accounts for the Section 8 Program. 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.Section 8 bank account signatory MUNICIPAL ORDER NO. _______ A MUNICIPAL ORDER AUTHORIZING PLANNING DIRECTOR NICHOLAS HUTCHISON, HOUSING AUTHORITY CHAIRPERSON EDWARD NAROZNIAK, AND HOUSING AUTHORITY EXECUTIVE DIRECTOR TOMMY HOLLIMON, JR. AS AUTHORIZED SIGNATORIES TO THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM BANK ACCOUNTS WITH US BANK AND REGIONS BANK BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Board of Commissioners hereby approves and authorizes the designation of Planning Director Nicholas Hutchison, Housing Authority Chairperson Edward Narozniak, and Housing Authority Executive Director Tommy Hollimon, Jr. as the signatories to the Section 8 Housing Choice Voucher Program Bank Accounts with US Bank and Regions Bank. SECTION 2. 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, January 11, 2022 Recorded by Lindsay Parish, City Clerk, January 11, 2022 \mo\Section 8 bank account signatory Agenda Action Form Paducah City Commission Meeting Date: January 11, 2022 Short Title: Authorize Annexation Incentives - J SOMMER Category: Ordinance Staff Work By: Josh Sommer, Nicholas Hutchison, Jonathan Perkins, Chris Yarber Presentation By: Josh Sommer Background Information: Pursant to the Board of Commissioner's priorities, incentives for annexation have been developed. Does this Agenda Action Item align with a Commission Priority? Yes If yes, please list the Commission Priority: This aligns with the annexation priority. Communications Plan: Funds Available:Account Name: Account Number: Staff Recommendation: Approval of the Incentive ordinance Attachments: 1.Annexation Incentives 2022 2.Staff Report - Annexation Incentives 3.Annexation Memorandum of Agreement - Closing Costs 4.Annexation Memorandum of Agreement - Property Tax 5.Annexation Memorandum of Agreement - Sanitation ORDINANCE NO. 2022-______-________ AN ORDINANCE AUTHORIZING THE USE OF SPECIFIC ANNEXATION INCENTIVES TO BE USED FOR THE GROWTH OF THE CITY OF PADUCAH WHEREAS, The Board of Commissioners for the City of Paducah finds: That Annexation Incentives will attract commercial, industrial and residential developments into the City of Paducah. That the City of Paducah’s economic well-being is related to and in many respects dependent upon, sustained growth of its population and tax revenue base through annexation of contiguous territories. That Annexation Incentives will increase the revenue tax base necessary to meet various capital needs, maintain infrastructure & facilities, promote economic development and will aid in the maintenance of existing infrastructure & facilities. That Annexation Incentives will help maintain growth, which encourages a healthy economy. That Annexation Incentives will increase the population base of the City of Paducah, therefore increasing the possibilities of becoming a designated urbanized area. That Annexation Incentives will promote filling in unincorporated gaps between incorporated areas that are presently served with City of Paducah services; and WHEREAS, it is the intent of the Board of Commissioners to enact an ordinance providing for annexation incentives to be offered by the City of Paducah as aforementioned stated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1 Incentives. The City of Paducah may develop and utilize incentives to offer consensually annexed property owners meeting the requirements of KRS 81A.412 including but not limited to: A. Property Tax Rebate Incentive. This incentive will reimburse a property owner the City of Paducah real estate property tax revenues collected for five years with a defined beginning and ending date as approved by the Board of Commissioners within a Memorandum of Agreement with the property owner. B. Sanitation Incentive. This incentive will allow for the City to provide free basic sanitation service for up to one year up to $10,000.00 with specific conditions to be outlined within a Memorandum of Agreement with the property owner. C. Closing Cost Incentive. This incentive will allow a one-time lump sum payment to a property owner equal to the amount of closing costs with a cap of $1,000.00 with the explicit intent to sell the property once it is in the City limits with specific conditions to be outlined within a Memorandum of Agreement with the property owner. SECTION 2. 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 3. 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 4. 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 Lindsay Parish, City Clerk, __________________________ Published by The Paducah Sun,_________________________________ ORD/Annexation Incentives 2022 STAFF REPORT BOARD OF COMMISSIONERSANX CONSIDERATIONS The City of Paducah Planning Department has developed annexation incentives in order to encourage residential, commercial and industrial growth. A multi-departmental approach was taken, specifically working closely with the Public Works and Finance Departments, to develop these incentives. In order to take advantage of any proposed incentive, the property must be annexed consensually into the City, pursuant to KRS 81A.412. This statute stipulates that the property owners must give written consent to being annexed. The Planning Department would work with property owners wishing to annex to help them take advantage of annexation