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COMMONWEALTH OF KENTUCKY
CITY OF PADUCAH
ORDINANCE NO. 98-8-5927
AN ORDINANCE OF THE PADUCAH CITY COMMISSION
ESTABLISHING A JOINT SEWER AGENCY
WHEREAS, the legislative bodies of the City of Paducah and
McCracken County have established the need to provide a
comprehensive wastewater collection and treatment system within
McCracken County; and
WHEREAS, the legislative bodies of the City of Paducah and
McCracken County have agreed that the need for the aforementioned
system would best be administered by a separate legal entity; and
WHEREAS, the legislative bodies of the City of Paducah and
McCracken County agree that Board appointments to this entity shall
consist of representatives from both the City of Paducah and
McCracken County; and
WHEREAS, the legislative bodies of the City of Paducah and
McCracken County have selected a joint sewer agency to be the legal
entity, as set forth in KRS 76.231, to administer and provide
comprehensive wastewater services for Paducah and McCracken County;
and
WHEREAS, KRS 76.231 provides for the creation of a joint sewer
agency upon the enactment of identical ordinances establishing and
setting out the powers of the joint sewer agency by both the
legislative bodies of the City of Paducah and McCracken County; and
WHEREAS, in order to establish the joint sewer agency, the
City of Paducah and McCracken County have decided to merge into the
joint sewer agency Sanitation District No. 5 (Concord), Sanitation
District No. 2 (Lone Oak), the sanitary sewer facilities and
operations of Woodlawn Water and Sewer District and Reidland Water -
Sewer District, and the sanitary and combined sewer facilities and
operations of the City of Paducah Wastewater and Stormwater Utility
Division (hereinafter "Existing Agencies").
NOW, THEREFORE, be it ordained by the City of Paducah and
McCracken County Fiscal Court, jointly, as follows:
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SECTION 1. Establishment of Joint Sewer Agency
In order to provide for the protection of public health,
safety, and welfare of its -citizens, there is hereby created and
established, under and pursuant to the provisions of KRS 76.231, a
joint sewer agency (hereinafter "Agency") to own, manage, control,
and operate regional comprehensive wastewater facilities within
McCracken County. The jurisdiction of the Agency shall include all
of McCracken County, including the City of Paducah and the City of
Lone Oak.
SECTION 2. Board
(a) The Agency shall be managed by a Board of Directors
(hereinafter "Board") consisting of seven (7) persons, one of whom
shall be a sitting member of the Paducah City Commission and
elected by the Commission, one of whom shall be a sitting member of
the McCracken County Fiscal Court and elected by the Fiscal Court,
two (2) of whom shall be appointed by the Mayor of the City of
Paducah and subject to approval of the City Commission, two (2) of
whom shall be appointed by the McCracken County Judge -Executive and
subject to approval of the Fiscal Court, and one (1) of whom shall
be jointly appointed by both the Mayor and the County Judge -
Executive, subject to the approval of both legislative bodies.
(b) Members of the Board shall be persons of outstanding
reputations for ability and integrity, shall be at least 25 years
of age, a resident of McCracken County for a period of no less than
three years. No person shall be appointed a member of the Board
who is related within the third degree to the Mayor, the Judge -
Executive, or any member of the governing body of the city or
county.
(c) Initial Board appointments shall be as follows: the
jointly appointed member shall serve a one (1) year term; the
representatives of the McCracken County Fiscal Court and the
Paducah City Commission shall serve a two (2) year term; one (1)
appointment by each governing body shall serve a two (2) year term;
one (1) appointment by each governing body shall serve a three (3)
year term. All private sector appointments made at the conclusion
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of the initial term shall thereafter be for a term of four (4)
years, except that-:,;t'e representatives of the McCracken County
Fiscal Court 'and the Paducah City Commission shall serve two (2)
year terms.
(d) In the event of a Board vacancy and also at least thirty
(3 0 ) days preceding the expiration of the term of office of any
appointed Board member, a successor shall be appointed by the
appropriate government body. However, the incumbent member shall
serve until such time as the vacancy has been filled. All
vacancies shall be filled for the unexpired term.
(e) Any Board member shall be eligible for reappointment upon
expiration of their term; however, no member shall serve more than
two consecutive terms.
