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Home My WebLink AboutCCMPacket2017-09-12CITY COMMISSION MEETING AGENDA FOR SEPTEMBER 12, 2017 5:30 P.M. CITY HALL COMMISSION CHAMBERS 300 SOUTH FIFTH STREET ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE ADDITIONSIDELETIONS PUBLIC HEARING FOR FY2018 PROPERTY TAX RATE (LEVY) INTRODUCTION OF IIT LYFT DRIVER AMANDA HILL 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 tivill be no separate discussion of these items unless a Board member so requests, in lvhich event the item tivill be removed from the Consent Agenda and considered separately. The City Clerk ivill read the items recommended for approval. I. CONSENT AGENDA: A. MINUTES B. MOTION 1. R & F Documents C. MUNICIPAL ORDER(S) 1. Personnel Actions 2. Authorize Grant Application for Kentucky Division of Waste Management's 2018 Litter Abatement Program — A. SHULL 3. Accept Grant Award from Kentucky Transportation Cabinet's Kentucky Office of Highway Safety — A. SHULL 4. Accept Grant Award for PetSafe's Bark for Your Park Maintenance Grant A. SHULL 5. Approve Interlocal Agreement with McCracken County Fiscal Court for JAG Program for Police Department — A. SHULL 6. Approve Ownership Agreement of Storm Sewer Infratructure of the Wallace Park Subdivision — R. MURPHY 7. Approve McCracken County Solid Waste Area Management Plan for 2018-2022 — R. MURPHY 8. Purchase Two (2) Truck Mounted Self -Contained Vacuum Debris Collectors — R. MURPHY 9. Ratify Execution of Easement for Floodwall Pump Station #11 for the Floodwall Rehabilitation Project— R. MURPHY 10. Ratify Execution of Entry for Construction with U.S. Army Corp of Engineers for Pump Stations #7 & #I I for the Floodwall Rehabilitation Project — R. MURPHY 11. Accept CDBG Grant for Floodwall Pump Station # 2 Rehabilitation — R. MURPHY 12. Floodwall Quilt Murals Work -For -Hire Agreement — CITY MANAGER PEDERSON 13. Authorize Reimbursement to PED — CITY MANAGER PEDERSON II. A. ORDINANCES) — ADOPTION 1. Approve Change Order No. 1 for the Noble Park Lake Bank Stabilization Project — Phase II — R. MURPHY III. A. ORDINANCES — INTRODUCTION 1. Amend Alcoholic Beverage Ordinance — CITY CLERK 2. Set FY2018 Property Tax Rate (Levy) - J. PERKINS IV. A. COMMENTS 1. Comments from the City Manager a. Curbside Recycling Presentation 2. Comments from the Board of Commissioners 3. Comments from the Audience V. EXECUTIVE SESSION August 22, 2017 At a Regular Meeting of the Board of Commissioners, held on Tuesday, August 22, 2017, at 5:30 p.m., 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, Rhodes, Wilson and Mayor Harless (4). Commissioner Holland was absent (1). INVOCATION Commissioner Wilson gave the invocation. PLEDGE OF ALLEGIANCE Mayor Harless led the pledge. PRESENTATION 2018 HEALTH INSURANCE UPDATE FOR CITY EMPLOYEES Greg Carlton with Peel & Holland gave an overview of the City's health insurance plan for 2018. He has been advising the city since 1998 about its health insurance benefits. Mr. Carlton recommended the City hold the existing health, dental and vision insurance rates and allocation as the same as the current year. Some of his other recommendations were to renew insurer and service agreements, continue care management, re -enforce well-being as a culture, review voluntary plans, and continue with the implementation of the benefits administration software (on-line enrollment). CONSENTAGENDA Mayor Harless asked if the Board wanted any items on the Consent Agenda removed. She asked for items I(D)3 and I(D)4 to be removed for discussion and adoption separately. No other items were moved. I(A) Minutes for the August 8, 2017 City Commission Meeting I(B)l Appointment of Sam Bussey to the Paducah McCracken County Human Rights Commission to replace Brittany Beck whose term has expired. This term shall expire August 22, 2020. I(B)2 Appointment of Carol Gault and Edwin Jones to the Code Enforcement Board to replace Oscar Gamble and Mickey Carman, respectively, whose terms have expired. These terms shall expire August 22, 2020 I(B)3 