incentives. An annexation ordinance would be introduced to the Board of Commissioners for first and second reading. A Municipal Order, outlining the annexation incentive terms within a Memorandum of Agreement, would be introduced at the meeting where the second reading would be held with the goal of simultaneous approval. In the event a non-consensual annexation is being undertaken, the Municipal Order would be introduced at the final annexation ordinance for any properties wishing to consensually annex. The proposed ordinance also stipulates that other incentive programs can be developed and utilized. Any incentive program must first receive legal review and approval before implementation. The Planning Department’s allocated annexation budget would go toward funding the incentives, as well as surveying costs and the costs associated with the relative indebtedness of the corresponding county fire district. Three different annexation incentives are being proposed at this time. Samples of a Memorandum of Agreement for each are attached. The different types of proposed incentives are: Property Tax Reimbursement. In exchange for an agreement to annex, the City would reimburse a property owner the City of Paducah real estate property tax revenues collected from the agreed- upon date adopted by the Board of Commissioners within the MOA. The reason this is a reimbursement incentive is because the City also collects other taxes such as Paducah Junior College and library taxes. This is an incentive the City of Owensboro utilizes. The property must be consensually annexed pursuant to KRS 81A.412 The term of the agreement would be five years with a defined beginning and ending date. The property owner would be paid the reimbursement regardless if the property is sold or transferred. The property owner must notify the Finance Department if the mailing address changes. The Finance Department would pay the property owner upon the collection of the City property taxes, which includes library, school district, etc. Sanitation Incentive. In exchange for an agreement to annex, the City would provide free basic sanitation service for one year up to $10,000.00 with conditions as outlined below. This is also an incentive the City of Owensboro utilizes. The property must be consensually annexed pursuant to KRS 81A.412. Basic sanitation is the regular, scheduled pick-up of roll-outs or dumpsters. The Public Works Department will track the dollar value of the sanitation service. If the total dollar value of the basic sanitation service exceeds $10,000 within the year, regular sanitation service fees will be added to the Property Owner’s monthly water bill beginning on the next month following when the $10,000 were exceeded. Appliances, brush, mattresses and other items that require special equipment or additional visits by Public Works are not covered under the agreement. Construction dumpsters are not covered under the agreement. The one-year agreement follows the property and can be transferred to another owner of the same property within the annexed area, which means lots can be created or structures built which can take advantage of this incentive within the one-year time frame. In the event the City cannot service the property due to type of refuse, volume of refuse or other factors as determined by Public Works, fees will not be reimbursed as generated by any third-party waste disposal company. Closing Cost Incentive. This incentive is proposed to be a one-time lump sum payment to a property owner equal to the amount of closing costs with a cap of $1,000.00 with the explicit intent to sell the property once it is in the City limits. The property must be consensually annexed pursuant to KRS 81A.412. The property owner shall provide proof of closing costs. The proposed agreement would cover the property annexed into the City, not any lots subsequently created and sold. A W-9 would be required from the Property Owner to be submitted with the closing costs. A 1099 Form would be sent to the Property Owner for tax purposes. The property must be sold within 18 months of annexation – the purpose of which is to make sure funds are not held up for other properties that wish to utilize this incentive. This incentive is not intended to be used in conjunction with either the Property Tax or Sanitation incentives. RECOMMENDED MOTION Approval of the Incentive Ordinance. *** 1 MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT made and entered into this _____ day of _____________, 2021, by and between the City of Paducah, Kentucky, 300 South 5th Street Paducah, KY 42003, (hereafter referred to as “City”), and JED Rentals, LLC, 1518 East 11th Street, Owensboro, KY 42303-0841, (hereafter referred to as “Property Owner”). City and Property Owner are each a “Party” and collectively the “Parties”. RECITALS WHEREAS, the Property Owner is the owner of a certain tract of real property consisting of approximately 3.461 acres, more or less, which is located at 3509 Fairview Drive, Owensboro, KY and referred to as Mallard Landing; and WHEREAS, the Property Owner’s property is presently located in an unincorporated area of McCracken County that is contiguous to the corporate boundaries of the City and when annexed, developed, and/or sold will utilize and benefit from municipal services including public safety and sanitation; and WHEREAS, the City of Paducah has