(f) Any person who shall have held an elective office within
McCracken County shall not be eligible for appointment until at
least one (1) year after the expiration of the term for which the
appointee was elected. Except for the representatives of the
legislative bodies on the Board, no employees of the City of
Paducah or McCracken County shall be eligible for appointment as a
member of the Board.
(g) Each appointed Board member shall be removable for
"cause", which shall mean inefficiency, neglect of duty,
malfeasance or conflict of interest. Any member of the Board
appointed by the Mayor may be removed by the Paducah City
Commission, for cause, after hearing by the Paducah City
Commission, and after at least ten (10) days' notice in writing
shall have been given to the member, specifying the charges against
the member. The finding of the Paducah City Commission shall be
final and removal results in vacancy in such office. Any member of
the Board appointed by the Judge -Executive may be removed by the
McCracken County Fiscal Court, for cause, after hearing by the
McCracken County Fiscal Court, and after at least ten (10) days'
notice in writing shall have been given to the member, specifying
the charges against -the member. The finding of the McCracken
County Fiscal Court shall be final and removal results in vacancy
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in such office. A member subjected to removal proceedings may be
represented by counsel -
(h) Any appointed Board member failing to attend three (3)
regularly -scheduled successive meetings, or a minimum of seventy-
five percent (75%) of all meetings within a one year period,
without cause acceptable and approved by the Board, shall
automatically be removed from office, and the vacancy shall be
filled as provided for herein.
(i) Each Board member shall be insured by the Agency against
liability for acts and omissions as a member of the Board.
(j) Members of the Board shall be paid Two Hundred Dollars
($200.00) per month and shall be reimbursed for mileage and out-of-
ut-of-pocket
pocketexpenses for Agency business conducted outside of McCracken
County.
(k) All members of the Board shall be required to comply with
any applicable rules, regulations and reporting requirements
established by the appropriate city or county ethics commission.
SECTION 3. Fiscal Year
The fiscal year of -the Agency shall begin on July 1 of each
year and end on June 30 next following.
SECTION 4. Meetings of Board; Quorum
(a) The Board shall meet no less than once per month, and may
adopt rules and bylaws for the time and location of their meetings
and conduct thereof.
(b) A majority of the members of the Board shall constitute
a quorum, and the affirmative majority vote of a minimum of three
(3) affirmative votes shall be required for the adoption of any
motion, measure', or resolution.
(c) A permanent record of Board proceedings shall be
maintained, and shall be available for inspection as a public
record, in accordance with the procedures established in the
Kentucky Open Records Act.
SECTION 5. officers and Employees
(a) The jointly appointed member of the Board shall serve as
its Chairperson during the first year, and the members of the Board
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shall elect from its members a Vice Chairperson., Beginning with
the second year--,�r d-' continuing annually thereafter, the members of
the Board shall elect the Chairperson and Vice Chairperson. The
Chairperson shall preside at all meetings when present, and shall
call special meetings on the Chair's own motion or when requested
to do so by three (3) other Board members. The Vice Chairperson
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hall reside at meeting in which the Chairperson is absent.
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(b) The Board shall have the power to employ, fix the
compensation of, and discharge at will an Executive Director and/or
Chief Engineer, and a Secretary -Treasurer. The Board, through the
Executive Director, shall direct, employ, fix the compensation of,
and discharge at will any employees of the Agency. The Board shall
have the power to establish rules and regulations for all employees
of the Agency.
(c) The Board shall require the Executive Director and/or
Chief Engineer and Secretary -Treasurer to execute a bond, and may
exact from such of its other officers and employees bonds as it
deems expedient. All bonds shall be payable to the Agency in the
sums as the Board may fix with approved corporate surety, and
premiums therefor shall be paid by the Agency. The bonds shall
obligate the makers thereof to faithfully perform the duties of
their respective offices and positions and to fully account for and
pay over all money, property, or other thing of value of the
Agency, which may come into their possession, custody or control.
(d) The Board may also employ, and remove at pleasure,
accountants, engineers, legal counsel, professional and technical
advisors or services, experts, and other persons, skilled or
unskilled, as it deems requisite for the performance of its duties.
(e) The Board shall fix the salaries and compensation of the
officers and employees it engages.
