HomeMy WebLinkAboutAgenda Packet 9-10-18ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
DELETIONS
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. I
CALLED CITY COMMISSION MEETING
AGENDA FOR SEPTEMBER 10, 2018
A. Minutes
6:00 P.M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
C. Receive & File Documents
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
DELETIONS
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. I
CONSENT AGENDA:
A. Minutes
B. Civic Beautification Reappointment
C. Receive & File Documents
D. Personnel Actions — M. RUSSELL
MO
#
2149
E. Approve Interlocal Agreement for Edward Byrne Justice
Accountability Grant - B. BARNHILL
2150
F. Approve Revised Lease Agreement with Oscar Cross Boys &
Girls Club - M. THOMPSON
2151
G. Purchase FY 18-19 Roll Out Containers — R MURPHY
2152
H. Contract for Services with Paxton Park Golf Course — M.
THOMPSON
II.
ORDINANCES) — ADOPTION
HOLLAND
2018
-9-
8548
A. Approve Final Subdivision for the Colgan Properties, LLC
Commercial Subdivision — R. MURPHY
RHODES
2018
-9-
8549
B. Repeal Traffic Commission Ordinance — J. ARNDT
III.
COMMENTS
A. City Manager Comments
B. Board of Commissioners Comments
C. Public Comments
IV.
EXECUTIVE SESSION
CONSENT AGENDA FOR SEPTEMBER 10, 2018
I(A)
Minutes for the August 28, 2018 City Commission Meeting
I(B)
Reappointment of Jill Jones to the Civic Beautification Board. This term shall expire
July 1, 2022.
I(C)
Receive & File Documents
Minute File:
1. Strategic Plan Implementation Action Plan
2. Report from Summit Environmental Services, Inc. —
Asbestos Air Monitoring July 16-31, 2018
Contract File:
1. Contract For Services — Paducah Wall To Wall Mural Board (signed by CM)
2. Change Order 43 — City Hall Restoration (ORD 42018-8-8545)
3. Change Order 44 — City Hall Restoration (ORD 42018-8-8546)
4. Contract For Purchase of six pickup trucks — Linwood Motors (MO#2138)
5. Contract For Services — Amendment for Codes and Permitting Phase — Tyler
Technologies (MO#2142)
I(D)
Personnel Actions
I(E)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY,
AND THE COUNTY OF MCCRACKEN, KENTUCKY, FOR A 2018-2019
EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT
THROUGH THE U. S. DEPARTMENT OF JUSTICE (M.O. # 2149; BK 10)
I(F)
A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE EXECUTION OF
A TERMINATION OF LEASE AGREEMENT AND A NEW CONCESSION
AGREEMENT AMONG CITY OF PADUCAH, MCCRACKEN COUNTY,
KENTUCKY AND OSCAR CROSS BOYS AND GIRLS CLUB OF PADUCAH, INC.
(M.O. # 2150; BK 10)
I(G)
A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF ROLL-OUT
CONTAINERS, LIDS AND ADDITIONAL REPLACEMENT PARTS FROM
TOTER, INC., IN AN AMOUNT NOT TO EXCEED $120,000.00 FOR THE
ENGINEERING -PUBLIC WORKS SOLID WASTE DIVISION (M.O. # 2151; BK 10)
I(H)
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH PAXTON PARK GOLF BOARD IN AN AMOUNT OF $50,000
FOR SPECIFIC SERVICES (M.O. 4 2152; BK 10)
August 28, 2018<
At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 28, 2018, at 5:30 p.qty
in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Harless presided,
and upon call of the roll by the City Clerk, the following answered to their names: Commissioners
Abraham, Holland, Rhodes, Wilson and Mayor Harless (5).
INVOCATION
Commissioner Holland gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Harless led the pledge.
PROCLAMATION
Mayor Harless presented a proclamation for Attendance Awareness Month to Director of Pupil
Personnel Troy Brock with Paducah Independent Schools.
PRESENTATION
INNOVATIONS BRANDING HOUSE
Brand Strategist Ashley Stark with Innovations Branding House presented a research initiative to the
City Commission which they are conducting on behalf of the City. Innovations Branding House will
obtain feedback from the community and from City of Paducah employees by conducting a survey.
The survey will take place in the next few weeks to determine what projects and activities citizens are
currently engaged in and to determine how best to engage citizens in the Strategic Plan.
CONSENT AGENDA
Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. No one asked for
any items to be removed. The Mayor asked the City Clerk to read the items on the Consent Agenda.
I(A)
Minutes for the August 21, 2018 City Commission Meeting
I(B)
Reappointment of Paul Bradford and Cathy Crecelius to the Paducah Planning
Commission. These terms shall expire August 31, 2022.
I(C)
Appointment of Kenneth B. Hurt, Sr. to the Paducah Human Rights Commission to
replace Rafiel Banks whose term has expired. This term shall expire July 24, 2021.
I(D)
Reappointment of Heather Coltharp and Christopher B. Jones and appointment of
Regan Wainscott to replace Rodney Worak whose term has expired to the Historical &
architectural Review Commission (HARC). These terms shall expire June 4, 2021.
I(E)
Receive & File Documents
Minute File:
1. Notice of Called Meeting of Board of Commissioners —August 21, 2018
2. Certificate of Liability Insurance— 3C's Concrete Work, LLC
Deed File:
1. Deed of Conveyance — City of Paducah to Paducah -McCracken County
Industrial Development Authority (Ord. #2018-8-8543)
Contract File:
August 28, 2018
1. Contract with Peel & Holland - Strategic Health Risk Advisor & Strategic
Benefit Placement Services (MO #2133)
2. Contract For Services — Barkley Regional Airport Authority (MO#2140)
3. Updated Exhibit to Assistance Agreement between COP and the Kentucky
Infrastructure Authority (MO#1929)
Bids File
1. Bid Documents for Three (3) ZTR mowers:
(a) Tapps Outdoor Equipment
(b) ERB Equipment Company
(c) Treads & Auto Service, Inc.
(d) Hutson, Inc.
(e) Heartland Outdoor Equipment* (Recommended bid for acceptance)
2. Surplus Property Sealed Bid Form — 603 South 8a' Street
(a) Shenon Minter
(b) Macedonia Missionary Baptist Church*
3. Surplus Property Sealed Bid Form —605 South 8t' Street
(a) Shenon Minter
(b) Macedonia Missionary Baptist Church*
4. Surplus Property Sealed Bid Form — 1216 Park Avenue
(a) Darrell Matheny*
5. Surplus Property Sealed Bid Form — 517 North 7t' Street
(b) Kathleen Kelly*
I(F)
Personnel Actions
I(G)
A MUNICIPAL ORDER REPEALING MUNICIPAL ORDER NO. 1816 RELATED
TO THE PURCHASE OF REAL PROPERTY LOCATED AT 605 SOUTH 8Tx
STREET BY HARLAND BRAZIER; FURTHER DECLARING THE PROPERTY TO
BE SURPLUS PROPERTY, ACCEPTING THE BID OF MACEDONIA
MISSIONARY BAPTIST CHURCH IN THE AMOUNT OF $50.00 PLUS
RECORDING AND DEED PREPARATION FEES FOR REAL PROPERTY
LOCATED AT 605 SOUTH 8' STREET AND AUTHORIZING THE MAYOR TO
EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (M.O. #
2143; BK 10)
I(H)
A MUNICIPAL ORDER REPEALING MUNICIPAL ORDER NO. 1815 RELATED
TO THE PURCHASE OF REAL PROPERTY LOCATED AT 603 SOUTH 8TH
STREET BY HARLAND BRAZIER; FURTHER DECLARING THE PROPERTY TO
BE SURPLUS PROPERTY, ACCEPTING THE BID OF MACEDONIA
MISSIONARY BAPTIST CHURCH IN THE AMOUNT OF $50.00 PLUS
RECORDING AND DEED PREPARATION FEES FOR REAL PROPERTY
LOCATED AT 603 SOUTH 8TH STREET AND AUTHORIZING THE MAYOR TO
EXECUTE THE DEED AND ALL DOCUMENTS RELATED TO SAME (M.O. #
2144; BK 10)
I(I)
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 517
NORTH 7TH STREET TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF
KATHLEEN KELLY IN THE AMOUNT OF $1.00 PLUS RECORDING AND DEED
August 28, 2018
Mayor Harless offered motion, seconded by Commissioner Wilson, that the items on the consent
agenda be adopted as presented.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor
Harless (5).
ORDINANCES) — EMERGENCY
APPROVE CHANGE ORDER NO. 3 FOR CITY HALL RENOVATION PROJECT PHASE I
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners introduce and adopt an Ordinance entitled, "AN ORDINANCE APPROVING
CHANGE ORDER NO. 3 WITH A & K CONSTRUCTION FOR A PRICE INCREASE IN THE
AMOUNT OF $63,854.00 FOR THE CITY HALL PHASE I PROJECT AND DECLARING AN
EMERGENCY TO EXIST." This Ordinance is summarized as follows: In this Emergency Ordinance
the City of Paducah approves Change Order No. 3 with A & K Construction for scaffolding, curtain
barrier and IMAC Emergency Clean Up Services for asbestos abatement for the interior lantem/atrium
of City Hall, henceforth, increasing the total contract price to $4,168,090.00 and authorizes the Mayor
to execute the change order.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor
Harless (5). (ORD # 2018-8-8545; BK 35)
APPROVE CHANGE ORDER NO. 4 FOR CITY HALL RENOVATION PROJECT PHASE I
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce and adopt an Ordinance entitled, "AN ORDINANCE APPROVING
CHANGE ORDER NO. 4 WITH A & K CONSTRUCTION FOR A PRICE INCREASE IN THE
AMOUNT OF $154,193.00 FOR THE CITY HALL PHASE I PROJECT AND DECLARING AN
EMERGENCY TO EXIST." This Ordinance is summarized as follows: In this Emergency Ordinance
PREPARATION FEES FOR PURCHASE OF SAID REAL PROPERTY AND
AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL
DOCUMENTS RELATED TO SAME (M.O. # 2145; BK 10)
I(J)
A MUNICIPAL ORDER DECLARING THE REAL PROPERTY LOCATED AT 1216
PARK AVENUE TO BE SURPLUS PROPERTY, ACCEPTING THE BID OF
DARRELL MATHENY IN THE AMOUNT OF $1.00 PLUS RECORDING AND
DEED PREPARATION FEES FOR PURCHASE OF SAID REAL PROPERTY AND
AUTHORIZING THE MAYOR TO EXECUTE THE DEED AND ALL
DOCUMENTS RELATED TO SAME (M.O. # 2146; BK 10)
I(K)
A MUNICIPAL ORDER ACCEPTING THE BID OF HEARTLAND OUTDOOR
EQUIPMENT, INC., FOR SALE TO THE CITY OF THREE (3) ZTR MOWERS IN A
TOTAL AMOUNT OF $26,331.10 FOR USE BY THE PADUCAH PARKS
DEPARTMENT GROUNDS MAINTENANCE DIVISION AND AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT FOR SAME (M.O. # 2147; BK 10)
I(L)
A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, DIRECTING
THE CITY MANAGER AND HIS STAFF TO PROMPTLY NOTIFY
NEIGHBORHOOD RESIDENTS AFTER AN ESCAPE OCCURS AT THE KEETON
CORRECTIONAL FACILITY (M.O. # 2148; BK 10)
Mayor Harless offered motion, seconded by Commissioner Wilson, that the items on the consent
agenda be adopted as presented.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor
Harless (5).