established an annexation incentive program to provide annexation incentives into the City; and WHEREAS, the Property Owner wishes to voluntarily participate in the City annexation incentive program whereby Mallard Landing shall be annexed into the corporate limits of the City of Paducah; and WHEREAS, the social and economic well being of the City is directly related to, and in many respects dependent upon; the growth of the City and its tax revenue base through annexation of contiguous territories. In order to meet various capital needs, especially in the area of public safety, provide and maintain infrastructure and other public facilities, promote 2 economic development and continue to provide affordable, quality municipal services to taxpayers, the City deems it to be in its best interest to encourage and induce contiguous developments to become part of Paducah through consensual annexation; with all services, rights, privileges and other amenities appertaining thereto; and WHEREAS, as an incentive to the Property Owner to incorporate Mallard Landing into the City through consensual annexation in order to make all municipal services available to said property and to facilitate overall municipal growth, the Parties enter into an agreement by which the Property Owner will receive a lump sum reimbursement of the amount of closing costs not to exceed one thousand ($1,000) dollars upon the sale of Mallard Landing. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained herein, the Parties agree as follows: SECTION 1. ANNEXATION: Mallard Landing shall be annexed into the City pursuant to KRS 81A.412. SECTION 2. CLOSING COST INCENTIVE: (A) Under the terms of this Agreement, the City will provide the Property Owner a lump sum reimbursement of the amount of closing costs not to exceed one thousand ($1,000) dollars of the sale of Mallard Landing. (B) It is expressly stated and agreed that the reimbursement is for the property sold, not for any subsequent lots that are created and subsequently sold. (C) The Property Owner shall provide proof of the closing costs to the Planning Department. (D) A W-9 Form will be required from the Property Owner submitted with the proof of closing costs. 3 (E) The Property Owner understands and agrees that a 1099 Form will be sent to them for tax purposes. (F) The property must be sold within eighteen (18) months of annexation. SECTION 3. DEFAULT; REMEDIES: This Agreement may be terminated by the City, by written notice, in the event the Property Owner breaches any one or more of the terms and conditions set forth herein, including following all City ordinances and Planning & Zoning requirements and fails to cure said breach within a reasonable time after written notice thereof. This Agreement may be terminated by the Property Owner in the event the City fails to reimburse the Property Owner on the terms and conditions set forth herein and fails to cure said breach within a reasonable time after written notice thereof by the Property Owner. Upon a material breach of this Agreement by either party, the non-breaching party shall be entitled to all remedies provided by law nor shall the City’s total liability ever exceed one hundred percent (100%) of the total verified sum of all City of Paducah Property Tax Revenues collected by the City from Mallard Landing, whichever is less. SECTION 4. NOTICES: Any written notices or requests required under the terms of this agreement shall be given to the following: CITY: City of Paducah Attention: Director of Planning 300 South 5th Street Paducah, KY 42003 PROPERTY OWNER: JED RENTALS, LLC 1518 EAST 11th STREET Owensboro, Kentucky, 42303 4 SECTION 5. AGREEMENT NULL AND VOID: This Agreement shall terminate, and otherwise become null and void, and neither party shall have any further liability to the other, if Mallard Landing described herein is not incorporated into the City by the Paducah Board of Commissioners or the Commonwealth of Kentucky through consensual annexation or, if for any reason, Mallard Landing is de-annexed at any time. SECTION 6. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the Parties and supersedes all prior agreements, promises, communications, representations, whether oral or written, by any employee, officer, or representative of either Party hereto. There are no promises, representations, covenants, undertakings, restrictions or conditions other than those expressly set forth herein. Any subsequent amendment hereto shall be in writing and executed by authorized representatives of both Parties. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns, provided, however; that this Agreement shall not be transferred or assigned to a different property owner. SECTION 7. SEVERABILITY: The provisions of this Agreement are independent of, and severable from, each other and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason, other provisions herein may be invalid or unenforceable, in whole or in part. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable as written, a court may interpret, construe, rewrite or revise such provision, to the fullest extent allowed by law, so as to make it valid and enforceable consistent with the intent of the Parties. In the event a court of competent jurisdiction finally determines that any portion of this Agreement is invalid or unenforceable as written, neither Party shall have any liability to the other as a result thereof. 