Appointment of Jim Smolen and Jennifer Frazier to the Paducah Main Street Board of Directors to replace Maurie McGarvey and Sharon Peat, respectively, whose terms have expired. Furthermore, the appointment of Jill Poimboeuf, Jeff Canter and Josh Linville to the Paducah Main Street Board of Directors to fill the newly created board positions. These terms shall expire August 22, 2021. I(C)1 R & F Documents I(D)I Personnel Actions I(D)2 A MUNICIPAL ORDER APPROVING THE EXECUTION OF AN ON-LINE GRANT August 22, 2017 APPLICATION TO OBTAIN A 2017-2018 EDWARD BYRNE MEMORIAL JUSTICE ACCOUNTABILITY GRANT, THROUGH THE U.S. DEPARTMENT OF JUSTICE, IN THE AMOUNT OF $11,284.00, TO BE USED BY THE PADUCAH POLICE DEPARTMENT (M.0.4 1996; BK 10) I(D)- �C�! T !1T iT A ORDER AUTHORIZING G THE PURCHASE CH A SE OF ROLL MUNICIPAL GONT A T IERSe A LIDS AND ADDITIONAL T REP A!'RTiTENT PARTS RTS F (1M TOTER-, A�G FOR THE ENGINEERING PUBLIC IC \T O KS SOLID WASTE DIVISION REMOVED FROM CONSENT AGENDA & ADOPTED SEPARATELY I(BF REPLACEMENT DARTS FOR VY20172018 FOR UTILIZATION T]V BTTCPT ESSL'S WITHP! T14E CITY OF PADUCAH REMOVED FROM CONSENT AGENDA & ADOPTED SEPARATELY I(D)5 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH AND ANTHEM BLUE CROSS BLUE SHIELD (M.O. 1997; BK 10) I(D)6 A MUNICIPAL ORDER APPROVING AND ADOPTING THE COMPREHENSIVE HEALTH INSURANCE BENEFIT PLAN PREMIUMS FOR CALENDAR YEAR 2018 INCLUDING PREMIUMS FOR OPTIONAL DENTAL AND VISION CARE FOR EMPLOYEES OF THE CITY OF PADUCAH (M.O.#1998; BK 10) I(D)7 A MUNICIPAL ORDER ACCEPTING THE RATES FOR STOP LOSS INSURANCE COVERAGE WITH ANTHEM BLUE CROSS BLUE SHIELD FOR THE GROUP HEALTH INSURANCE PLAN FOR THE CITY OF PADUCAH, KENTUCKY FOR THE 2018 CALENDAR YEAR AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (M.O.#1999; BK 10) I(D)8 A MUNICIPAL ORDER APPROVING AND ADOPTING THE VISION INSURANCE PLAN PREMIUMS FOR CALENDAR YEAR 2018 FOR EMPLOYEES OF THE CITY OF PADUCAH, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME (M.0.92000; BK 10) I(D)9 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR A STRATEGIC HEALTH RISK ADVISOR & STRATEGIC BENEFIT PLACEMENT SERVICES WITH PEEL & HOLLAND FINANCIAL GROUP FOR ADMINISTRATION OF THE CITY OF PADUCAH'S HEALTH INSURANCE (M.0.92001; BK 10) I(D)10 A MUNICIPAL ORDER AMENDING SECTION (H) PARKS SERVICES DEPARTMENT OF THE FY2017-2018 POSITION AND PAY SCHEDULE FOR THE EMPLOYEES OF THE CITY OF PADUCAH, KENTUCKY TO ADD AN ADDITIONAL LABORER POSITION AND TO CREATE THE POSITION OF MAINTENANCE TECHNICIAN (M.O.#2002; BK 10) August 22, 2017 Mayor Harless offered motion, seconded by Commissioner Wilson, to approve the Consent Agenda without items I(D)3 and I(D)4. Adopted upon call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Harless (4). MUNICIPAL ORDERS PURCHASE ROLL-OUT REFUSE CONTAINERS The City Clerk read the following summary for a municipal order to purchase roll-out containers. "A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF ROLL-OUT CONTAINERS, LIDS AND ADDITIONAL REPLACEMENT PARTS FROM TOTER, INC., FOR THE ENGINEERING -PUBLIC WORKS SOLID WASTE DIVISION" Motion was made by Mayor Harless, seconded by Commissioner Abraham, for consideration of said Municipal Order. Adopted upon call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Harless (4). M.O.#2003; BK 10 PURCHASE DUMPSTERS FOR SOLID WASTE DIVISION The City Clerk read the following summary for a municipal order to purchase dumpsters. "A MUNICIPAL ORDER AUTHORIZING THE PURCHASE OF DUMPSTERS, LIDS AND REPLACEMENT PARTS FOR FY2017-2018 FOR UTILIZATION BY COMMERCIAL BUSINESSES WITHIN THE CITY OF PADUCAH" Motion was made by Mayor Harless, seconded by Commissioner Wilson, for consideration of said Municipal Order. Adopted upon call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Harless (4). M.O.