( f ) No person shall be hired as an employee of the Agency who
is related within the third degree to the Mayor, the Judge -
Executive, any member of the governing body of the city or the
county, any member of the Board, the executive director and/or
chief engineer, or the secretary -treasurer.
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(g) The Agency may contract with the City of Paducah or
McCracken County for.. -financial, engineering, personnel and other
services it deems expedient.
SECTION 6. Merger; Agency to Take Over Existing Facilities
(a) After the Agency has organized, obtained approval of the
Kentucky Public Service Commission (if required), and made all
necessary arrangements to assume or refinance the debts and
liabilities of the Existing Agencies, the sanitary and combined
sewer facilities of the Existing Agencies shall be merged into the
Agency, together with all contracts, books, maps, plans, papers and
records, of whatever description pertaining to or relating to the
design, construction, maintenance, operation, and affairs of the
Existing Agencies, and shall thereafter be assigned, transferred,
and dedicated to the use of and be in possession, and under the
jurisdiction, control, and supervision of the Agency. The Existing
Agencies shall also assign, transfer and convey to the Agency all
property (whether real, personal or mixed), easements, equipment,
inventory, accounts receivable, contracts and rights thereunder and
causes of action owned by the Existing Agencies. The Agency shall
thereafter have complete jurisdiction, control, possession, and
supervision, of all sanitary and combined sewer systems and
facilities in the City of Paducah and McCracken County.
(b) Upon establishment of the Agency, the Agency shall
immediately make a determination of all existing assets,
liabilities, easements, personnel, control, management, and
authority of the Existing Agencies to be transferred to, and become
a part of, the Agency. All Existing Agencies are expected to
cooperate fully with the Agency and each Existing Agency shall
promptly prepare a comprehensive list of its assets, liabilities,
easements, and personnel.
(c) All personnel of the Existing Agencies shall be offered
employment by the Agency, and shall retain all existing and accrued
benefits, including but not limited to, wages and/or salaries,
vacations, sick leave, years of service and pension investment.
All employees of the Agency shall be employees at will.
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(d) At such time as the transfer of assets, liabilities,
tinq,Aqencies is
easements, per and authority of the � Exis
complete, theExistingAgencies shall no longer retain any power or
authority and shall be dissolved.
(e) In the event that the legislative bodies of the City of
Paducah and the McCracken County Fiscal Court decide to dissolve
the Agency, all existing assets, liabilities, easements, personnel
and authority shall 'be distributed as stipulated in identical
ordinances approved and adopted by both governing bodies.
SECTION 7. General Powers of the Agency
The Agency created under this ordinance is empowered:
(a) To have full and complete jurisdiction, control,
possession, and supervision of the sanitary and combined sewer
systems in McCracken County, including the maintenance, operation,
reconstruction, and improvements to the same as a regional
comprehensive sanitary and combined sewer system; to make
additions, betterments, and extensions thereto; and to have all the
privileges, and jurisdiction necessary or proper for carrying such
powers into execution. No enumeration of powers shall operate to
restrict the meaning of this general grant of power, or to exclude
other powers comprehended within this general grant. .
(b) To prepare or cause to be prepared, and to be thereafter
revised and adopted, plans, designs, and estimates of costs, of a
system of trunk, intercepting, connecting, lateral and outlet
sewers, pumping and ventilating stations, disposal and treatment
plants and works, and all other appliances and structures which in
the judgment of the Board will provide an effective and
advantageous means for relieving McCracken County from inadequate
sanitary drainage and from inadequate sanitary disposal and
treatment of the sewage thereof, and may take all steps the Board
deems proper and necessary.
(c) To construct any additions, betterments and extensions to
the facilities of the Agency by contract or under, through, or by
means of its own officers, agents and employees.
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(d) To establish, construct, operate and maintain, as a part
of the sanitary:. sewer.,system of the Agency, sewage treatment and
disposal plants and systems and all the appurtenances and
appliances thereunto belonging. The sewage treatment and disposal
plants may be located anywhere the Board deems expedient.
(e) To acquire and hold the personal property the Board deems
necessary and proper for carrying out the corporate purposes of the
Agency, and to dispose of personal property when the Agency has no
further need therefor.