5 IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement as of the day and year first hereinabove written. CITY OF PADUCAH: By __________________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk J.E.D. RENTALS, LLC: By _________________________________ Paul Davis, Manager 1 MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT made and entered into this _____ day of _____________, 2021, by and between the City of Paducah, Kentucky, 300 South 5th Street Paducah, KY 42003, (hereafter referred to as “City”), and JED Rentals, LLC, 1518 East 11th Street, Owensboro, KY 42303-0841, (hereafter referred to as “Property Owner”). City and Property Owner are each a “Party” and collectively the “Parties”. RECITALS WHEREAS, the Property Owner is the owner of a certain tract of real property consisting of approximately 3.461 acres, more or less, which is located at 3509 Fairview Drive, Owensboro, KY and referred to as Mallard Landing; and WHEREAS, the Property Owner’s property is presently located in an unincorporated area of McCracken County that is contiguous to the corporate boundaries of the City and when annexed, developed, and/or sold will utilize and benefit from municipal services, including public safety and sanitation; and WHEREAS, the City of Paducah has established an annexation incentive program to provide annexation incentives into the City; and WHEREAS, the Property Owner wishes to voluntarily participate in the City annexation incentive program whereby Mallard Landing shall be annexed into the corporate limits of the City of Paducah; and WHEREAS, the social and economic well being of the City is directly related to, and in many respects dependent upon; the growth of the City and its tax revenue base through annexation of contiguous territories. In order to meet various capital needs, especially in the area of public safety, provide and maintain infrastructure and other public facilities, promote 2 economic development, and continue to provide affordable, quality municipal services to taxpayers, the City deems it to be in its best interest to encourage and induce contiguous developments to become part of Paducah through consensual annexation, with all services, rights, privileges and other amenities appertaining thereto; and WHEREAS, as an incentive to the Property Owner to incorporate Mallard Landing into the City through consensual annexation in order to make all municipal services available to said property and to facilitate overall municipal growth, the Parties enter into an agreement by which the City will reimburse the Property Owner the total City of Paducah property tax revenues derived from any property located therein, over a designated five (5) year period for Mallard Landing. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained herein, the Parties agree as follows: SECTION 1. ANNEXATION: Mallard Landing shall be annexed into the City pursuant to KRS 81A.412. SECTION 2. PROPERTY TAX INCENTIVE: (A) Under the terms of this Agreement, the City will reimburse the Property Owner the total City of Paducah property tax revenues derived from any property located therein over a designated five (5) year period for Mallard Landing. (B) The City of Paducah property tax to be reimbursed by the City to the Property Owner under this Agreement shall be paid solely from property tax revenues derived by the City, hereafter referred to as “Tax Revenues,” over a defined period of five (5) years for Mallard Landing (the “Reimbursement Term”). 3 (C) It is understood that all reimbursements provided in this Agreement shall be made solely to the present Property Owner and not to any subsequent developer, purchasers, tenants or other interests present or future. The Property Owner shall promptly inform the City of Paducah Finance Department upon any change of address to which payments are to be sent. (D) It is agreed that in the event the Property Owner sells, transfers and/or leases any part of Mallard Landing, the Property Owner shall continue to receive the incentive payments as defined in this Agreement. It is understood that the incentive payments are to be paid directly to the Property Owner regardless as to who owns and/or leases the properties provided the Property Owner is in compliance with all terms of this Agreement. (E) Limitation on Reimbursement of City of Paducah property tax: The City’s maximum liability to the Property Owner for reimbursement shall not exceed the total verified sum of all City Property Tax Revenues over a designated five (5) year period for Mallard Landing. (F) This Agreement shall commence upon its execution by both the Parties and the reimbursement term shall begin on January 1, 2020 for a period of five (5) years terminating on January 1, 2025. This Agreement shall remain in full force and effect for the duration of the designated time period. At the end of the reimbursement term, this provision of this Agreement shall be null and void. SECTION 3. DEFAULT; REMEDIES: This Agreement may be terminated by the City, by written notice, in the event the Property Owner breaches any one or more of the terms and conditions set forth herein, including following all City ordinances and Planning & Zoning requirements and fails to cure said breach within a reasonable time after written notice thereof. This Agreement may be terminated by the Property Owner in the