#2004; BK 10 ORDINANCE(S) — ADOPTION AMEND DESIGNATED PARKS LIST Commissioner Abraham offered motion, seconded by Commissioner Wilson, that the Board of Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 70, PARKS AND RECREATION, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY." This Ordinance is summarized as follows: This Ordinance amends section 70-32, Public Parks, Playgrounds, and Recreational Areas Available to the Public to rename the Health Park to the Pat and Jim Brockenborough Rotary Health Park. Adopted upon call of the roll, yeas, Commissioners Abraham, Rhodes, Wilson and Mayor Harless (4). ORD.92017-8-8496; BK 35 ORDINANCE(S) — INTRODUCTION ZONING TEXT AMENDMENT FOR OFF-STREET PARKING AND LOADING AREAS August 22, 2017 Commissioner Wilson offered motion, seconded by Commissioner Rhodes, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AMENDING SECTION 126-71, OFF-STREET PARKING AND LOADING AREAS, OF CHAPTER 126, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY". This Ordinance is summarized as follows: This Ordinance is amending Section 126-71, Off -Street Parking and Loading Areas, of Chapter 126, Zoning of the Code of Ordinances to amend parking requirements for several uses; remove the paving requirement for storage units; add beauty and barber shop parking requirements; add hotels, motels and daycares to the list of uses that require 10 X 18 parking spaces; and add provisions for compact cars parking spaces. APPROVE CHANGE ORDER NO. 1 FOR THE NOBLE PARK LAKE BANK STABILIZATION PROJECT Commissioner Rhodes offered motion, seconded by Commissioner Wilson, that the Board of Commissioners introduce an Ordinance entitled, "AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 FOR THE NOBLE PARK LAKE BANK STABILIZATION PROJECT—PHASE II." This Ordinance is summarized as follows: The City of Paducah hereby authorizes the Mayor to execute Change Order No. 1 for the Noble Park Lake Bank Stabilization Project—Phase II in the amount of $20,500 to pay for tree removal, removal of organic materials from pond, construction of a new pedestrian bridge connecting land between shelters and playground on the east side of the park, and to extend the contract until September 30, 2017. Therefore, this change order will increase the original contract amount to $263,480.00. COMMENTS COMMENTS FROM THE CITY MANAGER City Manager Jeff Pederson says a presentation is being prepared for next month regarding curbside recycling. Pederson says an option using existing resources is being explored. For example, efficiencies can be found by reducing the weekly brush pickup to every other week and by limiting the collection of recyclables to curbside only (not in alleys) for collection by the more efficient side arm trucks. Other aspects of curbside recycling that will need to be discussed include participation levels and charges. (Comments were prepared by Public Information Officer Pam Spencer.) COMMENTS FROM THE BOARD OF COMMISSIONERS Commissioner Abraham gave the following statement due to conversations he has been having with African-Americans in the community regarding the "temperature of the country". "For several years and counting, more black babies have been killed by abortion, in NYC, than were allowed to be bom. In 2016, in Chicago, 75% of murders were black and 71% of murders were by blacks. The age of highest murdered group was 17-25 years old. OF the 433 souls that were murdered, in Chicago, 326 were black. In our nation, Data shows that 93 percent of black homicide victims are killed by other blacks. Of the black children that are allowed to be born, over 70% are born into single parent homes. In 1940-1950, while racism was rampant and black poverty was higher, most black children were born in 2 parent homes. We can link our issues to the breakdown of the family. Want to fight "Injustice"? Today there are millions still in slavery, in Gabon, Gambia, Ivory Coast, Benin, Moldova, Nepal, India, Pakistan, Haiti, and Mauritania (mori tana) where 20% of the population is forced to be slaves. There are avenues established to help these people and anyone can help with these poor souls that are enslaved, TODAY. August 22, 2017 As humans, we tend to gravitate towards the easy fix. Tearing down a statue, that should serve as an encouragement and motivation