(f) To acquire by purchase, gift, lease, or by condemnation,
real property or any interest, right, easement, or privilege
therein, as the Board determines necessary, proper and convenient
for the purposes of the Agency, and to use the same so long as the
Agency's existence continues. Condemnation proceedings may be
instituted in the name of the Agency pursuant to a resolution of
the Board declaring the necessity for the taking, and the method of
condemnation shall be the same as provided in the Eminent Domain
Act of Kentucky. When the Board by resolution declares that any
real property which it has acquired, or any interest therein, is no
longer necessary or useful to the Agency, the real property and
interest therein may be disposed of. If any property to be
disposed of has been acquired by condemnation and has not been used
by the Agency for the purpose condemned, the Agency shall first
offer to sell the property back to the original owner for its then -
existing fair market value.
(g) To make bylaws, regulations and agreements for the
management and regulation of its affairs and for the regulation of
the use of property under its control, including the power to
establish pretreatment regulations.
(h) To make contracts and execute all instruments necessary
or convenient in the premises.
(i) To recommend and initiate all user charges adequate to
meet the projected revenue requirements necessary to maintain and
operate the complete sanitary and combined sewer collection system
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and treatment. facilities in a manner that complies with federal and
state requiremcr
(j) To borrow money and issue negotiable revenue bonds to
provide for the rights of the holders thereof, and to assume
existing financial obligations of any of the Existing Agencies.
(k) To enter any lands, waters, and premises for the purpose
of making surveys, soundings and examinations.
(1) To require payment by customers for wastewater service
provided and tap-on fees.
(m) To discontinue service for non-payment and to make
agreements with water service providers for the discontinuance of
water service to delinquent customers.
(n) To approve or revise the plans and designs of all
wastewater treatment facilities proposed to be constructed,
altered, or reconstructed, including but not limited to, sewer
lines and pump stations, by any other person or corporation, public
or private, within McCracken County, in order to insure that such
proposed construction, alteration, or reconstruction shall conform
to, and be a part of, a comprehensive wastewater plan for McCracken
County. No construction or extensions in the City of Paducah shall
be started until, firstly, the City Engineer, and secondly, the
Agency have approved the plans. No construction or extensions in
McCracken County outside the City of Paducah shall be started
until, firstly, the County Engineer, and secondly, the Agency have
approved the plans. These projects shall also be subject to
inspection and supervision by the Agency.
(o) To prepare a budget annually for wastewater activities,
effective beginning with fiscal year July 1, 1999.
SECTION 8. Privately Constructed Sewers to be Approved
(a) Any person or corporation, public or private, in
McCracken County shall submit for approval plans and designs for
sanitary sewers to be constructed by written application -to the
Agency.
(b) An application for approval of plans or designs of
sanitary sewers to be constructed shall be referred by the Agency
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to the City Engineer or County Engineer, as determined by the area
of jurisdiction for..,.:;,which the project is proposed, for approval.
After approval by the appropriate engineer, the Agency shall have
the right to examine, inspect and investigate the sufficiency of
the proposed facilities to serve the purposes intended, and to
establish and make reasonable charges for such services as may be
required to make such investigation.
(c) The construction of any sanitary sewer facilities shall
be subject to inspection and supervision by the Agency to assure
the protection of public health and the proper completion of such
facility for the purposes intended, and the Agency shall charge for
such inspection and supervision on the basis of the actual cost of
inspection plus a reasonable additional cost of supervision.
SECTION 9. Rates and Charges; Use of Funds of Agency; Cutting
Off Sewer and Water Service to Delinquents
(a) The existing user rates and charges as established by the
Existing Agencies shall be adopted by the Agency. All user rates
and charges to be collected from all the real property within
McCracken County served by facilities of the Agency shall remain in
effect until such time as an adjustment thereof has been approved
by the Paducah City Commission and McCracken County Fiscal Court.