event the City fails to 4 reimburse the Property Owner on the terms and conditions set forth herein and fails to cure said breach within a reasonable time after written notice thereof by the Property Owner. Upon a material breach of this Agreement by either party, the non-breaching party shall be entitled to all remedies provided by law nor shall the City’s total liability ever exceed one hundred percent (100%) of the total Real Estate property tax paid to the City of Paducah as collected from Mallard Landing. SECTION 4. NOTICES: Any written notices or requests required under the terms of this agreement shall be given to the following: CITY: City of Paducah Attention: Director of Planning 300 South 5th Street Paducah, KY 42003 PROPERTY OWNER: JED RENTALS, LLC 1518 EAST 11th STREET Owensboro, Kentucky, 42303 SECTION 5. AGREEMENT NULL AND VOID: This Agreement shall terminate, and otherwise become null and void, and neither party shall have any further liability to the other, if Mallard Landing described herein is not incorporated into the City by the Paducah Board of Commissioners or the Commonwealth of Kentucky through consensual annexation or, if for any reason, Mallard Landing is de-annexed at any time. SECTION 6. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the Parties and supersedes all prior agreements, promises, communications, representations, whether oral or written, by any employee, officer, or representative of either Party hereto. There are no promises, representations, covenants, 5 undertakings, restrictions, or conditions other than those expressly set forth herein. Any subsequent amendment hereto shall be in writing and executed by authorized representatives of both Parties. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns, provided, however, that this Agreement shall not be transferred or assigned to a different property owner. SECTION 7. SEVERABILITY: The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason, other provisions herein may be invalid or unenforceable, in whole or in part. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable as written, a court may interpret, construe, rewrite or revise such provision, to the fullest extent allowed by law, so as to make it valid and enforceable consistent with the intent of the Parties. In the event a court of competent jurisdiction finally determines that any portion of this Agreement is invalid or unenforceable as written, neither Party shall have any liability to the other as a result thereof. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement as of the day and year first hereinabove written. CITY OF PADUCAH: By __________________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk 6 J.E.D. RENTALS, LLC: By _________________________________ Paul Davis, Manager 1 MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT made and entered into this _____ day of _____________, 2021, by and between the City of Paducah, Kentucky, 300 South 5th Street Paducah, KY 42003, (hereafter referred to as “City”), and JED Rentals, LLC, 1518 East 11th Street, Owensboro, KY 42303-0841, (hereafter referred to as “Property Owner”). City and Property Owner are each a “Party” and collectively the “Parties”. RECITALS WHEREAS, the Property Owner is the owner of a certain tract of real property consisting of approximately 3.461 acres, more or less, which is located at 3509 Fairview Drive, Owensboro, KY and referred to as Mallard Landing; and WHEREAS, the Property Owner’s property is presently located in an unincorporated area of McCracken County that is contiguous to the corporate boundaries of the City and, when annexed, developed, and/or sold will utilize and benefit from municipal services, including public safety and sanitation; and WHEREAS, the City of Paducah has established an annexation incentive program to provide annexation incentives into the City; and WHEREAS, the Property Owner wishes to voluntarily participate in the City annexation incentive program whereby Mallard Landing shall be annexed into the corporate limits of the City of Paducah; and WHEREAS, the social and economic well being of the City is directly related to, and in many respects dependent upon; the growth of the City and its tax revenue base through annexation of contiguous territories. In order to meet various capital needs, especially in the area of public safety, provide and maintain infrastructure and other public facilities, promote 2 economic development and continue to provide affordable, quality municipal services to taxpayers, the City deems it to be in its best interest to encourage and induce contiguous developments to become part of Paducah through consensual annexation, with all services, rights, privileges and other amenities appertaining thereto; and WHEREAS, as an incentive to the Property Owner to incorporate Mallard Landing into the City through consensual annexation in order to make all municipal services available to said property and to facilitate overall municipal growth, the Parties enter into an agreement by which the Property Owner will receive free basic sanitation service, not to exceed ten thousand ($10,000) dollars-worth of basic sanitation service, over a designated one (1) year period for Mallard Landing. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained herein, the Parties agree as follows: SECTION 1. ANNEXATION: Mallard Landing shall be annexed into the City pursuant to KRS 81A.412. SECTION 2. SANITATION INCENTIVE: (A) Under the terms of this Agreement, the City will provide the Property Owner with free basic sanitation service, not to exceed ten thousand ($10,000) dollars-worth of basic sanitation service, over a designated one (1) year period for Mallard Landing. (B) Basic sanitation service includes the regular, scheduled pick-up of roll-outs or dumpsters. Appliances, mattresses, brush and the like that requires special equipment or additional visits by Public Works personnel to retrieve said items will not be covered under this Agreement. Construction dumpsters shall not be covered under this agreement. 3 (C) It is understood that sanitation service may be transferred to another owner of the property or any lot within the annexed area for the duration of the one (1) year time frame. (D) It is agreed and understood that the City of Paducah Public Works Department will track the total dollar value of basic sanitation service rendered for Mallard Landing. In the event the total dollar value of basic sanitation service exceeds ten thousand ($10,000) dollars within the one (1) year time frame, regular sanitation service fees will be added to the Property Owner’s monthly water bill beginning on the month next following when the ten thousand ($10,000) dollars were exceeded. (E) It is agreed and understood that in the event sanitation service cannot be provided by the City due to the type of refuse, volume of refuse or other contributing factors as determined by the City of Paducah Public Works Department and another disposal company is required, the fees generated by the disposal company will not be reimbursed. (F) This Agreement shall commence upon its execution by both the Parties and the sanitation term shall begin on January 1, 2020 for a period of one (1) year terminating on January 1, 2021, unless the basic sanitation service exceeds ten thousand ($10,000) dollars as stipulated herein. This Agreement shall remain in full force and effect for the duration of the designated time period. At the end of the sanitation service term, this provision of this Agreement shall be null and void. SECTION 3. DEFAULT; REMEDIES: This Agreement may be terminated by the City, by written notice, in the event the Property Owner breaches any one or more of the terms and conditions set forth herein, including following all City ordinances and Planning & Zoning requirements and fails to cure said breach within a reasonable time after written notice thereof. This Agreement may be terminated by the Property Owner in the event the City fails to provide 4 basic sanitation services on the terms and conditions set forth herein and fails to cure said breach within a reasonable time after written notice thereof by the Property Owner. Upon a material breach of this Agreement by either party, the non-breaching party shall be entitled to all remedies provided by law nor shall the City’s total liability ever exceed one hundred percent (100%) of the total verified sum of all Property Tax Revenues collected by the City from Mallard Landing, whichever is less. SECTION 4. NOTICES: Any written notices or requests required under the terms of this agreement shall be given to the following: CITY: City of Paducah Attention: Director of Planning 300 South 5th Street Paducah, KY 42003 PROPERTY OWNER: JED RENTALS, LLC 1518 EAST 11th STREET Owensboro, Kentucky, 42303 SECTION 5. AGREEMENT NULL AND VOID: This Agreement shall terminate, and otherwise become null and void, and neither party shall have any further liability to the other, if Mallard Landing described herein is not incorporated into the City by the Paducah Board of Commissioners or the Commonwealth of Kentucky through consensual annexation or, if for any reason, Mallard Landing is de-annexed at any time. SECTION 6. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the Parties and supersedes all prior agreements, promises, communications, representations, whether oral or written, by any employee, officer or representative of either Party hereto. There are no promises, representations, covenants, 5 undertakings, restrictions or conditions other than those expressly set forth herein. Any subsequent amendment hereto shall be in writing and executed by authorized representatives of both Parties. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns within the area defined as Mallard Landing. SECTION 7. SEVERABILITY: The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason, other provisions herein may be invalid or unenforceable, in whole or in part. If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable as written, a court may interpret, construe, rewrite or revise such provision, to the fullest extent allowed by law, so as to make it valid and enforceable consistent with the intent of the Parties. In the event a court of competent jurisdiction finally determines that any portion of this Agreement is invalid or unenforceable as written, neither Party shall have any liability to the other as a result thereof. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement as of the day and year first hereinabove written. CITY OF PADUCAH: By __________________________________ George Bray, Mayor ATTEST: ________________________________ Lindsay Parish, City Clerk 6 J.E.D. RENTALS, LLC: By _________________________________ Paul Davis, Manager