ORDINANCES) — EMERGENCY
APPROVE CHANGE ORDER NO. 3 FOR CITY HALL RENOVATION PROJECT PHASE I
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners introduce and adopt an Ordinance entitled, "AN ORDINANCE APPROVING
CHANGE ORDER NO. 3 WITH A & K CONSTRUCTION FOR A PRICE INCREASE IN THE
AMOUNT OF $63,854.00 FOR THE CITY HALL PHASE I PROJECT AND DECLARING AN
EMERGENCY TO EXIST." This Ordinance is summarized as follows: In this Emergency Ordinance
the City of Paducah approves Change Order No. 3 with A & K Construction for scaffolding, curtain
barrier and IMAC Emergency Clean Up Services for asbestos abatement for the interior lantem/atrium
of City Hall, henceforth, increasing the total contract price to $4,168,090.00 and authorizes the Mayor
to execute the change order.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor
Harless (5). (ORD # 2018-8-8545; BK 35)
APPROVE CHANGE ORDER NO. 4 FOR CITY HALL RENOVATION PROJECT PHASE I
Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of
Commissioners introduce and adopt an Ordinance entitled, "AN ORDINANCE APPROVING
CHANGE ORDER NO. 4 WITH A & K CONSTRUCTION FOR A PRICE INCREASE IN THE
AMOUNT OF $154,193.00 FOR THE CITY HALL PHASE I PROJECT AND DECLARING AN
EMERGENCY TO EXIST." This Ordinance is summarized as follows: In this Emergency Ordinance
August 28, 2018
the City of Paducah approves Change Order No. 4 with A & K Construction for removal of intact
lantern ceiling materials, repair of lantern ceiling using EIFS overlay and painting of soffit in the
interior lantern of City Hall, henceforth, increasing the total contract price to $4,322,283.00 and
authorizes the Mayor to execute the change order.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor
Harless (5). (ORD # 2018-8-8546; BK 35)
NOTICE REQUIREMENT FOR ALL PRIVATE CORRECTIONAL FACILITIES
Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners introduce and adopt an Ordinance entitled, "AN ORDINANCE REQUIRING
PRIVATE CORRECTIONAL FACILITIES TO EXERCISE STRICT CONTROL OF INMATES AND
GIVE IMMEDIATE NOTICE TO LAW ENFORCEMENT AGENCIES." This Ordinance is
summarized as follows: In this Emergency Ordinance the City of Paducah requires all private
correctional facilities in the City of Paducah to adhere to all laws and best practices related to
surveillance to prevent the escape or unaccounted for absences of inmates, probationers or parolees.
Further, said facilities are required to immediately inform the Paducah Police Department, McCracken
County Sheriff's Department, Kentucky State Police Department and all correctional facility
employees of an escape or unaccounted for absence of a probationer, ininate or parolee from the
facility's custody. This ordinance requires all private correctional facilities to develop written policies
and procedures within 30 days of the passage of this ordinance to ensure that the notice is provided.
Further, this ordinance provides the penalty for failure to comply with the notice and policy and
procedure requirements. Pursuant to KRS 83A.060(9), the following Section 4 of the Ordinance is set
forth in its entirety: Section 4. Penalty. The failure of Facilities to strictly comply with the
requirements of this ordinance is hereby deemed to be sufficient legal grounds to revoke the Facilities
business license pursuant to Chapter 106 of the Code of Ordinances of the City of Paducah.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor
Harless (5). (ORD # 2018-8-8547; BK 35)
ORDINANCES) — INTRODUCTION
APPROVE FINAL SUBDIVISION FOR THE COLGAN PROPERTIES, LLC, COMMERCIAL
SUBDIVISION
Commissioner Abraham offered motion, seconded by Commissioner Holland, that the Board of
Commissioners introduce an Ordinance entitled, "AN ORDINANCE APPROVING THE FINAL
REPORT OF THE PADUCAH PLANNING COMMISSION ON THE PROPOSED FINAL
SUBDIVISION FOR PROPERTY LOCATED AT 3501 PECAN DRIVE; ACCEPTING THE
DEDICATION OF RIGHT OF WAY, ACCEPTING PUBLIC UTILITY EASEMENTS; AND
AUTHORIZING THE MAYOR TO SUBSCRIBE A CERTIFICATE OF APPROVAL ON THE
PLAT." This ordinance is summarized as follows: An Ordinance approving the final report of the
Paducah Planning Commission on the proposed final subdivision for the property known as Colgan
Properties, LLC, U.S. Highway 62 & Pecan Drive, accepting dedication of right of way and public
utility easements and accepting irrevocable Letter of Credit No. 8033 in the amount of $150,000. In
addition, the City of Paducah hereby authorizes the Mayor to subscribe a certificate of approval on the
plat.
REPEAL TRAFFIC COMMISSION ORDINANCE
Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of
Commissioners introduce an ordinance entitled, "AN ORDINANCE REPEALING CHAPTER 110,
SECTION 110-5 TRAFFIC COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF
August 28, 2018
PADUCAH, KENTUCKY." This ordinance is summarized as follows: The City of Paducah hereby
repeals in its entirety Section 110-5, Traffic Commission, of the Paducah Code of Ordinances.
TRAFFIC STUDY FOR BUCKNER LANE, PINES ROAD & PECAN DRIVE
The Commission discussed the traffic congestion at the intersections of Pecan Drive & Buckner Lane
as well as at the intersection of Buckner Lane and Pines Road. HDR Engineering performed a traffic
study and presented four alternatives to the Board of Commissioners at the July 24, 2018, City
Commission Meeting.
The Paducah Traffic Commission met on August 17, 2018, to discuss the HDR traffic study in order to
make a recommendation to the City Commission. The Traffic Commission unanimously voted to
recommend to the Board of Commissioners the installation of an all -way stop at the intersection of
Buckner Lane and Pecan Drive for immediate relief and then budget in FY 2020 a signal device and
turn lane at that intersection. Further, the Traffic Commission unanimously voted to recommend to the
Board of Commissioners that no action be taken at the Buckner Lane & Pines Road intersection.
After discussion, Commissioner Abraham offered motion, seconded by Mayor Harless, that the Board
of Commissioners accept the recommendation of the Paducah Traffic Commission regarding the
intersection at Pecan Drive & Buckner Lane and the intersection at Buckner Lane & Pines Road.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, Wilson and Mayor
Harless (5).
COMMENTS
CITY MANAGER COMMENTS
City Manager Arndt reported that work is underway for the action steps of the Strategic Plan. The plan
is to have a formal document in place by this Thursday, August 30th.
Budget Committees are underway with a couple of committees having already met and the others
planning to meet soon.
BOARD OF COMMISSIONERS COMMENTS
Commissioner Holland congratulated Mayor Harless on being named Healthy Kentucky Policy
Champion by the Foundation for a Healthy Kentucky due to her leadership with the Paducah Board of
Commissioners in implementing a comprehensive smoke-free policy for the City of Paducah.
ADJOURN
Mayor Harless offered motion, seconded by Commissioner Abraham, to adjourn the meeting. All in
favor.
Meeting ended at approximately 6:26 p.m
ADOPTED: September 10, 2018
Brandi Harless, Mayor
August 28, 2018
ATTEST:
Lindsay Parish, City Clerk
y
BOARDS and COMMISSIONS .
APPOINTMENTS and REAPPOINTMENTS
FOR CITY COMMISSION CONFIRMATION
Appointment NAME:
Reappointment Jill Jones
Joint Appointment
Joint Reappointment
NAME OF BOARD OR COMMISSION:
Civic Beautification Board
DATE TO BE PLACED ON AGENDA: September 10, 2018
EXPIRATION OF TERM DATE: July 1, 2022
APPOINTEE'S HOME ADDRESS:
Street: 4035 Court Avenue
City/Zip: Paducah, KY 42001
Phone:
Email Address: jIll.renee@Outlook.com
Appointee's Business Name:
Address:
City/Zip:
Phone:
TO REPLACE ON BOARD:
hank yon
Resigned ADDRESS:
erm Expired
Other(explain) City/Zip:
Appointee Confirmation: Date: August 7,2018
Board of Commission Approval:
Original to: City Clerk
CC: Trish Hines, phines0l@comcast.net
By: Jill Jones/Trish Hines
BOARD CHAIRMAN:
Trish Hines
CITY OF PADUCAH
September 10, 2018
Upon the recommendation of the City Manager, the Board of Commissioners of the
City of Paducah order that the personnel changes on the attached list be approved.
City Manag rs Signature
9 )G, /)k
Date
FIRE -SUPPRESSION
Hansen, Wayne C.
Hansen, Wayne C.
PERSONNEL ACTIONS
September 10, 2018
PREVIOUS POSITION CURRENT POSITION NCS/CS FLSA EFFECTIVE DATE
AND BASE RATE OF PAY AND BASE RATE OF PAY
Firefighter/Relief Driver
$15.60/Hr.
Acting Fire Lieutenant
$16.85/Hr.
Acting Fire Lieutenant
$16.85/Hr.
Firefighter/Relief Driver
$15.60/Hc
NCS Non -Ex July 2, 2018
NCS Non -Ex August 16, 2018
Ferrell, Hannah R.
TLERM.A-'TO
-...W
PARKS SERVICES
EMERGENCY COMMUNICATION SRVC:
POSITION
REASON
EFFECTIVE DATE
Golightly, Cory C.
Telecommunicator
Employment offer recinded
September 4, 2018
—Failed post -employment testing
End Seasonal Employment
September 10, 2018
Cates, Tristan G.
POLICE OPERATIONS
End Seasonal Employment
September 10, 2018
Cook, Madelyn B.
Kopischke, Brian F.
Police Officer
Retirement
September 30, 2018
Ferrell, Hannah R.
:.ERMINA4 ON P...1tF,�TIME� PR , E ..• S .-
End Seasonal Employment
PARKS SERVICES
POSITION
REASON
EFFECTIVE DATE
Anderson, Ajiyah M.
Pool Attendant
End Seasonal Employment
September 10, 2018
Bruce, Meredith A.
Recreation Leader
End Seasonal Employment
September 10, 2018
Cates, Tristan G.
Recreation Leader
End Seasonal Employment
September 10, 2018
Cook, Madelyn B.
Recreation Leader
End Seasonal Employment
September 10, 2018
Davidson, Macy E.
Lifeguard
End Seasonal Employment
September 10, 2018
Dew, Caroline A.
Lifeguard
End Seasonal Employment
September 10, 2018
Donaldson, Nikayla D.
Pool Attendant
End Seasonal Employment
September 10, 2018
Dortch, Zyla B.
Lifeguard
End Seasonal Employment
September 10, 2018
Ellison, Olivia G.
Lifeguard
End Seasonal Employment
September 10, 2018
Elrod, Aviona T.K.
Pool Attendant
End Seasonal Employment
September 10, 2018
Ertle, Kayla B.
Recreation Leader
End Seasonal Employment
September 10, 2018
Ferrell, Hannah R.
Lifeguard
End Seasonal Employment
September 10, 2018
Fitzpatrick, Jaden L.
Recreation Leader
End Seasonal Employment
September 10, 2018
Grogan, Sophie V.
Lifeguard
End Seasonal Employment
September 10, 2018
Harned, Emme C.
Lifeguard
End Seasonal Employment
September 10, 2018
Lowery, Claren W.
Pool Attendant
End Seasonal Employment
September 10, 2018
Massa, Trevor J.
Lifeguard
End Seasonal Employment
September 10, 2018
Meier, Kevin C.
Lifeguard
End Seasonal Employment
September 10, 2018
Seitz, Leigh A.
Pool Attendant
End Seasonal Employment
September 10, 2018
Shannon, Mack
Recreation Leader Internship
End Seasonal Employment
September 10, 2018
Shell, Kaitlyn N.
Recreation Leader
End Seasonal Employment
September 10, 2018
Spencer, Shelbi M.
Lifeguard
End Seasonal Employment
September 10, 2018
Stewart, Kelly A.
Recreation Leader
End Seasonal Employment
September 10, 2018
Tyler -Williams, Victerion J.
Pool Attendant
End Seasonal Employment
September 10, 2018
Uhlik, Clare M.
Lifeguard
End Seasonal Employment
September 10, 2018
Watkins, Kristen S.
Wiggins, Morgan A.
PERSONNEL ACTIONS
September 10, 2018
Pool Attendant
Summer Camp Coordinator
End Seasonal Employment
End Seasonal Employment
September 10, 2018
September 10, 2018
MUNICIPAL ORDER NO. I LI q
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PADUCAH,
KENTUCKY, AND THE COUNTY OF MCCRACKEN, KENTUCKY, FOR A 2018-
2019 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT
THROUGH THE U. S. DEPARTMENT OF JUSTICE
BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the Mayor is hereby authorized to execute an Interlocal
Agreement between the City of Paducah and the County of McCracken, Kentucky, to
provide for the administration of a 2018-2019 Edward Byrne Memorial Justice
Accountability Grant through the U. S. Department of Justice and to set forth the City as
lead agency, fiscal agent and primary administrator of said grant. The term of this
Agreement shall be that of the JAG Award, a one year period beginning October 1, 2018,
and ending September 30, 2019, unless terminated by either party.