Notwithstanding the foregoing, all tap -on fees previously
established by the Existing Agencies on existing sewer lines at the
time the Agency is created shall not be changed. Any proposed
adjustments of the schedule of rates and charges shall be
recommended by the Agency at a joint meeting of the Paducah City
Commission and McCracken County Fiscal' Court. The Paducah City
Commission and McCracken County Fiscal Court shall approve or
disapprove all rate changes recommended by the Agency by majority
vote of each body. Neither the Paducah City Commission nor the
McCracken County Fiscal Court shall have the authority to initiate
rate changes. If for any reason the Paducah City Commission and
McCracken County Fiscal Court cannot agree to amendments to a rate
schedule, the current schedule shall remain in effect until such
time as an agreement can be reached.
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The schedule of rates and charges may be based upon either:
(i) the co isumpt`ion of water on premises connected with the
facilities, taking into consideration commercial and industrial use
of water; or
(ii) the number and kind of plumbing fixtures connected with
the facilities; or
(iii) the number of persons served by the facilities; or
(iv) may be determined by the Agency on any other basis or
classification which the Agency determines to be fair and
reasonable, whether similar or dissimilar to those enumerated,
except that the schedule shall be equitable for all residential
property; or
(v) any combination thereof.
This schedule may include additional charges for treatment of
sewage, with a surcharge where the sewage contains industrial waste
or other waste in excess of limitations established by the
regulations of the Agency.
(b) Prior to modification of the schedule of rates and
charges, the Agency shall adopt a proposed schedule and publish
notice thereof pursuant to KRS Chapter 424. The notice so
published shall be dated as of the date of first publication
thereof and shall state that the proposed or revised schedule of
rates and charges will remain open for inspection in the office of
the Agency for thirty (30) days from the date of the notice, and
that objections thereto in writing may be filed during that period
with the Agency by any person aggrieved thereby. The Board shall
examine and hear any and all complaints, may modify the proposed
schedule, and may recommend to the Paducah City Commission and
McCracken County Fiscal Court a final schedule within sixty (60)
days after the date of the notice. The schedule so adopted and
established shall thereafter be the rates and charges for the use
of the facilities of the Agency by users within McCracken County
until changed in the manner provided herein. The schedule of rates
and charges shall be -established and revised from time to time so
as to produce aggregate revenues to the Agency sufficient:
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(i) for the payment of interest on and principal of all
revenue bonds and .other obligations of the Agency;
(ii) for the payment of all costs and expenses of operating
and maintaining the sewer system of the Agency, including but not
limited to that portion of the salaries, wages, and fees of all
officers and employees of the Agency; and
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(iii) for the payment of all costs of renewals and replacement
of such system within McCracken County; provided, however, that all
expenses, salaries, wages, and fees necessary or incident to
improvements for the account of which bonds are issued or other
indebtedness incurred may be included as a part of the cost of the
improvements and paid from the proceeds of the bonds or other
indebtedness.
The use of all monies of the Agency received from any and all
sources shall be limited exclusively and devoted solely to the
payment of all obligations of the Agency and no funds from any
sources shall be diverted to any other purposes than those
described in this ordinance.
(c) Whenever any sewer rates or charges for services rendered
remain unpaid for a period of thirty (30) days after the same
becomes due and payable, the Agency shall declare the property, the
owner thereof, and the user of the service, delinquent until such
time as all rates and charges are fully paid, and may cut off the
sewer connection and service. The Agency may enter into agreements
with any water company or water service, public or private,
providing for the discontinuance of water service to delinquents.
SECTION 10. Power to Acquire Land
(a) The Agency shall have the power to acquire by purchase,
gift, or eminent domain proceedings, the fee or such right, title,
interest or easement, in such lands as may be deemed by the Agency
necessary for
any of the purposes
mentioned in this
ordinance, and
any personal
property necessary
for the purpose
of the Agency.
Such lands or interests therein, or personal property may be so
acquired whether or not the same are owned or held for public use
by corporations, associations, or other persons having the power of
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eminent domain,, or otherwise held or used for public purposes.
Forthwith upon the.°acquisition of any such,fee,., right, title,
interest or easement, or personal property, the same shall become
dedicated to the uses and purposes of the Agency.
(b) The method of condemnation of such property shall be
pursuant to the Eminent Domain Act of Kentucky.
