HomeMy WebLinkAbout2022-11-8753ORDINANCE 2022-11-8753
AN ORDINANCE APPROVING A CHANGE ORDER TO THE AGREEMENT FOR
DEMOLITION SERVICES WITH MIKE GOODE EXCAVATING TO INCREASE THE
AGREEMENT TO A NOT -TO -EXCEED AMOUNT OF $80,000 FOR EMERGENCY
PARTION DEMOLITION SERVICES TO THE KATTERJOHN BUILDING LOCATED AT
1501 BROADWAY; RATIFYING THE CITY MANAGER'S DECLARATION OF AN
EMERGENCY AND EXECUTION OF SAID CHANGE ORDER AND DECLARING AN
EMERGENCY TO EXIST
WHEREAS, Evergreen Development, the owner of 1501 Broadway, failed to
keep the property secured, mowed, clear of rubbish and debris, and otherwise allowed the
property to fall further into a state of disrepair, nuisance, and in violation of the Paducah Code of
Ordinances; and
WHEREAS, the City has received numerous reports of vagrants and children
entering and exiting the "Katterjohn building" located at 1501 Broadway; and
WHEREAS, Evergreen further failed to respond to no less than 24 citations,
notices, and correspondence requesting the nuisances be abated, resulting in City personnel and
City contractors performing abatement at 1501 Broadway throughout 2022; and
WHEREAS, after the Katterjohn building's roof was observed collapsing and
attempts to secure the building had failed, the building was condemned on September 13, 2022
and notice was mailed to Evergreen Development and posted to the property; and
WHEREAS, the Condemnation notice and subsequent Failure to Comply notice
were returned to the City by the USPS as "undeliverable";
WHEREAS, a structural engineer from Gardner Engineering Consulting, PLLC
has made a determination that the structure is not safe for public occupancy and several portions
of the building(s) on the property must be demolished immediately;
WHEREAS, the City Manager has made a written determination that an
emergency exists which will cause public harm as a result of the delay in competitive
procedures, in accordance with the City of Paducah Code of Ordinances Sec. 2-659 and KRS
45A.380; and
WHEREAS, the City Manager entered into an agreement for Demolition and
removal services on behalf of the City of Paducah with Mike Goode Excavating; and
WHEREAS, the Board of Commissioners adopted Ordinance No. 2022-10-8751
on October 25, 2022, which ratified the Agreement for Demolition Services with Mike Goode
Excavating for the emergency partial demolition at 1501 Broadway in an amount of $60,000;
and
WHEREAS, due to the amount of hazardous material at the site and the special
precautions required to properly dispose of said hazardous material, the final amount of the
contract must be increased; and
WHEREAS, the City Commission now wishes to increase the authorized amount
of the agreement to a not -to -exceed amount of $80,000.
NOW THEREFORE, BE IT ORDAINED BY BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
Section 1. Authorizations & Recitals. The City hereby authorizes and approves Change
Order No. 1 to the Agreement for Demolition Services with Mike Goode Excavating, in the not -
to -exceed amount of $80,000.00 for emergency partial demolition of portions of the Katterjohn
building located at 1501 Broadway. Further, the City hereby ratifies the City Manager's
agreement for demolition services and ratifies the City Manager's declaration of an emergency.
This expenditure shall be charged to Project Account # MR0094 (ARPA-Katterjohn).
Section 2. Emergency Declared. Pursuant to KRS 83A.060(7), the City Commission
suspends the requirement of a second reading of this ordinance. As grounds therefore, the City
Commission does hereby declare an emergency to exist due to the need for immediate action to
prevent public harm that could result from the instability of the building.
Section 3. Effective Date. This ordinance shall become effective immediately upon its
adoption by affirmative vote of 2/3 or more of the legislative b
George Bray, Mayor
ATTEST: q
indsay Paris , City Clerk
Introduced & Adopted by the Board of Commissioners, November 15, 2022
Recorded by Lindsay Parish, Paducah City Clerk, November 15, 2022
Published by The Paducah Sun, November 18, 2022
ORD\Emergency - Katterjohn Demolition 2022 — Mike Goode Excavating Change Order 1