SECTION 2. This order shall be in full force and effect from and after the
date of its adoption.
Mayor Brandi Harless
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 10, 2018
Recorded by Lindsay Parish, City Clerk, September 10, 2018
\mo\grants\agree-interlocal (Edward Byrne Grant 2018-19)
Agenda Action Form
Paducah City Commission
Meeting Date: 10 September 2018
Short Title: 2018-2019 Edward Byrne Memorial Justice Accountability Grant (JAG) Application Interlocal
Agreement
❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By Joe Hayes, Melanie Townsend
Presentation Bv: Chief Brandon Bamhtll
Backaround Information: The Edward Byrne Memorial Justice Accountability Grant (JAG) is a federal formula
grant funded through the U.S. Department of Justice. The city has received a notice of eligibility for the amount of
$_11,816,
Through Municipal Order No. 2135, the City Commission approved applying for this grant at its Aug. 21, 2018,
meeting for the following purpose: the Paducah Police Department proposes to purchase five (5) hand held
radios. The total project cost is $13,872. The $2,056 difference between available funds and the total cost will
come from the departments general fund.
The application requires an Interlocal Agreement to be signed and approved by the City Commission and the
McCracken County Fiscal Court, ensuring neither entity has applied for federal funds for this project.
Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name:/�/
Account Number:7-0
Project Number:"�-��ance
CFDA: 16.738
Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents.
Attachments: Interlocal Agreement Regarding an Edward Byrne Memorial Justice Accountabillty Grant (JAG)
application.
artment Headl .
�� Clerk A
�/ Manall er
INTERLOCAL AGREEMENT FOR ACCEPTANCE AND ADMINISTRATION OF EDWARD BYRNE
JUSTICE ASSISTANCE GRANT (JAG) AWARD
THIS AGREEMENT, made and entered into on this day of 2018
herein below, as evidenced by the dates executed by the parties, with an effective date of
October 1, 2018, by and between the City of Paducah, Kentucky, a municipality and political
subdivision validly existing under the constitution, statutes, and laws of the Commonwealth of
Kentucky, acting by and through its duly authorized Mayor, hereinafter called "City"; and the
County of McCracken, a County and political subdivision validly existing under the constitution,
statutes, and laws of the Commonwealth of Kentucky, hereinafter called "County".
WITNESSETH:
WHEREAS, the governing bodies of the City and County pursuant to the Kentucky Revised
Statutes, Section 65.210 et sea., have the power to enter into agreements in order to provide for
the use of property on the basis of mutual advantage and thereby to provide services and
facilities in a manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population and other factors influencingthe needs and development
of local communities; and,
WHEREAS, the City and County have previously determined, and hereby further
determine, that all parties are in need of a U.S. Bureau of Justice Edward Byrne JAG Award,
as defined herein; and,
WHEREAS, the governing bodies of the City and County hereby determine that it is in the
best interests of the citizens and residents of McCracken County that these entities enter into this
Agreement to accept and administer a JAG Award in the amount of $11,816 offered by the U.S.
Bureau of Justice; and,
WHEREAS, the execution, delivery, and performance of this Agreement have been
authorized, approved, and directed by the governing bodies of the City and County by an
ordinance or resolution formally passed and adopted by the governing bodies of the City and
County.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein
contained, the parties hereto agree as follows:
ARTICLE I: PURPOSE FOR THIS AGREEMENT
It is necessary for the efficient and consistent administration of the $11,816 allocated in
the 2018 JAG Award that the individual, specific, and special needs of each of the parties here to
be considered and that the award be used in a manner that best responds to the needs of those
parties and the general public.
ARTICLE II: DEFINITIONS
All words and phrases will have the meanings specified below unless the context clearly
requires otherwise.
"Agreement" means this Interlocal Agreement Regarding Acceptance and Administration
of a Edward Byrne Justice Assistance Grant (JAG) Award and any amendments or supplements
hereto entered into in accordance with the provisions hereof, including the exhibits attached
hereto.
"City" means the City of Paducah, Kentucky, or any successor thereto acting by and
through this Agreement
"County" means the County of McCracken, Kentucky, or any successor thereto acting by
and through this Agreement.
"Fiscal Year" means the period from and including July 1 through and including the next
June 30.
"Term" means the term of this Agreement os determined pursuant to Article IV hereof. ARTICLE
III: REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 3.1. Representations. Covenants and Warranties of the County. The County
represents, covenants and warrants for the benefit of the remaining parties hereto as
follows:
(a) The County is a county and political subdivision, validity organized and existing in
good standing under the laws of the Commonwealth of Kentucky, has full 'power
and authority to enter into and perform its obligations under this Agreement, and
has duly taken the necessary acts required prior to (including all required
approvals) the execution and delivery of this Agreement. The County warrants
this Agreement to be a valid, legal and binding obligation of the County,
enforceable against it in accordance with its terms.
(b) Neither the execution and delivery of this Agreement nor the consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance with
the terms and conditions hereof conflicts with or results in a breach of the terms,
conditions, or provisions of any restriction or any agreement or instrument to
which the County is now a party or by which the County is bound, or constitutes a
default under any of the foregoing, or conflicts with or results in a violation of
any
provision of law or regulation applicable to the County or results in the creation or
imposition of any lien or encumbrance whatsoever upon the property or assets of
the County or City (except for any purchase money security interests); and no
representation, covenant and warranty herein is false, misleading or erroneous in
any material respect.
(c) To the best of County's knowledge and belief, there is no action, suit, proceeding,
inquiry, or investigation, at law or in equity, before or by any court, public board or
body, pending or known to be threatened against or affecting the County nor to the
best of the knowledge of the County is there any basis therefore, wherein an
unfavorable decision, ruling, or finding would materially and adversely affect the
transactions contemplated by this Agreement or which would adversely affect, in
any way, the validity or enforceability of this Agreement or any material agreement
or instrument to which the County is a party, used or contemplated for use in the
consummation of the transactions contemplated hereby, or the authority or ability
of the County to perform its obligations hereunder or thereunder.
(d) The Project is in furtherance of the County's governmental purposes, serves a
public purpose and is in the best interests of the residents of the County and at the
time of the execution and delivery of the Agreement, the County intends to
annually appropriate its share of funding for the project as set forth in Articles V and
VI.
Section 3.2. Representations. Covenants and Warranties of City. The City represents,
covenants and warrants for the benefit of the remaining parties hereto as follows:
(a) The City is a municipality and political subdivision, validity organized and existing
in good standing under the laws of the Commonwealth of Kentucky, has full power
and authority to enter into and to perform its obligations under this Agreement,
and has duly taken the necessary acts required prior to (including all required
approvals) the execution and delivery of this Agreement. The City warrants this
Agreement to be a valid, legal and binding obligation of the City, enforceable
against the City in accordance with its terms.
(b) Neither the execution and delivery of this Agreement nor the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the
terms and conditions hereof conflicts with or results in a breach of the terms,
conditions, or provisions of any restriction or any agreement or instrument to which
the City is now a party or by which the City is bound, or constitutes a default under
any of the foregoing, or conflicts with or results in a violation of any provision of law
or regulation applicable to the City or results in the creation or imposition of any
lien or encumbrance whatsoever upon the property or assets of the County or City
(except for any purchase money security interests); and no representation,
covenant and warranty herein is false, misleading or erroneous in any material
respect.
(c) To the best of City's knowledge and belief, there is no action, suit, proceeding,
inquiry, or investigation, at law or in equity, before or by any court, public board or
body, pending or known to be threatened against or affecting the City nor to the
best of the knowledge of the City is there any basis therefore, wherein an
unfavorable decision, ruling, or funding would materially and adversely affect the
transactions contemplated by this Agreement or which would adversely affect, in
any way, the validity or enforceability of this Agreement or any material agreement
or instrument to which the City is a party, used or contemplated for use in the
consummation of the transactions contemplated hereby, or the authority or ability
of the City to perform its, obligations hereunder or thereunder.
(d) The acquisition, construction, and installation of the Project, under the terms and
conditions set forth in this Agreement, are in furtherance of the City's
governmental purposes, serve a public purpose and are in the best interests of the
residents of the City and at the time of the execution and delivery of the
Agreement, the City intends to annually appropriate its share of funding for the
project as set forth in Articles V and VI.
ARTICLE IV: TERM
Section 4.1. Duration of Agreement Term: Right to Terminate The term of this Agreement
shall be that of the JAG Award, a one (1) year period beginning October 1, 2018 , and ending
September 30, 2019 unless terminated by any party hereto. Any party hereto shall have the right
to terminate this Agreement by giving notice, in writing, to the other parties no less than sixty (60)
days prior to the termination date sought. The voluntary withdrawal and termination of any party
shall not terminate this agreement as to the other parties, provided, however, that the
withdrawing party shall have no further duties or obligations or be entitled to benefits, therefrom,
following the effective date of withdrawal and termination.
ARTICLE V: ALLOCATION OF FUNDING
Section: 5.1. The City and the County agree to allow the City of Paducah to receive and
administer 100% of the 2018 JAG award allocation in the amount of $11,816 on behalf of the
Paducah Police Department to be used exclusively for the purchase of grant -allowable items of
equipment. The City shall make all purchase, file quarterly narrative and fiscal reports and
other reports as necessary including the final close out report.
ARTICLE VI: ADMINISTRATION
Section: 6.1. The City and the County agree that the City shall administer the FY2018
JAG Award and act as the lead agency, fiscal agent, and primary administrator. As such the
City shall make all equipment purchases, seek JAG Award funding reimbursements, file
quarterly narrative, fiscal reports and other reports as necessary including the final close out
report
ARTICLE VII: ASSIGNMENT
Section: 7.1. Assignment. This Agreement may not be assigned by any party without the
prior written consent of the remaining parties hereto.
ARTICLE VIII. MISCELLANEOUS
Section: 8.1. Notices. All notices, certificates, requests or other communications
hereunder will be sufficiently given and will be in writing and mailed (postage prepaid, and
certified or registered with return receipt requested) or delivered (including delivery by courier
services) as follows
City: City of Paducah
Attn: Mayor or City Manager
300 South 5`h Street
P.O. BOX 2267
Paducah, KY 42002-2267
County: County of McCracken
Attn: County Judge Executive
McCracken County Courthouse
Paducah, KY 42003-1700
Any of the foregoing may, by notice given hereunder to the other, designate any further
or different addresses to which subsequent notices, certificates, requests or other
communications will be sent hereunder. All notices, certificates, requests and other
communications pursuant to this Agreement will be effective when received (if given by mail) or
when delivered (if given by delivery). Further, in the event of a change in personnel to any
party/officer hereto, the presumption shall be that, unless the other parties are notified, in
writing, the successor to that position shall be the authorized representative and shall be bound
by this Agreement.
Section: 8.2. Amendment & Changes and Modifications Except as specifically provided in
this Agreement, this Agreement may not be amended, changed, modified or altered, or any
provision hereof waived, without the written consent of all parties hereto.
Section:8.3. Severability. In the event that any provision of this Agreement is held invalid
or unenforceable by any court of competent jurisdiction, such holding will not invalidate or
render unenforceable any other provision hereof.
Section: 8.4. Execution in Counterparts. This Agreement may be simultaneously executed
in several counterparts, each of which will be an original and all of which will constitute but one
and the same instrument.
Section: 8.5. Applicable Law. This Agreement will be governed by and construed in
accordance with the laws of the Commonwealth of Kentucky.
Section:8.6. Captions. The captions or headings herein are for convenience only and in no
way define, limit or describe the scope or intent of any provisions or sections of this Agreement.
Section: 8.7. Binding Effect. This Agreement will inure to the benefit of and will be
binding upon the parties hereto and their respective successors and assigns (including, without
limitation, security assigns), subject, however, to the limitations contained in this Agreement.