(c) When the Agency has filed a proceeding to condemn land or
any interest therein, or personal property, pursuant to the
provisions of the Eminent Domain Act of Kentucky, and the Board
shall determine that the necessity for procuring possession of the
property is urgent, it may pass a resolution, at the time that said
condemnation is authorized or at any time thereafter for a
declaration of taking, declaring that said lands are to be taken
for the use of the Agency. Said declaration of taking shall
contain, or have annexed thereto, the following:
(i) a statement of the authority under which and, the public
use for which, said lands are taken;
(ii) a description of the lands taken sufficient for
identification thereof;
(iii) a statement of the estate or interest in said lands
taken for said public use; and
(iv) a plat showing the lands taken.
(d) At any time after the report of the Commissioners has
been made, the Agency may file said declaration of taking and make
a deposit with the Clerk of the Court of the sum of money stated in
the award of the Commissioners appointed. Title to said lands in
fee simple or such lesser estate as is specified in said
declaration or to said personal property shall then vest in the
Agency, and the right to just compensation for said land or
interest therein or personal property shall vest in the persons
l*� entitled thereto. Said compensation shall be ascertained and
awarded in said proceeding as otherwise provided in the Eminent
Domain Act of Kentucky.
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SECTION 11. Agency Revenue Bonds
(a) The Agency may, from time to time, issue its negotiable
interest-bearing revenue bonds for any of its corporate purposes,
and it may also, from time to time, issue its negotiable interest-
bearing revenue bonds to refund any of its bonds at maturity or
pursuant to redemption provisions, or at any time before maturity
with the consent of the holders. All the bonds, including
interest, are payable solely from and secured only by the revenues
of the Agency realized through the collection of rates or other
charges, imposed for use of the facilities of the Agency. The
bonds shall be authorized by resolution of the Board and shall bear
the dates, mature at the times not exceeding forty (40) years from
their respective dates, bear interest at the rate or rates, or
method of determining rates, payable at least annually, be in the
denominations and form, either coupon or registered, carry the
registration privileges, be executed in the manner, be payable in
the medium of payment at the place, and be subject to the terms of
redemption, with or without premium, as the resolutions provide.
The bonds shall be sold at public sale for the price the Board
determines.
(b) Any resolution authorizing any bonds may contain
provisions which shall be a part of the contract with the holders
of the bonds as to:
(i) pledging all or any part of the gross or -net revenues of
the Agency to secure the payment of the bonds and interest on the
bonds;
(ii) the amounts to be raised in each year by rates and
charges, and their use and disposition, and of any other revenues
of the Agency;
(iii) the setting aside of reserves or sinking funds and their
regulation and disposition;
(iv) limitations on the right of the Agency to restrict and
regulate the use of its facilities;
(v) limitations on the purposes to which the proceeds of sale
of any issue of bonds to be issued may be applied;
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(vi) limitations on the issuance of additional bonds; and
(vii) the ]#'bcedure, if any, by which the term of any contract
with bondholders maybe amended or abrogated, the amount of bonds
the holders of which must consent, and the .manner in which the
consent may be given.
(c) The bonds or other obligations of the Agency shall not
constitute an obligation or indebtedness of the City of Paducah or
of McCracken County and it shall be plainly stated on the face of
each bond of the Agency that it has been issued under the
provisions of this ordinance, and that it does not constitute an
indebtedness of the City of Paducah or McCracken County. All bonds
authorized may be issued without a vote of the voters and without
any other proceedings or happenings of any other conditions or
things than those proceedings, conditions and things described
herein. The bonds shall be signed in the name of the Agency by the
chairperson or vice chairperson of the Board, and attested by the
signature of the secretary -treasurer.
SECTION 12. Enforcement of Rights of Bondholders
(a) In the event the Agency shall default in the payment of
principal or interest on any of the revenue bonds issued pursuant
to this ordinance after the said principal or interest shall become
due, whether at maturity or upon call for redemption, and such
default shall continue for a period of thirty (30) days, or in the
event that the Agency shall default in any agreement made with the
holders of the bonds, the holders of twenty percent (2001) in
aggregate principal amount of the bonds then outstanding, by
instrument or instruments filed in the office of the McCracken
County Court Clerk and approved or acknowledged in the same manner
as a deed to be recorded, may apply to a judge of the McCracken
Circuit Court to appoint a trustee to represent all of the
bondholders for the purposes herein provided. Upon such
application the judge shall appoint a trustee and such trustee may,
and upon written request of holders of twenty percent (200) in
principal amount of the bonds of the Agency then outstanding shall,
(1) by mandamus or other suit, action or proceeding at law or in
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equity, enforce all rights of the bondholders, including but not
limited to the right- to require the Agency to collect rates and
other charges, adequate to carry out any agreement as to, or pledge
of, the revenues of the Agency and to require the Agency and its
officers to carry out any other agreement with the bondholders and
to perform its and their duties; (2) bring suit upon the bonds; (3)
by action or suit in equity, require the Agency to account as if it
were the trustee of an express trust for the bondholders; (4) by
action or suit in equity, enjoin any acts or things which may be
unlawful or in violation of the rights of bondholders; (5) declare
all bonds due and payable, and if all defaults shall be made good
then to annul such declaration and its consequences.