as to how far we have come as a nation, will not fix any of these issues.. Fixing the woes of our country will be only accomplished by the same solution for all of its citizens, personal responsibility. We cannot legislate morality. In short, I don't choose to take part in allowing our city to be held hostage by a `political flavor of the day'. Paducah has always thought for herself and has trusted God to direct us. I choose to rely upon the direction of God working through the good people of Paducah, who are some of the most giving and compassionate people I have known. Tearing down statues and changing names of things DOES NOT FIX ONE THING. Ask Pres. Barack Obama, Former Sec. of State Clinton and the NAACP when they ALL had kind words of condolences to the recent passing of Congressman Robert C. Byrd (former Cyclops and Kleagle of KKK—who has numerous highways, statues and buildings to his honor). They showed, people can change and be accepted. As we all should. The rest of the nation can make their own choices." Commissioner Richard Abraham (A copy of his statement is in the Minute file.) ADJOURN Mayor Harless offered motion, seconded by Commissioner Abraham, to adjourn the meeting. All in favor. Meeting ended approximately 6:41 p.m. ADOPTED: September 12, 2017 City Clerk Mayor September 12, 2017 I move that the following documents be received and filed: DOCUMENTS 1. Notice of Cancellation for the Board of Commissioners of the City of Paducah for September 5, 2017. 2. Certificate of Liability Insurance for Sams Brothers Concrete 3. Release of Deed Restriction with Henry & Neva Rudy for 511 North 5th Street Tract A (MO # 1953) 4. Quitclaim Deeds: a. Bradley & Susan Brown — 2054 & 2062 Broad Street (ORD 2017-7-8491) b. Donna Hardy- 2054 & 2062 Broad Street (ORD 2017-7-8491) 5. Deed of Conveyance with Julieanne Rose for 119 South 7b Street, 700 Caldwell Street, 833 South 5th Street, 623 & 629 Husbands Street (MO # 1994) 6. Commissioner's Deed for 2106 Yeiser Street Contracts/Agreements: a. Paducah Riverfront Development Preliminary Development Agreement Primary Agreement Obligations with CityVisions Associates (Executed by CM) b. Contract with Pell & Holland Financial Group for Strategic Health Risk Advisor & Strategic Benefit Placement Services (MO # 2001) c. Contract with Anthem BlueCross BlueShield for Vision Premiums for 2018 (MO # 2000) d. Contract with Anthem BlueCross BlueShield for Third Party Administrator to provide administrator services for City Health Insurance Plan (MO # 1997) e. Contract with Anthem BlueCross BlueShield for Stop Loss Insurance Coverage (MO # 1999) f. Master Agreement between Commonwealth of Kentucky and Toter, LLC for recycling equipment and supplies (MO # 2003) g. Purchase Order with Toter, LLC for roll-out solid waste containers (MO # 2003) h. Master Agreement between Commonwealth of Kentucky and Municipal Equipment, Inc. for Recycling equipment and supplies (MO # 2004) i. Agreement with Pine Bluff Sand and Gravel Company for 15-16 Limestone (MO # 1961) j. Charitable Donation Agreement with Pat Brockenborough for Health Park at 421 North 13th Street (MO # 1995) k. Contracts For Services: (Executed by CM) i. River Heritage Museum (River Discovery Center) ii. Uppertown Heritage Foundation iii. Market House Theatre iv. Paducah Symphony Orchestra, Inc. v. Yeiser Art Center 8. Paducah Water Works Financial Highlights for July 2017 9. Community Scholarship Program Financial Report for FYI BIDS FOR ENGINEERING PUBLIC WORKS DEPARTMENT Two (2) Truck Mounted Self Contained Vacuum Debris Collectors 1. Tag Truck Center * 2. Excel Truck Group "Denotes Recommended Bid CITY OF PADUCAH September 12, 2017 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. nager's Signature Date EPW - MAINTENANCE Hayes, Christopher L PARKSSRVCS- RECREATION Sims, Tanner S. Broderhausen, Jon B. Byes, Jaylon GENERAL GOVERNMENT Smolen, Michelle L. CITY OF PADUCAH PERSONNEL ACTIONS September 12, 2017 PREVIOUS POSITION AND BASE RATE OF PAY Parks Maintenance Laborer $17.00/Hr. Lifeguard $8.25/Hr. Parks Maintenance Laborer $9.00/Hr. Parks Maintenance Laborer $9.00/Hr. CURRENT POSITION NCS/CS FLSA AND BASE RATE OF PAY EPW Maintenance Laboer $17.00/Hr. Recreation Leader $11.00/Hr. Parks Maintenance Laborer $14.81/Hr. Parks Maintenance Laborer $14.81 /Hr. Assistant to the City Manager Assistant to the City Manager $29.43/Hr. $30.46/Hr. CS Non -Ex September 14, 2017 NCS Non -Ex August31,2017 NCS Non -Ex September 14, 2017 NCS Non -Ex September 14, 2017 NCS Non -Ex September 14, 2017 -h - -: — e"�> 0 rr...... TERMINATtONS-FULL-TIME ERc- ;,!, fia s:x POSITION REASON EFFECTIVE DATE EMERGENCY COMMUNICATION SRVCS Treece, Allen B. Telecommunicator Resignation August 22, 2017 EPW - MAINTENANCE Blanks, Richard A. Laborer Retirement September 29, 2017 EPW - STREET Henson, Robert L. ROW Maintenance Person . Resignation September 5, 2017 POLICE - SUPPORT SERVICES Gaia, Joseph D. Police Officer / Recruit Resignation August 25, 2017 Long, Wendell R. Police Officer Patrolman Retirement September 30, 2017 TERMINATIONS`=PART=TIME-f PIT11TEMP.OR%.RYISEASONALF,�-� -" POSITION REASON EFFECTIVE DATE Schwede, Lance D. Sports Official Resignation July 19, 2017 Alford, James M. Recreation Leader Internship End Seasonal Employment August 30, 2017 Archer, Reagan E. Recreation Leader End Seasonal Employment August 30, 2017 Beeler, Paigelyn G. Lifeguard End Seasonal Employment August 30, 2017 Blackford, Kenzie L. Lifeguard End Seasonal Employment August 30, 2017 Bruce, Meredith A. Recreation Leader End Seasonal Employment August 30, 2017 Caruthers, Katie N. Lifeguard End Seasonal Employment August 30, 2017 Crim, Donovan B. Recreation Leader End Seasonal Employment August 30, 2017 Davidson, Reagan E. Recreation Leader End Seasonal Employment August 30, 2017 Dew, Emily A. Pool Attendant End Seasonal Employment August 30, 2017 Ellison, Olivia G. Lifeguard End Seasonal Employment August 30, 2017 Elrod, Aviona T. Pool Attendant End Seasonal Employment August 30, 2017 Elrod, Robert L. Pool Attendant End Seasonal Employment August 30, 2017 CITY OF PADUCAH PERSONNEL ACTIONS September 12, 2017 Ertle, Kayla Recreation Leader End Seasonal Employment August 30, 2017 Fletcher, Jack G. Lifeguard End Seasonal Employment August 30, 2017 Frazier, Alexis Recreation Leader End Seasonal Employment August 30, 2017 Freeman, Peyton S. Recreation Leader End Seasonal Employment August 30, 2017 Griffin, Olivia S. Recreation Leader End Seasonal Employment August 30, 2017 Grogan, Weston L. Lifeguard End Seasonal Employment August 30, 2017 Harned, Emme C. Lifeguard End Seasonal Employment August 30, 2017 Hobbs, Sarah E. Recreation Leader End Seasonal Employment August 30, 2017 Hodge, Kennedy G. Recreation Leader End Seasonal Employment August 30, 2017 Hudspeth, Elijah B. Lifeguard End Seasonal Employment August 30, 2017 Jernigan, Jaylen A. Recreation Leader End Seasonal Employment August 30, 2017 Johnson, Michaela Recreation Leader Internship End Seasonal Employment August 30, 2017 Jones, Victoria P. Lifeguard End Seasonal Employment August 30, 2017 Jordan, Diamond R. Recreation Leader -Athletics End Seasonal Employment August 30, 2017 Lindley, Samantha M. Lifeguard End Seasonal Employment August 30, 2017 Lowery, Claren M. Pool Attendant End Seasonal Employment August 30, 2017 McHaney, Rotajhania Recreation Leader End Seasonal Employment August 30, 2017 Meier, Kevin C. Lifeguard End Seasonal Employment August 30, 2017 Myers, Mallory M. Recreation Leader End Seasonal Employment August 30, 2017 Rich, Ashley E. Recreation Leader End Seasonal Employment August 30, 2017 Shell, Kaitlyn N. Recreation Leader End Seasonal Employment August 30, 2017 Smith, Ceriae A. Pool Attendant End Seasonal Employment August 30, 2017 Smith, Isabela G. Lifeguard End Seasonal Employment August 30, 2017 Smith, Jalisa M. Pool Attendant End Seasonal Employment August 30, 2017 Smith, Joya S. Pool Attendant End Seasonal Employment August 30, 2017 Stewart, Kelly A. Recreation Leader End Seasonal Employment August 30, 2017 Thompson, Molly C. Summer Camp Coordinator End