Section: 8.8. Entire Agreement. This Agreement and all exhibits attached hereto shall
constitute the entire agreement of the parties hereto and any prior agreement of the parties
hereto relating to the Project, whether written or oral, is merged herein and shall be of no
separate force and effect.
Section: 8.9 Mutual Negotiation. This Agreement and the language contained herein
have been arrived at by the mutual negotiation of the parties. Accordingly, no provision
hereof shall be construed against one party in favor of another party merely by reason of
draftsmanship.
Section: 8.10 Waiver. No action or failure to act by one or more of the parties hereto
shall constitute a waiver of a right or duty afforded it/him under the contract, nor shall such
action or failure to act constitute approval or acquiescence of or in a breach hereunder.
IN WITNESS WHEREOF, the parties have executed the Agreement by and through
their duly authorized representatives as of the day and year first above written.
CITY OF PADUCAH, KENTUCKY
Mayor Brandi Harless
Date executed:
ATTEST:
City Clerk Lindsay Parish
Date executed:
MCCRACKEN COUNTY, KENTUCKY
Judge Executive Bob Leeper
Date executed:
ATTEST:
Fiscal Court Clerk Julie Griggs
Date executed:
HAVE SEEN AND CONSENT TO FORM FOR EXECUTION:
M
Gregg Ladd, Representative Department of Local Government
Date executed:
Prepared by:
Melanie Townsend
Grant Administrator
City of Paducah
PO Box 2267
300 S. S`h Street
Paducah, KY 42002
MUNICIPAL ORDER NO. I S®
A MUNICIPAL ORDER APPROVING AND AUTHORIZING THE
EXECUTION OF A TERMINATION OF LEASE AGREEMENT AND A NEW
CONCESSION AGREEMENT AMONG CITY OF PADUCAH, MCCRACKEN
COUNTY, KENTUCKY AND OSCAR CROSS BOYS AND GIRLS CLUB OF
PADUCAH, INC.
WHEREAS, The United States ofAmerica has deeded to the City of Paducah ("City") certain
property located at 2956 Park Avenue, Paducah, Kentucky (the "Premises") pursuant to the Federal
Lands to Parks Program of the National Parks Service; and
WHEREAS, pursuant to Municipal Order No. 1767, the City has leased the Premises to
Oscar Cross Boys and Girls Club of Paducah, Inc. ("Oscar Cross") through a lease agreement dated
January 1, 2014; and
WHEREAS, City has determined that it is necessary to terminate the above -referenced lease
and to enter into anew agreement ("Concession Agreement') with Oscar Cross in compliance withthe
requirements of the National Parks Service;
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY, AS
FOLLOWS:
Section 1. The Board of Commissioners hereby approves the Termination of
Lease Agreement among the City and Oscar Cross in substantially the form attached hereto as
Exhibit A and made part hereof. It is further determined that it is necessary and desirable and in
the best interests of the City to enter into the Termination of Lease Agreement for the purposes
therein specified, and the execution and delivery of the Termination of Lease Agreement is
hereby authorized and approved. The Mayor of the City is hereby authorized to execute the
Termination of Lease Agreement.
Section 2. The Board of Commissioners hereby approves the Concession Agreement
among the City and Oscar Cross in substantially the form attached hereto as Exhibit B and made
part hereof. It is further determined that it is necessary and desirable and in the best interests of
the City to enter into the Concession Agreement for the purposes therein specified, and the
execution and delivery of the Concession Agreement is hereby authorized and approved. The
Mayor of the City is hereby authorized to execute the Concession Agreement together with such
other agreements, instruments or certifications which may be necessary to accomplish the
transaction contemplated by the Concession Agreement.
Section 3. All ordinances, resolutions, orders or parts thereof in conflict with the
provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions of
this Order shall prevail and be given effect.
Section 4. This Order shall be in full force and effect on and after the date as approved by the
Board of Commissioners of the City of Paducah, Kentucky.
Mayor Brandi Harless
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 10, 2018
Recorded by City Clerk, September 10, 2018
MO\lease termination and concession agreement — Oscar Cross — 2956 Park Avenue
211749
TERMINATION OF LEASE
THIS TERMINATION OF LEASE AGREEMENT is made and executed on this
day of 2018, by and between the CITY OF PADUCAH, KENTUCKY, OF
P.O. Box 7265, Paducah, Kentucky 42002-7265, hereinafter referred to as "City," and OSCAR
CROSS BOYS & GIRLS CLUB OF PADUCAH, INC., of P.O. Box 203, Paducah, KY 42002-
0203, hereinafter referred to as "Oscar Cross".
WITNESSETH:
WHEREAS, on or about January 1, 2014, the City and Oscar Cross entered into a certain
lease agreement whereby the City leased to Oscar Cross the real property and improvements
located at 2956 Park Avenue, Paducah, McCracken County, Kentucky;
WHEREAS, Oscar Cross continues in possession of the Leased Premises under the
terms of said Lease; and
WHEREAS, the City and Oscar Cross, with approval from the Secretary of the Interior
and/or its representative, the National Park Service, have entered into a new Concession
Agreement for the assignment of the above-described premises to Oscar Cross;
WHEREAS, to consummate such Concession Agreement, Oscar Cross and the City are
required to terminate the current Lease Agreement;
NOW, THEREFORE, in consideration of the foregoing premises, the City and Oscar
Cross hereby declare that the Lease Agreement, and any amendments thereto, concerning the
Leased Premises is hereby terminated, and of no legal force and effect, as of the effective date of
this Termination.
This Termination of Lease shall be effective as of the day and date first above written.
WITNESS our signatures as of the date first above written.
CITY OF PADUCAH, KENTUCKY OSCAR CROSS BOYS & GIRLS
CLUB OF PADUCAH, INC.
0
Brandi Harless, Mayor
IC
Title:
State of KENTUCKY
County of MCCRACKEN
Subscribed, sworn, and acknowledged before me on this day of
, 2018 by Brandi Harless, Mayor of the City of Paducah, Kentucky, on
behalf of said entity.
My commission expires
Notary Public, State at Large
State of KENTUCKY
County of MCCRACKEN
Subscribed, swom, and acknowledged before me on this _ day of
, 2018 by of Oscar Cross Boys
& Girls Club of Paducah, Inc., on behalf of said entity.
My commission expires
2
Notary Public, State at Large
EXHIBIT B
CONCESSION AGREEMENT
See attachment.
CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT, ("Agreement") is made and executed as of this
day of 2018, by and between the CITY OF PADUCAH, KENTUCKY,
of P.O. Box 7265, Paducah, Kentucky 42002-7265, hereinafter referred to as "City," and
OSCAR CROSS BOYS & GIRLS CLUB OF PADUCAH, INC., of P.O. Box 203, Paducah, KY
42002-0203, hereinafter referred to as "Oscar Cross".
WHEREAS, the City took fee title to certain lands located at 2956 Park Avenue,
Paducah, McCracken County, Kentucky, known as the Army Reserve Training Center, from the
United States of America (hereinafter referred to as the "USA") as surplus property, and deeded
to the City of Paducah on February 28, 2012. Said deed is attached and hereinafter referred to as
Exhibit A; and
WHEREAS, Condition No. 3 of said deed provides that the City shall not sell, lease,
assign, or otherwise dispose of the premises, except to another eligible government agency.
However, nothing in this provision shall preclude the City from providing related recreational
facilities and services compatible with the approved application, through concession agreements
entered into with third parties, provides prior concurrence with such agreement is provided in
writing by the Secretary of the Interior or his/her delegated representative, National Parks
Service ; and
WHEREAS, the City and Oscar Cross desire to provide a public nondiscriminatory
recreation facility on the above-described premises for the use and benefit of the general public;
and
WHEREAS, the City is satisfied that the provision of additional services and facilities at
the above-described premises is in the City's best interest;
NOW THEREFORE, for the reasons set forth above, and in consideration of the mutual
covenants and agreements as hereinafter set forth, the City agrees to allow Oscar Cross to
provide a recreation facility upon a portion of the real property described in Exhibit A attached
hereto and incorporated herein by this reference. .
1. Location. The City does hereby assign to Oscar Cross the use of the premises as
described in Exhibit A, along with exclusive use of the appurtenant parking lot ("Assigned
Premises"). The City and Oscar Cross shall reasonably cooperate in their joint use and
enjoyment of the parking lot. The Assigned Premises shall also include the detached
maintenance garage located on the property. The City will at all times maintain possession and
control of the detached maintenance garage and shall have the right to use the detached
maintenance garage until such time as Oscar Cross shall notify the City of its desire to construct
a gymnasium on the property. All plans and specifications for such construction shall be
submitted to the City Commission for approval. After approval of the plans and specifications by
the City, Oscar Cross agrees to give the City no less than forty-five (45) days' notice prior to the
start of construction, at which time the City will vacate the property.
Said Assigned Premises shall be utilized by Oscar Cross ONLY as a public, nondiscriminatory
recreation facility and for no other purpose. Oscar Cross shall utilize the Assigned Premises in
compliance with any and all applicable federal, state, and local laws, codes, and ordinances.
Oscar Cross hereby accepts the Assigned Premises in its present condition, "AS IS," and with all
present defects and deficiencies.
2. Use of Assigned Premises. (a) Oscar Cross shall use, occupy and maintain the Assigned
Premises in a business like, careful, clean, and non -hazardous manner for the sole purpose of a
recreational facility; (b) such use shall be considered Oscar Cross's Concession Operation; (c)
Oscar Cross shall conduct its operations in strict compliance with, and subject to all of the
restrictions, covenants, terms, and provisions imposed by the Secretary on the Assigned Premises
as set forth in Exhibit A; (d) Written approval by the City and written concurrence by the
Secretary shall be required for any other proposed use(s) in conjunction with or in addition to
those specified in this Agreement.
Oscar Cross shall have full use and control of the Assigned Premises. Oscar Cross may, at its
sole option, open the Assigned Premises for public use during times Oscar Cross is not
conducting games or other regularly scheduled activities. Oscar Cross shall not be liable for any
claims, demands, or causes of action arising from public use or use by other organizations of the
property and improvements thereon, unless said claim, demand, or cause of action directly arises
from Oscar Cross's failure to keep the Assigned Premises in a state of good repair.
3. Personal Property and Fixtures. In furtherance of the objectives of this Agreement,
Oscar Cross shall have the use of certain personal property and fixtures currently owned by the
City which shall be maintained in good working condition, subject to reasonable wear and tear.
Upon completion of this Agreement, all items shall be accounted for and returned to the City.
During the course of this Agreement, any damage to personal property or fixtures shall be
reported to the City within a reasonable time of when the damage occurs.
4. Term. The primary term of this agreement shall be for a term of twenty (20) years,
commencing on , 2018 and ending on 2038.
5. Concession Payments. Oscar Cross shall pay unto City, as fees for the use and
occupancy of the Assigned Premises, the sum of One Dollar ($1.00) per annum, which sum shall
be paid on the date of the execution of this Agreement and upon each renewal date hereof.
6. Records and Documents. With respect to all matters covered by this Agreement, Oscar
Cross's records and documents shall be subject at all times to inspection or review by the City.
Oscar Cross will supply the City with any documents that may be needed by the City to file
required compliance reports with the Secretary.
7. Maintenance and Repair. During the term of this Agreement, Oscar Cross shall, at its
sole cost and expense, keep the Assigned Premises, both interior and exterior, in a state of good
condition and repair, including the parking lot as identified on the attached Exhibit B. All repairs,
replacements, maintenance, and restorations made by Oscar Cross shall be made in a good and
workmanlike manner, and Oscar Cross shall use materials at least equal in quality to the replaced
materials when new. Oscar Cross shall at all times maintain the Assigned Premises.
During the term of this Agreement, the City shall maintain the green space surrounding the
Assigned Premises.
8. Improvements. Oscar Cross may make, or cause to be made, to the Assigned Premises,
such future improvements as may be necessary or appropriate in connection with the carrying on
and efficient operation of Oscar Cross's use and occupancy of the Assigned Premises, subject to
all applicable building codes and the reasonable approval of the Engineering/Public Works
Director or his designee. As part of the commencement of any construction at or upon the
Assigned Premises, Oscar Cross shall first supply written notice to the Engineering/Public
Works Director or his designee describing the nature and extent of the specific improvements to
be undertaken.