(b) Any such trustee shall be entitled as of right, upon
application to the judge, to the appointment of a receiver, who may
enter upon and take possession of the facilities of the Agency, or
any part or parts thereof, and operate and maintain the same, and
collect and receive all rates and charges and other revenues of the
Agency, thereafter arising therefrom, in the same manner as the
Agency and its officers might do, and shall deposit all monies in
a separate account and apply the same in such manner as the court
shall direct. In any. suit, action, or proceeding, by the trustee,
the fees, the counsel fees, and expenses of the trustee and of the
receiver shall constitute disbursements taxable as costs. All
costs and disbursements allowed by the court shall be a first
charge on any revenue derived from the facilities of the Agency.
Such trustee shall, in addition to the foregoing, have and possess
all of the powers necessary or appropriate for the exercise of any
function specifically set forth herein or incident to the general
representation of the bondholders and the enforcement and
protection of their rights.
SECTION 13. Apportionment of Construction Costs
(a) A resolution of the Board providing for the construction
of sewerage facilities and appurtenances shall describe the nature
and kind of facilities to be furnished and shall describe the
particular area to be benefitted by said sewerage facilities.
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(b) The costs of the sanitary sewers and appurtenances shall
be assessed against°'the land in the benefitted area..; The square
foot method, the front foot method, the equivalent residential unit
method, or any other equitable basis may be used for determining
the assessment. No property which has been assessed for collector
lines shall be reassessed for the installation or reinstallation of
collector lines.
(c) The costs of property service connections from the sewer
to the property line or easement line as required shall be assessed
against the individual lots or tracts to which such property
service connections are furnished. The costs to be assessed for
the property service connections shall be fixed by regulation of
the Agency based on its experience of costs for such work.
(d) All land included in the benefitted area shall be
assessed, except public roadways and property owned by the city or
county.
(e) When the Board determines that construction of sanitary
sewers and appurtenances or property service connections at the
cost of the property owner shall be necessary, the Agency shall
cause its engineers to prepare complete drawings and specifications
for the work and to keep same available for inspection in its
offices.
(f) The actual construction work of the sanitary sewers and
appurtenances shall be done by, or under the control of, the
Agency. The cost of the sanitary sewers and appurtenances or
property service connections shall include not only the actual
construction cost and the cost of any easements required for the
sewers, but also cost of surveys, designs, plans, specifications,
advertising, inspection and administration; provided, however,
these additional costs shall not exceed fifteen percent (15%) of
the actual construction cost of the project.
(g) A lien superior to all liens except the liens for state,
county, city, school and road taxes and liens prior in time for
other public.improvements shall exist against the respective lots
or tracts of land for the cost of the, sanitary sewers,
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appurtenances or property service connections for apportionment as
provided herein,!' plus*xinterest thereon at the rate of six percent
(6%) per annum.
(h) If sanitary sewers, appurtenances or property service
connections are constructed as provided in the resolution, the
Agency shall not be liable for the cost of the sanitary sewers,
appurtenances or property service connections and shall have the
right to enforce such costs against the property receiving the
benef it.
(i) Upon, completion and acceptance of the sewer facility
constructed, the Agency shall make out all apportionment warrants
for which liens are given for improvements of sewer facilities and
shall immediately enter them in alphabetical order upon a register
kept for that purpose. When the holder of the warrant has obtained
payment, such holder shall notify the Agency and the Agency shall
mark upon the register the fact of payment.