9. Sponsorships. Oscar Cross may sell sponsorships to individual organizations and/or
private companies, and erect sponsor's signs in the Assigned Premises, subject to the prior
written approval of the Engineering/Public Works Director, or his designee, as to the size and
location of the sign in the Assigned Premises. Installation of any exterior signage shall require
approval through the City's sign ordinance.
10. Utilities. Oscar Cross shall be responsible for the cost of all utilities relative to the
Assigned Premises including specifically the utility bill from Paducah Power relating to the
lighting of the appurtenant parking lot.
11. Insurance. City shall maintain insurance coverage on the property, including the
buildings and improvements thereon. Oscar Cross releases and relieves the City and waives its
entire right of recovery against the City for loss or damage arising out of or incident to the perils
that occur in, on, or about the property and improvements, whether caused by the negligence of
the City, its agents, employees, or otherwise. Oscar Cross shall obtain from its insurer or insurers
provisions permitting waiver of any claim against the City for loss or damage within the scope of
the above-specified insurance.
Oscar Cross shall maintain comprehensive general liability coverage covering the Assigned
Premises and all related equipment and inventory under which the City shall be held harmless
and named as a loss payee for all persons participating in activities within and upon the property.
Coverage shall be in accordance with City's present coverage parameters, and any modifications
which City shall make in the future.
12. Indemnity. Oscar Cross hereby releases and discharges the City and shall fully protect,
indemnify, and keep and save the City harmless from any and all claims, demands, and causes of
action, and from any and all costs, charges, expense, penalties, and damages relating thereto,
which were incurred by any act or omission of Oscar Cross, or any of Oscar Cross's
representatives, assignees, agents, employees, licensees, invitees, and any other person or
persons occupying the property assigned to Oscar Cross, provided, however, that such loss or
damage was not caused by City.
13. Liens. Oscar Cross shall keep the Assigned Premises free from any and all liens arising
out of any work performed, materials furnished, or obligations incurred by Oscar Cross during
the term of this Agreement or any extension or renewal thereof.
14. Surrender and Waste. Oscar Cross agrees that upon expiration of this Agreement or
earlier termination thereof, it shall surrender the Assigned Premises to the City in as good or
better condition as at the time of execution of this Agreement, ordinary wear and tear excepted.
All trade fixtures, furniture, furnishings, and signs installed on the Assigned Premises by Oscar
Cross and paid for by Oscar Cross shall remain the property of Oscar Cross and may be removed
upon the expiration of the Term, assuming the same can be removed without materially
damaging the Assigned Premises.
15. Termination. This Agreement shall terminate automatically upon the occurrence of any
one or more of the following events ("events of default"):
(a) Failure or refusal of Oscar Cross to pay or cause to be paid any rental payments
within ten days following the due date;
(b) Failure by Oscar Cross to perform any agreement, covenant, condition,
obligation, and/or undertraining herein contained or to observe or comply with
any of the terms, provisions, and conditions of this Agreement, or any other
agreement executed by Oscar Cross with the City;
(c) Proceedings in bankruptcy by or against Oscar Cross, or for reorganization of
Oscar Cross's debts, or for the readjustment of any of its respective debts, under
any other laws, whether state or federal, for the relief of debtors, now or hereafter
existing, be commenced by it or commenced against it;
(d) The insolvency, assignment for the benefit of creditors, adjudication as a bankrupt
or the appointment of a receiver for substantially all of either Oscar Cross's
property and/or Oscar Cross's interest in this Agreement, except that should an
involuntary bankruptcy proceeding be filed against Oscar Cross, Oscar Cross
shall have ninety (90) days to have such proceeding terminated, provided that
Oscar Cross has otherwise complied with its obligations herein;
(e) The issuance of execution against either Oscar Cross's interest in this Agreement
or any legal process which by operation of law would cause Oscar Cross's interest
in this Agreement to pass to any persons other than Oscar Cross; or
(f) Oscar Cross abandons the Assigned Premises.
Upon termination of this Agreement, either in lapse pursuant to the terms of the same, or in the
event of default as defined herein, after written notice of default sent by City to Oscar Cross, the
City may immediately, or at any time thereafter, reenter the Assigned Premises without notice or
demand, and remove all persons and things therefrom with or without legal process and without
prejudice to any of City's other legal rights, using such force as may be necessary or proper for
the purpose.
If upon reentry there remains any abandoned property of Oscar Cross or any other persons upon
the Assigned Premises, the City may take possession of such property and sell it at public or
private sale with notice to Oscar Cross, and this right to take and sell shall be a prior lien and
claim against the property; or the City may, without obligation to do so, take possession of such
property and hold it for the owners thereof or may place the same in a public garage or
warehouse, all at the expense and risk of the owners thereof, and Oscar Cross shall reimburse the
city for any expense incurred by the City in connection with such removal or storage. If the City
elects to take possession of the property and sell it, the proceeds of such sale shall be applied first
to the cost of the sale, second to the payment of the charges for storage, if any, and third to the
payment of any other amounts which may then be due from Oscar Cross to the City, and the
balance, if any, shall be paid to Oscar Cross.
Notwithstanding any such reentry, upon default by Oscar Cross or a termination of this
Agreement occasioned by reason thereof, the rentals due hereunder for the remainder of the then -
current term for the Assigned Premises, and such other charges and/or obligations if any as may
otherwise be payable hereunder, shall be immediately due and payable. The City shall have a
lien on all personal property brought upon the Assigned Premises to the extent of Oscar Cross's
liability to the City hereunder.
In the event of default, the City shall be entitled to collect from Oscar Cross any and all costs and
expenses incurred by City in the enforcement of or collection upon this Agreement, including
attorneys' fees.
16. Holding Over. If Oscar Cross shall, with the consent of the City hold over after the
expiration or sooner termination of any term of this Agreement, the resulting tenancy shall,
unless mutually agreed, be for an indefinite period of time on a month-to-month basis. During
such month-to-month tenancy, Oscar Cross shall pay to City the last rate of rental as agreed
upon, and shall be bound by all of the provisions of this Agreement. Such holding over period
may be terminated by either party upon thirty (30) days written notice.
17. Damage to Assigned Premises. In the event that any portion of the Assigned Premises
shall be partially or totally destroyed by fire or the elements, or from any cause whatsoever, such
shall not affect the continued operation of this Agreement, and this Agreement shall remain in
full force and effect in accordance with the terms and provisions hereof, provided, however, that
the Assigned Premises subject to the destruction are restored with insurance proceeds, which
restoration shall be at the City's discretion. In the event that the City elects not to restore the
Assigned Premises, this Agreement shall terminate.
18. No Conveyance. Nothing in this Agreement shall be construed as conveying any estate
or interest in the Assigned Premises, or in any of the property described in Exhibit A to this
Agreement, from the City to Oscar Cross, nor does this Agreement surrender absolute control
over and possession of the Assigned Premises to Oscar Cross. The City, by this Agreement,
conveys, and Oscar Cross, by this Agreement, receives only such authority as is set forth in this
Agreement, and that may be necessary and appropriate to use the Assigned Premises in a manner
that is consistent with the operations specified herein.
Oscar Cross acknowledges that the property, including the Assigned Premises, is subject to the
possibility of reversion back to the United States without compensation being paid to Oscar
Cross should there be a material breach of noncompliance by the City or Oscar Cross for not
adhering to the deed covenants, restrictions, and agreements set forth in Exhibit A.
19. Condemnation. In the event of any governmental condemnation of any part of the
Assigned Premises, this Agreement shall continue in full force and effect according to the terms
and provisions herein. Any compensation paid for the condemnation shall be deemed the
property of the City, except to the extent such proceeds represent a payment for property owned
by Oscar Cross, which shall be paid to Oscar Cross.
20. Laws and Regulations. Oscar Cross is aware of and agrees that it will use the Assigned
Premises so as to conform with deeded environmental and usage controls and not violate any
laws, regulations, and/or requirements of the United States of America and/or the
Commonwealth of Kentucky and/or any ordinance, rule, or regulation of the City, now or
hereafter made, relating to the use of the Assigned Premises.
21. Waiver. Failure of either party to complain of any act or omission on the part of the other
party, no matter how long same may continue, shall not be deemed to be a waiver by said party
of any of said party's rights hereunder. No waiver by either party at any time, expressed or
implied, of any breach or provision of this Agreement shall be deemed a waiver of breach of any
other provision of this Agreement or a consent to any subsequent breach of the same or any other
provision. If any action by either party shall require the consent and approval of the other party,
the other party's consent to approval of such action on any one occasion shall not be deemed to
be a consent to or approval of said action on any subsequent occasion. Any and all rights and
remedies which either party may have under this agreement, upon any breach, shall be distinct,
separate, and cumulative and shall not be deemed inconsistent with each other; and no one of
them ,whether exercised by said party or not, shall be deemed to be an exclusion of any other.
22. Inspection of the Assigned Premises. The City, or its appointed employees or agents,
shall have the right to come upon the Assigned Premises for just cause without notice and at
reasonable times to examine and inspect the Assigned Premises for purposes of insuring Oscar
Cross's compliance with the terms and provisions of this Agreement.
23. Non-discrimination. The City and Oscar Cross agree to comply with all Federal laws
relating to nondiscrimination in connection with any use, operation, program, or activity on nor
related to the. previously described property, including, but not limited to:
All requirements imposed by or pursuant to the non-discrimination regulations of the U.S.
Department of the Interior (43 C.F. R. Part 17);
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d-1), which prohibits discrimination
on the basis of race, color, or national origin;
The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits
discrimination on the basis of age;
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of handicap;
The Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151), which requires facilities
located on the property to be accessible to the physically handicapped; and
The Americans with Disabilities Act of 1990 (42 U.S.C. 12181), which requires that no
otherwise qualified handicapped individual shall, solely by reason of his or her handicap, be
excluded from the participation in, be denied benefits of, or be subject to discrimination under
any program or activity receiving Federal financial assistance.
Executive Order 13672, which prohibits discrimination on the basis of sex, sexual orientation, or
gender identity.
24. Acknowledgment. This Agreement and the obligations of the parties hereto are subject
to the terms and conditions set forth in the Deed from the United States of America to the City of
Paducah, dated February 28, 2012, and recorded at McCracken County Clerk's Office at Book
1229 Page 247, attached hereto as Exhibit A, and the current Program of Utilization which
governs the use of the Assigned Premises. Violations of said terms and conditions may be
grounds for reversion to the United States of America, at its discretion and termination of this
Agreement, in the event of a reversion as described in this paragraph, personal and real property
improvements associated with the Assigned Premises and owned by Oscar Cross may be subject
to seizure, without compensation, by the United States.
25. Notices. All notices shall be in writing and sent (unless otherwise provided herein) via
first class mail, postage prepaid, or personally delivered. Any marked notice shall be deemed to
be sent on the day deposited in the mail. Any notice shall be sent to the following addresses:
CITY: OSCAR CROSS:
City of Paducah Oscar Cross Boys & Girls Club of Paducah, hic.
Engineering/Public Works Director
P O Box 2267 P O Box 203
Paducah, KY 42002-2267 Paducah, KY 42002-0203
26. Entire Agreement. This Agreement embodies the entire agreement between the parties
with respect to the assignment and use of the Assigned Premises. There are no representations,
terms, conditions, covenants, or agreements between the parties relating thereto which are not
contained herein. All previous agreements executed between the parties shall be deemed novated
upon the effective date of this Agreement. This Agreement shall completely and fully supersede
all other prior agreements, both written and oral, between the parties pertaining of the Assigned
Premises. This Agreement shall be deemed drafted by both parties, and no ambiguity in the
construction of this Agreement shall be resolved against either party by reason of the
draftsmanship of this Agreement.
27. Captions. The article and paragraph headings and captions contained hereunder are
included for convenience only and shall not be considered a part hereof or affect in any manner
the construction or interpretation of this Agreement.
28. Severability. In the event any provisions of this Agreement shall be deemed null and
void or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any of the remaining provisions hereof.
29. Assignment and Subletting. Oscar Cross shall not assign this agreement or any interest
herein, nor let or sublet the said premises or any part thereof or any right or privilege appurtenant
thereto, nor permit the occupancy or use of any part thereof by another person. Said let or
underlet shall be grounds for termination of this Agreement by the City or possible reversion by
the United States.
30. Successors and Assians. The covenants, terms and conditions and obligations set fort
hand contained in this Agreement shall be binding upon and inure to the benefit of the City and
Oscar Cross and their respective heirs, successors, and assigns.
31. Legal Action. In the event of any legal enforcement of this agreement, Oscar Cross does
hereby subject itself to the jurisdiction of the McCracken County Courts. OSCAR CROSS
DOES HEREBY WAIVE TRIAL BY JURY.
32. Charitable Purpose, Oscar Cross acknowledges that its use of the Assigned Premises is
for a charitable and public purpose, operating for the public benefit on a nondiscriminatory basis
and shall manage the Assigned Premises accordingly.
33. Effective Date. The effective date of this agreement shall be on the date this agreement
has been executed by all parties hereto. Oscar Cross shall be entitled to possession of the
Assigned Premises on the effective date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day
and date first written above.
CITY OF PADUCAH, KENTUCKY
By:
Brandi Harless, Mayor
State of KENTUCKY
County of MCCRACKEN
OSCAR CROSS BOYS & GIRLS
CLUB OF PADUCAH, INC.
i
Title:
Subscribed, sworn, and acknowledged before me on this day of
2018 by Brandi Harless, Mayor of the City of Paducah, Kentucky, on
behalf of said entity.
My commission expires
Notary Public, State at Large
State of KENTUCKY
County of MCCRACKEN
Subscribed, sworn, and acknowledged before me on this _ day of
, 2018 by , of Oscar Cross Boys
& Girls Club of Paducah; Inc., on behalf of said entity.
My commission expires
Notary Public, State at Large
EXHIBIT A
TERMINATION OF LEASE AGREEMENT
See attachment.
Agenda Action Form
Paducah City Commission
Meeting Date: September 10, 2018
Short Title: New Lease of the former Armory Building to Oscar Cross Boys & Girls Club
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jim Arndt, Mark Thompson, Holly Homra, Denton Firm
Presentation By: Mark Thompson, Parks and Recreation Director
Background Information:
In April of 2014 the City and Oscar Cross Boys & Girls Club entered into a lease agreement. OCBGC came to
us requesting authorization to make facility changes and changes to the original lease. After going through the
paperwork on the project we verified that we cannot give the property to OCBGC. Additionally the review
uncovered the need for a new concessions lease that met the standards of the National Parks Service. The new
lease is attached. It calls for a twenty year lease which is the maximum allowable. Furthermore, after approval
by the City Commission, OCBGC will be able to make structural changes to the building such as a gym as their
needs increase.. The OCBGC Board and City staff had the opportunity for input and all have come to
agreement with the new lease.
Finally, the former lease has to be terminated in order for the new lease to be in place.
Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: N/A
Account Number: Finance
Project Number:
Staff Recommendation:
Adopt a Municipal Order authorizing the Mayor to execute a new Lease Agreement OCBGC for the former
Armory, 2956 Park Avenue and termination of the existing lease from April of 2014.
Attachments:
Copy of Lease Agreement
MHT i
Department Head City Clerk City Manager
go, i54
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF ROLL-OUT
CONTAINERS, LIDS AND ADDITIONAL REPLACEMENT PARTS FROM TOTER, INC., IN AN
AMOUNT NOT TO EXCEED $120,000.00 FOR THE ENGINEERING -PUBLIC WORKS SOLID
WASTE DIVISION
WHEREAS, the Engineering -Public Works Solid Waste Division is in need of new roll-
out solid waste containers for distribution to the citizens of Paducah as required for solid waste pick-up;
and
WHEREAS, this equipment is available under National Intergovernmental Purchasing
Alliance (IPA) Contract Number 171717, and, therefore, competitive bidding is not required; and
WHEREAS, in order to allow the purchase for additional roll -outs, lids and replacement
parts as necessary throughout the fiscal year, the Solid Waste Division is requesting that authorization be
given to allow purchases in an amount not to exceed $120,000.
I�[�]�i�AIY:I�I7\Iii7:7:A:7:YY1[i7:7Y7:1:7:1Y7:1•DIY:I:Y:LY7_\:�YZY7:[KY]uh\IF.XY[Yl�l:! 7.`IYIY
THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah hereby authorizes the Finance Director to make
payment to Toter, Inc., for the purchase of roll-out refuse containers, lids and replacement parts for the
2018--2019 fiscal year, in an amount not to exceed the City's budgeted amount of $120,000 and
authorizes the Mayor to execute all documents related to same. These containers and accessories will be
used by customers within the City limits of Paducah served by the Solid Waste Division, Engineering -
Public Works Department. This purchase is made in compliance with the National Intergovernmental
Purchasing Alliance (IPA) Contract Number 171717.
SECTION 2. This expenditure shall be charged to the Solid Waste Fund —Non Rolling
Stock -Equipment Other, account number 50002209-542190.
SECTION 3. This order shall be in full force and effect from and after the date of
its adoption.
Mayor Brandi Harless
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 10, 2018
Recorded by Lindsay Parish, City Clerk, September 10, 2018
\rno\refuse-rollout containers 9-2018
Agenda Action Form
Paducah City Commission
Meeting Date: September 10, 2018
Short Title: Purchase of Solid Waste Roll Outs Containers for the FY2018-
2019 from Toter, LLC Utilizing the National IPA Contract
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Chris Yarber, Asst. Director Public Works
Pam Souder, Admin. Asst. III
Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director
Background Information:
Toter, LLC, is the current Vendor listed on the National IPA Contract for the purchase of
solid waste roll out containers. The Engineering -Public Works Department, Solid Waste
Division is in need of new roll out containers to be utilized by roll out customers within the
City and would like to utilize the existing National IPA contract for this purchase. Every
year, an amount is allocated toward roll out container purchases in the annual residential
refuse replacement budget. Therefore, we are requesting authorization to order the required
roll outs along with additional replacement parts and lids during the 2018-2019 Fiscal Year in
an amount not to exceed the budgeted amount of $120,000.00. The National IPA Contract
number is 171717.
Goal: []Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns
Funds Available: Account Name: Solid Waste Fund - qS
Non Rolling Stock -Equipment Other dance
Account Number: 50002209 542190
Staff Recommendation:
To adopt a Municipal Order authorizing the purchase of Solid Waste Roll Out Containers for
the FY2018-2019 utilizing the National IPA contract price from Toter, LLC, in an amount
not to exceed $120,000.00.
Attachments:
Denton Law legal opinion regarding use of IPA Contract
dL��'
Dep e t ad City C rk Ci anager
]?ENTON
W FIRM
MEMORANDUM
TO: Chris Yarber, City of Paducah
FROM: Lisa Emmons, Holly Homra
DATE: August 30, 2018
RE: Procurement of Roll -Outs for Solid Waste
Paducah Bank Building, Suite 301
555 Jefferson Street
P.O. Box 969
Paducah, Kentucky 42002-0969
TELEPHONE: (270) 450-8253
FACSIMILE: (270) 450-8259
You have inquired about whether the City of Paducah may purchase roll-out trash receptacles
from the National Intergovernmental Purchasing Alliance without placing this contract out for
bids. After researching this issue, we have determined that the City may do so.
The National Intergovernmental Purchasing Alliance (National IPA) is a cooperative purchasing
organization that works with governmental entities to competitively bid and award contracts for
the purchase of services and supplies. Contracts are bid in accordance with state procurement
requirements so that they can be used by many types of governmental entities, including states,
counties, cities, special agencies, and educational institutions. To do this, National IPA partners
with "lead agencies" which prepare a Request for Proposals (RFP) for specific services or
supplies. Vendors then competitively bid on these RFPs, and a contract is awarded to the best
bidder. Once a contract is awarded, all participating governmental agencies can deal directly
with the successful vendor, using the National IPA contract.
The Kentucky Model Procurement Code allows cooperative purchasing of this nature. Pursuant
to the Code, a public purchasing unit (here, the City of Paducah) may participate in a cooperative
purchasing agreement with another public purchasing unit or foreign purchasing activity (here,
the National Intergovernmental Purchasing Alliance) for the acquisition of any supplies or
services. See, KRS 45A.300. By opting into the National IPA, the City has entered into a
cooperative purchasing agreement and can use this agreement to purchase the above-mentioned
roll-out receptacles and any other products offered through National IPA without having to use
its own time and resources to put these contracts out for bids.
a .,
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT WITH PAXTON PARK GOLF BOARD IN AN AMOUNT OF $50,000
FOR SPECIFIC SERVICES
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The Mayor is hereby authorized to execute a contract with
Paxton Park Golf Board in the amount of $50,000.00, to be paid in two equal payments
of $25,000.00, for specific services for the Paducah area. This contract shall expire June
30, 2019.
SECTION 2. This expenditure shall be charged to the FY2019 General
Fund Account Number 10000106 580110.
SECTION 3. This Order shall be in full force and effect from and after
the date of its adoption.
Mayor Brandi Harless
ATTEST:
Lindsay Parish, City Clerk
Adopted by the Board of Commissioners, September 10, 2018
Recorded by Lindsay Parish, City Clerk, September 10, 2018
\MO\contract-Paxton Park Golf Board FYI
Agenda Action Form
Paducah City Commission
Meeting Date: September 10, 2018
Short Title: Investment Fund Allocation for Paxton Park Golf Course
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Paxton Park Golf Board, Danny Mullen, Jim Arndt & Mark
Thompson
Presentation By: Mark Thompson
Background Information: The Paxton Park Golf Board has authorized $50,000 for operating
funds. The contract is attached This is a part of the FY 2019 '. The Paxton Park
Golf Board shall provide affordable golf services to citizens and visitors to our community and
share facilities with the City of Paducah Parks Services golf programs in consideration for the
payment described above.
This ordinance authorizes the Mayor to enter into an agreement with the Paxton Park Board for
facility use and services.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
&-,exy s��
Funds Available: Account Name: FY 2019 1**est4�u
Account Number: lc)00060(® 5SO1Ip Finance
Staff Recommendation: Approval
Attachments: Contract
MHT
anager
�
Department Head City Clerk City M
CONTRACT FOR SERVICES
This Contract for Services, effective this day of 20$18, by and between the
CITY OF PADUCAH ("City") and the PAXTON PARK GOLF BOARD d/b/a PAXTON
PARK MUNICIPAL GOLF COURSE ("Paxton Park").
WITNESSETH:
WHEREAS, Paxton Park Golf Course provides a quality public recreational facility to Paducah
and McCracken County, and
WHEREAS, Paxton Park is a stop for many visitors to our area who travel through on I-24 as
well as a destination for participants who travel to Paducah for the 30+ events hosted at the golf
course each year. In addition, the facility hosts both Paducah Tilghman and McCracken County
High School Golf Teams and players activities at no charge during the year. Paxton Park also
gives away junior golf to deserving junior players and hosts many nonprofit fundraisers during
the course of the season. and
WHEREAS, the City of Paducah desires to contract with Paxton Park for the services to be
described herein under the terms and conditions set forth in this Contract for Services.
NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants as
herein set forth, the parties do covenant and agree as follows:
SECTION is TERM The term of this contract for services shall be from the effective date of
the contract until June 30, 2019.
SECTION 2: TERMINATION Either party may terminate this Contract for Services upon
failure of any party to comply with any provision of this agreement provided any such party
notifies the other in writing of such failure and the breaching party fails to correct the breach
within thirty (30) calendar days of the notice.
SECTION 3: OPERATIONS PAYMENT - Upon receipt of an invoice from Paxton Park, the
City shall pay the Paxton Park total amount of $50,000 in two equal payments of $25,000. The
first will be made within two weeks of the signing of this contract by all parties. and the second
upon receipt of the annual financial statement audit, as referenced in Section 5 D of this contract.
In the event this contract for services is terminated, the City shall not be obligated to make any
further payments.
SECTION 4: OBJECTIVES AND SERVICES Paxton Park will continue to provide
Paducah/McCracken County with a quality public golf facility, as well as support local youth
golf activities and community -enhancing activities at the facility.