(j) The lien shall exist from the date of the apportionment
warrant, but a lien shall not be valid against a purchaser for a
valuable consideration without notice, unless the apportionment
warrant is entered and registered within ten (10) days of its
issuance.
(k) After any sewer facilities have been constructed, the
Agency shall give notice by publication pursuant to KRS Chapter 424
of the costs apportioned, and the amounts assessed and levied on
the various tracts of land liable for the payment.
SECTION 14. Combined Sewers
(a) All facilities in the City of Paducah that are a
combination of wastewater and stormwater sewers shall be included
in the assets transferred to the Agency.
(b) The Agency shall have the responsibility to maintain all
combined sewer system facilities in the City of Paducah. The
combined sewer system facilities visible on the surface, (such as
inlets, grates, inlet throats, open-ended pipes, surface ditches,
surface drainages, etc.), and the connector pipe to the combined
sewer main shall be maintained by the City of Paducah.
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(c) The Agency shall be responsible for compliance with all
environmental regulations and requirements for combined sewer
overflow established by the Commonwealth of Kentucky.
SECTION 15. Coordination of Operations with Other Agencies
(a) The Agency shall take all necessary efforts and make all
necessary agreements with the City of Paducah to establish
procedures for r coordinatingthe use and operation of all flood
control pump stations used when the Ohio River reaches f lood stage.
(b) The facilities that constitute the City of Paducah flood
control system shall not be part of the assets transferred to the
Agency and shall remain the property of the City of Paducah.
(c) The Agency shall coordinate with the City of Paducah the
operation of the compost facility operated by the City of Paducah
and make such agreements as may be necessary for the disposal of
sludge generated by the operations of the Agency.
(d) The Agency may enter into an agreement with the City of
Paducah and McCracken County to provide necessary maintenance of
storm sewers.
SECTION 16. Appeal Process
(a) Any entity or person, other than employees of the Agency,
aggrieved by any final action of the Agency may appeal from said
action to a grievance committee which shall be composed of one
member of the McCracken County Fiscal Court selected by the
McCracken County Fiscal Court and one member of the Paducah City
Commission selected by the Paducah City Commission, and the two
members thus appointed shall jointly select a third person to serve
on the committee. The representatives of the legislative bodies
shall not be the same representatives who are then sitting on the
Board of the Agency. The aggrieved person and the Agency shall be
allowed to appear before the grievance committee to state their
position. The grievance committee may modify, sustain, or overrule
the action taken by the Agency.
(b) Appeals by the aggrieved party shall be made in writing
by filing the appeal with the Secretary -Treasurer of the Agency
thirty (30) days after the decision of the Agency; All decisions
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22
which have not been appealed within thirty (30) days shall become
f inal .
SECTION 17. Additional Authority
McCracken County Fiscal Court and the City of Paducah, within
their respective jurisdictions, shall have the authority to
establish with sufficient funding, a separate and independent
stormwater utility by separate ordinance, under the management and
control of the Agency.
SECTION 18. Effective Date
This ordinance shall become effective immediately upon passage
and publication.
SECTION 19. Name of Agency
The name of the Agency shall be the "Paducah -McCracken County
Sewer Agency," in which name it may act in accordance with the
powers set forth in this ordinance.
INTRODUCED AND PUBLICLY READ ON FIRST READING, this the 17
Aug.
day of J)4W, 1998.
PUBLICLY READ, ADOPTED AND APPROVED ON SECOND READING, this
the 25 day of August, 1998.
1'l/:illi WNW. 410" ooki!,yiilWN.W. ��
ATTE
LENITA SMITH, CITY CLERK
CERTIFICATION
I, the undersigned, do hereby certify that I am the duly
qualified and acting City Clerk of the City of Paducah, Kentucky,
and as such City Clerk I further certify that the foregoing is a
true, correct and complete copy of an Ordinance duly adopted by the
Paducah City Commission on the 2Sth day of ,
1998, on the same occasion signed by the City Clerk as evidence of
the approval thereof, and now in full force and effect, all as
appears from the official records of the City in my possession and
under my control.
WITNESS my hand and the Seal of the City of Paducah, as of the
25 day of August 1998. -
LENITA SMITH, CITY CLERK
(SEAL)
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