SECTION 5: ACCOUNTING
(A) Paxton Park shall conduct all accounting, payroll, and financial management on the
project and will continue to provide copies of monthly financial reports to the Director of
Parks and Leisure Services.
(B) Paxton Park shall supply to the City Manager a copy of the complete financial report for
the Calendar Year of 2018 following review and approval of the report(s) by the Paxton
Park Board of Directors, to be submitted no later than January 31, 2019.'
(C) Paxton Park shall famish the City a Report that lists all of the tournaments and special
event activities sponsored and conducted during the Calendar Year.
(D) Paxton Park Golf Board (d/b/a Paxton Park Municipal Golf Course), shall supply an
annual financial statement audit within 2 weeks of its completion.
SECTION 6: ENTIRE AGREEMENT This contract for services embodies the entire
agreement between the parties and all prior negotiations and agreements are merged in this
agreement. This agreement shall completely and fully supersede all other prior agreements, both
written and oral, between the parties.
SECTION 7: WITHDRAWAL OF FUNDS Notwithstanding any other provision in this
Contract for Services, in the event it is determined that any funds provided to Paxton Park are
used for some purpose other than in furtherance of the services described herein, the City shall
have the right to immediately withdraw any and all further funding and shall immediately have
the right to terminate this Contract for Services without advance notice and shall have the right to
all remedies provided in the law to seek reimbursement for all monies not properly accounted.
Witness the signature of the parties as of the year and date first written above.
CITY OF PADUCAH
Brandi Harless
Mayor
PAXTON PARK GOLF BOARD
d/b/a PAXTON PARK MUNICIPAL GOLF COURSE
B
D L MULLEN
Direc or of Golf & Ope tion
Rick Loyd, Chairman
Paducah Golf Commission
ORDINANCE NO. 2018-_q_
AN ORDINANCE APPROVING THE FINAL REPORT OF THE PADUCAH
PLANNING COMMISSION ON THE PROPOSED FINAL SUBDIVISION FOR PROPERTY
LOCATED AT 3501 PECAN DRIVE; ACCEPTING THE DEDICATION OF RIGHT OF
WAY; ACCEPTING PUBLIC UTILITY EASEMENTS; AND AUTHORIZING THE MAYOR
TO SUBSCRIBE A CERTIFICATE OF APPROVAL ON THE PLAT
WHEREAS, the Paducah Planning Commission held a public hearing on June 18,
2018, and adopted a preliminary subdivision plan for property located at 3501 Pecan Drive; and
WHEREAS, by Resolution dated August 20, 2018, the Paducah Planning
Commission recommends to the Board of Commissioners the adoption of an ordinance
approving the revised final plat of subdivision of property of Colgan Properties, LLC; and
WHEREAS, the City Engineer has received and approved an Irrevocable Letter of
Credit in the amount of $150,000, for surety as to the completion of public improvements, in
accordance with the proposed subdivision plan and the City's specifications.
KENTUCKY:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
SECTION 1. That a resolution adopted by the Paducah Planning Commission on
August 20, 2018, entitled, "A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE
PADUCAH PLANNING COMMISSION ON THE PROPOSED FINAL SUBDIVISION FOR
PROPERTY LOCATED AT 3501 PECAN DRIVE", be approved as the final report of said
Commission respecting the matters set forth therein.
SECTION 2. That the subdivision of said property shall be, and it is hereby,
approved as shown on the plat referred to in said subdivision, which plat is entitled, "Final
Subdivision Plat Colgan Properties, LLC, U.S. Highway 62 & Pecan Drive Paducah, McCracken
Co., KY", and said property is hereby declared to be subdivided as shown on said plat.
SECTION 3. That the City hereby accepts Irrevocable Letter of Credit No. 8033
in the amount of $150,000.00, for surety of the completion of the street, curbs, gutters and right-
of-way in the development that meets the minimum standards required by the City of Paducah
Engineering Department pursuant to the City of Paducah Code of Ordinances.
SECTION 4. That the dedication of the public right-of-way and public utility
easements shown on said plat shall be, and they are hereby, accepted and shall be maintained by
the City of Paducah, but such acceptance shall not constitute an undertaking on the part of this
Board or the City of Paducah, Kentucky, for the construction or improvements of said right-of-
way. The Mayor is hereby authorized to subscribe a certificate of approval on the plat.
SECTION 5. That if any section, paragraph or provision of this ordinance shall be
found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such
section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make
each and every section, paragraph or provision hereof, it being the purpose and intent of this
ordinance to make each and every section, paragraph and provision hereof separable from all
other sections, paragraphs and provisions.
SECTION 6. This ordinance shall have two separate readings and will become
effective upon summary publication pursuant to KRS Chapter 424.
Brandi Harless, Mayor
ATTEST:
Lindsay Parish, City Clerk
Introduced by the Board of Commissioners, August 28, 2018
Adopted by the Board of Commissioners,
Recorded by Lindsay Parish, City Clerk, 1 Q
Published by The Paducah Sung 1 i
\ord\plan\subd- Colgan Properties 3501 Pecan Drive
Agenda Action Form
Paducah City Commission
Meeting Date: August 28, 2018
Short Title: Acceptance of Colgan Properties, LLC Subdivision
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Eric Hickman, P.E., Stormwater & Drainage Engineer
Presentation By: Rick Murphy, P.E., City Engineer
Background Information:
The final plat of subdivision, the subdivision roadway plans, and stormwater management plan
submitted for the Colgan Properties, LLC Subdivision have been reviewed and are approved as
noted by letter dated August 23, 2018 by the Engineering — Public Works Department. The
aforementioned letter was mailed to the engineer of record and owner on August 23, 2018. On
August 20, 2018, the Paducah Planning Commission adopted a Resolution approving the final
plat of the Colgan Properties, LLC Subdivision. The City Engineer — Public Works Director
required an amount of $150,000 be submitted as surety for the completion of the public
improvements. On August 23, 2018, Colgan Properties, LLC, provided an Irrevocable Letter of
Credit #8033 issued by Paducah Bank in the amount of $150,000 for completion of the
subdivision public improvements pursuant to City of Paducah Ordinances.
Goal: ®Strong Economy ® Quality Services® Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
To adopt an Ordinance authorizing the Mayor to execute the Final Plat of Subdivision for the
Colgan Properties, LLC Subdivision, to accept the Irrevocable Letter of Credit as surety for
completion of the public improvements in the amount of $150,000 and to accept the dedication
of the public right of way and easements as shown on said Final Plat
Attachments:
Planning & Zoning Resolution, Letter of Credit, Final Plat, Subdivision Approval Letter
�2y ger
0
August 22, 2018
IRREVOCABLE LETTER OF CREDIT NO. 8033
City of Paducah
Engineering Department
300 S 5"' St
Paducah KY 42001
Dear Sir or Madam:
We hereby establish our Irrevocable Letter of Credit No.8033 in your favor for the account of Colgan
Properties, LLC, dated August 22, 2018, available by your drafts(s) on us at sight, up to the aggregate
amount of One Hundred Fifty Thousand Dollars and No/100 ($150,000.00).
Drafts are not to be presented for collection unless construction of the street, curbs, gutters and right-of-
way in the development known as Colgan Properties, LLC Subdivision does not meet the minimum
standards required by the City of Paducah Engineering Department. Each draft so drawn under this credit
must be marked, 'Drawn under The Paducah Bank and Trust Company, 555 Jefferson Street, Paducah,
Kentucky, Credit No. 8033, dated August 22, 2018," and be accompanied by a signed statement from an
authorized representative of the City of Paducah Engineering Department that Colgan Properties, LLC is
in default of the road and infrastructure bond agreement with the City of Paducah Engineering Department
and the amount drawn represents the balance required to properly construct the street, curbs, gutters and
right of way in the development known as Colgan Properties, LLC Subdivision.
This credit sets forth in full the terms of our obligations to you, and such undertaking shall not in any way
be modified or amplified by an agreement in which this credit is referred to or to which this credit relates,
and any such reference shall not be deemed to incorporate herein by reference any agreement.
This Letter of Credit is subject, to the International Standby Practices (ISP98), International Chamber of
Commerce Publication No. 590.
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will
be duly honored if drawn and presented for payment to our main office, The Paducah Bank and Trust
Company, Attention: Letter of Credit Department, 555 Jefferson Street, Paducah, Kentucky 42001. This
Letter of Credit expires August 22, 2019.
Sincerely,
c
Tom Clayton
Senior Vice President
PADUCAH BANK
555 Jefferson Street / P.O. Box 2600 / Paducah, Kentucky 42002 / 270.575.5700 / 800.575.5705 / paducahbank.com / MEMBER FBIB
A RESOLUTION CONSTITUTING THE FINAL REPORT OF THE PADUCAH PLANNING
COMMISSION ON THE PROPOSED FINAL SUBDIVISION FOR PROPERTY LOCATED AT 3501
PECAN DRIVE.
WHEREAS, this Commission, at a public hearing held on June 18, 2018, adopted a preliminary subdivision plan
for property located at 3501 Pecan Drive; and
WHEREAS, all matters regarding the plat have been made known to the Commission; and
WHEREAS, a final plat of said subdivision has been submitted to the Paducah Planning Commission, being
entitled "Colgan Properties, LLC".
NOW THEREFORE, BE IT RESOLVED BY THE PADUCAH PLANNING COMMISSION:
SECTION 1. That this Commission recommend to the Mayor and Board of Commissioners the
adoption of a Resolution or the entry of an Order approving said final plat and the subdivision reflected thereon.
SECTION 2. That this Resolution shall be treated as, and is, the final report of the Paducah Planning
Commission respecting the matters appearing herein and it, with a copy of said plat, shall be submitted to the
Mayor and Commissioners pursuant to law.
SECTION 3. That said plat shall be released for recording purposes after favorable action by the Mayor
and Commissioners upon this report.
SECTION 4. That if any section, paragraph or provision of this Resolution shall be found to be
inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or
provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this
Resolution to make each and every section, paragraph and provision hereof separable from all other sections,
paragraphs and provisions.
e&
Cathy Cre 711
u ; Chairwoman
Adopted by the Paducah Planning Commission on August 20, 2018
Rick Murphy, P.E.
City Engineer & Public Works Director
August 23, 2018
SiteWorx Survey & Design, LLC
Jason Goins, P.E.
124 South 31s` Street
Paducah, Kentucky 42001
CITY OF PADUCAH
300 South 5th Street
P. O. Box 2267
Paducah, KY 42002-2267
v w ..paducahkygov
RE:. Colgan Properties, LLC Commercial Subdivision
Dear Jason,
Phone: (270) 444-8511
Fax: (270) 444-8689
The subdivision plans, stormwater pollution prevention plan (SWPPP) and the stormwater
management plan submitted for the above referenced subdivision have been reviewed and are
approved, subject to the following conditions as stated below. In making these findings, the
'Engineering — Public Works Department has relied upon the engineer of record signature and seal on
the submitted design plans for purposes of determining compliance with City of Paducah's
ordinances. Nothing contained herein shall be construed as an assumption of liability by the City of
Paducah Engineering — Public Works Department or a waiver of liability of the engineer who
submitted the design plans if it is subsequently determined the engineer of record erred in his/her
design calculations and/or application of various materials causing the design plans to become
incompliant with City ordinances.
SUBMITTALS REQUIRED
1 Specifications -For ALL construction within the right of way to be dedicated, the quality of
construction, materials and testing shall. equal or exceed the Kentucky Transportation Cabinet
Department of Highways Standard Specifications for Road and Bridge Construction.
GENERAL COMMENTS
1. The Developer will be responsible to employ a professional engineer to ensure the construction
of all improvements required by the City of Paducah's Subdivision Ordinance are completed in
accordance to the plans as approved by the City Engineer and in conformity with all applicable
City standards. The Developer will be responsible for all field verifications and inspections and
all costs incurred.
2. An Engineering Department's representative will be on site to periodically spot-check the
construction in progress. The Engineering Department will not be held responsible for work that
is not completed in accordance to the approved subdivision's construction plans.
7��ttttck
EQUAL OPPORTUNITY EMPLOYER
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3. ALL construction of public improvements to be dedicated to the City of Paducah, the quality of
construction, materials, and testing shall equal or exceed the Kentucky Transportation. Cabinet
Department of Highways Standard Specifications for Road and Bridge Construction.
4. The Engineer of Record and the City Engineer shall approve all shop drawings, materials, etc.
prior to ordering/purchasing these materials.
5, 'The responsibility of the construction of the improvements and the ownership and maintenance
responsibilities during construction shall be those of the developer. Lack of installation of the
facilities in accordance with all City requirements will result in the subdivision not being
accepted.
6. Prior to final acceptance of the subdivision, a licensed professional engineer must submit the
certification that all required improvements were constructed in accordance with the approved
plans, specifications, and subdivision ordinance.
7:. A one-year warranty period will begin for the entire system on the date of the acceptance letter
of the City Engineer.
8. A final set of Construction As -Built plans shall be submitted at the completion of the project.
Electronic media submittals are acceptable.
9. It shall be understood the City reserves the right to make field corrections as a result of
inadvertent oversights, deficiencies or unforeseen errors to the plans as made evident during
construction of any project. It shall also be understood all financial responsibilities resulting
from said field revisions will not include the City of Paducah's participation. If any revisions
are required, said revisions shall be completed under the direct supervision and approval of the
City Engineer's Office.
10. The approval herein shall not in any manner be interpreted as being any type of approval,
statement or warranty concerning the location and/or extension of the depicted utility services.
The Property Owner/Developer shall be responsible for obtaining the necessary approvals and
permits for connections/extensions of utility services through the various utility companies. The
approval of this site plan shall be construed as being in conformance with City Ordinance for the
site plan requirements.
ROADWAY - CURB AND GUTTER
1. The developer's engineer/developer/contractor shall notify the City Engineer's office 48 Hours
in advance of the following construction procedures:
a. Prior to the placing the D.G.A. Sub -base on any soil subgrade. (Proof rolling
required)
b. Prior to pouring any curb and gutter placement. (Verification of positive drainage)
c. Prior to any asphalt base placement. (Proof rolling required)
2. Traffic control shall be in accordance with the latest edition of the Manual on Uniform Traffic
Control Devices.
3. Once field staking has been completed, the Engineer/Contractor shall notify the City
Engineer's office for approval prior to constructing the curb and gutter.
4. When the contractor feels the DGA is ready for final inspection, this office will verify the
prepared surface allows for the designed cross slope, as well as consistent and proper depth of
asphalt.
5. No more than 24 hours immediately prior to paving, facilitate a proof roll utilizing, at minimum,
a tandem truck with at least 20 tons.
6. At the time of completion of the curb and gutter, the Engineer/Contractor shall notify the City
Engineer's office for approval of the work completed prior to the placement of asphalt.
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7. Any pavement and/or curb and gutter grading resulting in water standing will be rejected, and
corrected immediately. All costs associated with any necessary corrections shall be born by the
developer. The City will not be responsible for any oversights made by the engineers or
contractors. .
8. All trench backfill within the City of Paducah's right of way shall be in accordance with the City
of Paducah's Utility Roadway Trench Detail.
9. Trench Backfill for sanitary sewer and water line - 80 psi Flowable fill required if roadway is
paved. immediately following installation of roadway base. However, if roadway base is allowed
to settle for a time period approved by the City Engineer, Flowable Fill will not be required and
DGA can be used for backfill
10. Verification of all required testing and inspection reports shall be submitted to this office by the
Developer's Engineer to verify compliance of the approved construction of all public
infrastructure. The Developer's Engineer shall also submit verification of all required testing
and inspection reports to the appropriate public and private agencies to verify compliance of the
construction.
11. Existing roadways damaged during construction shall be repaired to the City Engineer's
satisfaction when construction is complete.
12. Prior to any deviation from the approved plans or specifications during construction, approval
shall be obtained from the City Engineer in writing.
PUBLIC UTILITIES
1. The Property Owner/Developer shall be responsible for obtaining the necessary approvals and
permits for connections/extensions of utility services through the various utility companies.
2. Verification of all required testing, inspection reports and certifications shall be submitted to the
appropriate public and private utility agencies by the Developer's Engineer to verify compliance
of the approved construction.
3. A copy of the approval and acceptance by the public and private utility agencies shall be
provided to the City Engineer prior to subdivision acceptance.
DRAINAGE & GRADING
1. Perpetuation of existing drainage not affected by the proposed project shall be maintained at all
times.
2. All ditches disturbed during construction shall be returned to their original lines and grades. The
improvement of this site shall not detour or obstruct the necessary drainage required.
3. Excelsior matting is required for the full length of the disturbance in the ditches located within
the public right-of-way.
EROSION PREVENTION AND SEDIMENT CONTROL
i, Erosion control prevention measures shall be installed prior to stripping of topsoil and
vegetative cover. If this is ignored, the project will be subject to being shut down immediately
without notice. The project will not resume until proper silt protection has been installed and
approved by the City Engineer's office. All potential erosion shall be controlled in such a
manner so as to prevent any displacement of silt to the adjacent property owners, streams, and/or
right of way. This control shall be implemented through proper installation of silt fence or straw
bales during the construction duration and maintained until proper ground cover has been
established.
Page 4 of 5
2. All potential erosion shall be maintained and controlled within the development site.
Erosion shall be controlled through proper installation and effective uses of erosion control
devices, i.e. silt fences and inlet protection. Applicable erosion control devices/measures
shall be perpetually maintained during the construction phase of this project until a proper
vegetative ground cover is established. (The general contractor shall be solely responsible
for all costs associated with any cleanup/restorations; but not limited to adjacent ditches,
creeks, streams, properties, and applicable fines direct and/or indirect should displacement
of silt beyond the development site occur.)
The Erosion Prevention and Sediment Control Plan dated August 21, 2018 submitted by Jason Goins,
P.E. is approved in accordance with City of Paducah Code of Ordinances Chapter 50, Article IV
"Erosion Prevention and Sediment Control" with the following conditions:
• All potential erosion shall be maintained and controlled within the.development site in
accordance with the approved EPSC plan.
• Applicable erosion control devices/measures shall be perpetually maintained during the
construction phase of this project until a proper vegetative ground cover is established.
In accordance with the requirements in City of Paducah Code of Ordinances Chapter 50 — Article III,
Stormwater Conveyance and Management shall apply to the following:
STORMWATER MANAGEMENT PLAN APPROVAL
The Regional Stormwater Management Plan submitted for this subdivision on August 21, 2018 is
approved, in accordance with Section 50 Article III "Stormwater Conveyance and Management"
with the following conditions:
1. Section 50-155 (7) Construction Certification: "Prior to final. approval of the development, the
licensed professional engineer must submit certification that the storm water management and
conveyance facilities were constructed in accordance with the approved plan. Final approval
shall also provide evidence of the recording of all storm water conveyance and management
facilities.deed restrictions, easements and rights-of-way. Any request for deviation from the
approved plan during construction shall be submitted to the city plan review staff in writing for
approval."
2. The Engineer shall verify that the detention facility has positive drainage with side slopes being
at least 3:1 for the purpose of maintenance,
3. The bottom of.all detention basins shall be graded/sloped with a 1% grade directly to the
outlet point to allow for continuous drainage. No flat bottom detention ponds will be
accepted. The ENTIRE detention pond shall be maintained in a "LAWN STATE" for the
duration of the detention pond.
SUBDIVISION PLAT PROCESS
1. Prior to proceeding to the Board of Commission; the developer will need to meet one of the
following requirements. Please advise which route the Developer wishes to pursue.
a. Completion of all required improvements in accordance to the City of Paducah's
Subdivision Ordinance and accepted by City Engineer. (Note: lots cannot be sold under
this scenario until the subdivision is complete and accepted)
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2. Subsequent to approval by the Board of Commissioners, the Final Plat of Subdivision will need
to be recorded at the McCracken County Clerk's office.
1. Subsequent to completion of the subdivision construction, a licensed professional engineer must
submit a letter to the City Engineer stating that all required subdivision improvements, including
all public improvements, monumentation, stormwater management system, etc., were constructed"
in accordance with the approved plans, specifications, and City of Paducah's Subdivision
Ordinance.
2. Following receipt of the correspondence from the licensed professional engineer of the
completion of the subdivision, a walk-through inspection can be scheduled. The notification of
the walk-through meeting date and time shall be addressed to all parties concerned in writing.
3. Subsequent to the walk-thru, if all necessary items have been completed by the developer, a letter
will be issued -by this office stating that all improvements required by the City of Paducah's
Subdivision Ordinance have been completed in conformity with all City standards. A one- year
warranty period will begin for the entire system on the date of the acceptance letter.
4. Until full subdivision acceptance by the City, the responsibility of the construction of the
improvements and the ownership along with all maintenance responsibilities shall be those of
the developer. Lack of installation of the facilities in accordance with all City requirements will
result in the subdivision not being accepted.
FOLLOW-UP - CONCLUSIONS
We would like to note that the responsibility of the construction improvements and the ownership
and maintenance responsibilities during construction shall be those of the engineer of record,
contractor, and developer. Failure to comply with noted conditions outlined herein may result with
the development to become unacceptable until such time as potential deficiencies are addressed.
Enclosed, please find a compact disk that contains the electronic version of the approved plans for
your files. If you have any questions regarding this matter, please call.
Sincer ly,
Rick Murphy P.E. '
City Engineer -Public . rks Director .
cc: James Arndt, City Manager
Tammara Tracy, Planning Director
John Colgan, Developer
Eric Hickman, P.E., Stormwater &Drainage Engineer
ORDINANCE NO. 2018-9 16" 49 a 4
AN ORDINANCE REPEALING CHAPTER 110, SECTION 110-5
TRAFFIC COMMISSION, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH,KENTUCKY
WHEREAS, this Ordinance repeals Chapter 110, Sections 110-5, Traffic Commission, of
the Code of Ordinances of the City of Paducah, Kentucky; and
WHEREAS, this Ordinance is being enacted to repeal the traffic commission in its
entirety.
NOW THEREFORE, be it ordained by the City Commission of the City of Paducah as
follows:
SECTION 1. That Section 110-5, Traffic Commission, of Chapter 110, Traffic
and Vehicles, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby repealed in
its entirety:
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SECTION 2. SEVERABILITY. That if any section, paragraph or provision of
this Ordinance shall be found to be inoperative, ineffective or invalid for any cause, the
deficiency or invalidity of such section, paragraph or provision shall not effect any other section,
paragraph or provision hereof, it being the purpose and intent of this Ordinance to make each and
every section, paragraph, and provision, hereof separable from all other sections, paragraphs and
provisions.
SECTION 11. COMPLIANCE WITH OPEN MEETINGS LAWS. The City
Commission hereby finds and determines that all formal actions relative to the adoption of this
Ordinance were taken in an open meeting of this City Commission, and that all deliberations of
this City Commission and of its committees, if any, which resulted in formal action, were in
meetings open to the public, in full compliance with applicable legal requirements.
SECTION 12. 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 13. EFFECTIVE DATE. This Ordinance shall be read on two
separate days and will become effective upon summary publication pursuant to KRS Chapter
424.
Mayor Brandi Harless
ATTEST:
Lindsay Parrish, City Clerk
Introduced by the Board of Commissioners, August 28, 2018
Adopted by the Board of Commissioners, Qj(C 10 j
Recorded by Lindsay Parish, City Clerk, r 10 f
Published by The Paducah Sun, S o Z)In i c 1 o O 1_ yam_
\ord\ 11 0 -Traffic and Vehicles — Repeal Traffic Commission
Agenda Action Form
Paducah City Commission
Meeting Date: 08/28/2018
Short Title: Repeal Traffic Commission
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: City Manager -James W. Arndt
Presentation By: City Manager -James W. Arndt
Background Information:
This Ordinance repeals the current make up and function of the Traffic Commission. The
duties carried out by the Commission will now be completed through the use of a work
place procedure, guided by policy, instead of a municipal ordinance. This will make the
process more efficient and allow the City Team to effectively meet the needs of the
Board of Commissioners and the community.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name: N/A
Account Number: N/A Finance
Staff Recommendation: Approve repealing the traffic commission ordinance in its entirety
Attachments: Draft Ordinance
Department Head ✓ ' City rk C 'anager