Seasonal Employment August 30, 2017 Tokarz, Sandra M. Recreation Leader End Seasonal Employment August 30, 2017 Via, Elizabeth G. Recreation Leader End Seasonal Employment August 30, 2017 Via, Mary -Kate Recreation Leader End Seasonal Employment August 30, 2017 Watkins, Evan A. Recreation Leader End Seasonal Employment August 30, 2017 Wilke, Alyssa R. Lifeguard End Seasonal Employment August 30, 2017 Agenda Action Form Paducah City Commission Short Title: 2018 Kentucky Litter Abatement Program Application ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution Staff Work BY: Adam Shull Presentation BY: Tammara Tracy Meeting Date: 12 September 2017 ❑ Motion Background Information: The Kentucky Division of Waste Management (DMW) provides funds across the Commonwealth to local jurisdictions for litter abatement. The litter abatement award amount is based on a street mileage formula with Paducah having 223 miles. In 2016, DMW awarded the Engineering/Public Works Department $13,516.94 for their Street Litter Abatement Program. The City uses Litter Abatement funding for litter/trash pick-up along roadways and in within the parks. This grant also funds street sweeping activities, personnel costs, and disposal costs. Engineering/Public Works Department proposes to submit an application to KY Division of Waste Management for the 2018 Litter Abatement Award. The grant amount will be based on a formula using the total number of street miles within the City, and according to the number of applicants this year. This award requires no local cash or in- kind match. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Awl 5'000 Project Number: Finance Staff Recommendation: Authorize and direct the Mayor to sign all required grant application documents. *Department Head City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A 2018 KENTUCKY LITTER ABATEMENT GRANT THROUGH THE KENTUCKY DIVISION OF WASTE MANAGEMENT FOR THE ENGINEERING/PUBLIC WORKS DEPARTMENT STREET LITTER ABATEMENT PROGRAM BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Mayor is hereby authorized to execute an application for a 2018 Kentucky Litter Abatement Program grant through the Kentucky Division of Waste Management for the Engineering/Public Works Department's Street Litter Abatement programs. The grant amount will be based on a formula using the total number of street miles within the City and number of applicants. No local cash or in-kind match is required. SECTION 2. This order will be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammara S. Sanderson, City Clerk, September 12, 2017 mo\grants\application-Litter Abatement 2018 Agenda Action Form Paducah City Commission Meeting Date:12 September 2017 Short Title: 2017-2018 Highway Safety Grant []Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Brian Krueger and Adam Shull Presentation BY: Brandon Barnhill Background Information: The Kentucky Transportation Cabinet's Kentucky Office of Highway Safety has a competitive, discretionary grant program that offers reimbursements to police agencies for the salaries and benefits of peace officers working overtime hours and engaged in specific traffic enforcement activities. The program also offers reimbursements for specific traffic enforcement related supplies and equipment. The Paducah Police Department has been awarded a Highway Safety grant for the 2017-2018 year. This grant will reimburse overtime hours associated with saturation patrols, including fuel costs, in the amount of $25,300. There is not a match requirement for this grant application. The application was originally approved by municipal order 1947 on January 24, 2017. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Project Number: PO0100 Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents. Attachments: XCityManager ment Head City Clerk ul 000-6"0 IIi7:717d7�Cha A MUNICIPAL ORDER RATIFYING THE MAYOR'S EXECUTION OF 2017-2018 KENTUCKY HIGHWAY SAFETY PROGRAM REIMBURSEMENT GRANT WITH THE KENTUCKY OFFICE OF HIGHWAY SAFETY FOR FUNDING TO BE USED FOR OVERTIME HOURS ASSOCIATED WITH SPECIFIC TRAFFIC ENFORCEMENT ACTIVITIES, SUPPLIES AND EQUIPMENT WHEREAS, the City of Paducah applied for a 2017-2018 Highway Safety Grant through the Kentucky Office of Highway Safety, adopted by Municipal Order No. 1947 on January 24, 2017, to be used for overtime hours associated with specific traffic enforcement activities, supplies and equipment for the Paducah Police Department; and WHEREAS, the Kentucky Office of Highway Safety, has approved the application and is now ready to award this grant. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts reimbursement grant finds in the amount of $25,300 through the Kentucky Office of Highway Safety for a 2017-2018 Highway Safety Grant to fund overtime hours associated with specific traffic enforcement activities, supplies and equipment for the Paducah Police Department. This program does not require any local cash or in-kind match. SECTION 2. That the City hereby ratifies the Mayor's execution of the Grant Agreement with the Kentucky Office of Highway Safety. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara Sanderson, City Clerk Adopted by the Board of Commissioners September 12, 2017 Recorded by Tammara Sanderson, City Clerk, September 12, 2017 MO\grants\award-police-2017-2018 highway safety 9-2017 Agenda Action Form Paducah City Commission Meeting Date: 12 September 2017 ShortTitle: Bark for Your Park grant receipt ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Thompson, Adam Shull Presentation By: Mark Thompson Background Information: The Parks Services Department has been awarded a $10,000 PetSafe Brand maintenance award to be used at the Paducah Dog Park at Stuart Nelson Park. The funds will be used to implement irrigation and drainage measures to eliminate dry and bare spots throughout the park. The Paducah Dog Park opened in 2012 after 85 different donors raised $20,000 to equal the City's offered match. PetSafe has given away more than $1 million in six years to help build new, and maintain, dog parks across the country. No match was required for this grant. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Project Number: PA0110 Finance Staff Recommendation: Authorize and direct the Mayor to sign all required grant application documents Attachments: None MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING GRANT FUNDS THROUGH PETSAFE BRAND FOR A "BARK FOR YOUR PARK" GRANT IN THE AMOUNT OF $10,000 FOR FUNDING TO IMPLEMENT IRRIGATION AND DRAINAGE MEASURES AT THE DOG PARK LOCATED IN STUART NELSON PARK, AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS RELATING TO SAME WHEREAS, the City of Paducah applied for a `Bark for Your Park" maintenance grant through PetSafe Brand, adopted by Municipal Order No. 1980 on June 27, 2017, to be used implement irrigation and drainage measures to eliminate dry and bare spots throughout the dog park located in Stuart Nelson Park; and grant. WHEREAS, PetSafe Brand has approved the application and is now ready to award this BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby accepts grant funds in the amount of $10,000 through the PetSafe Brand for a Bark for Your Park maintenance grant to implement irrigation and drainage measures at the dog park located in Stuart Nelson Park. No local cash match is required. SECTION 2. That the City hereby authorizes the Mayor's execution of the Grant Agreement with PetSafe Brand. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara Sanderson, City Clerk Adopted by the Board of Commissioners September 12, 2017 Recorded by Tammara Sanderson, City Clerk, September 12, 2017 MO\grants\award-PetSafe-dog park 9-12-17 Agenda Action Form Paducah City Commission Meeting Date: 12 September 2017 Short Title: 2017-2018 Edward Byrne Memorial Justice Accountability Grant (JAG) Application Interlocal Agreement ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Brian Krueger, Adam Shull Presentation By: Chief Brandon Barnhill Background Information: The Edward Byrne Memorial Justice Accountability Grant (JAG) is a federal formula grant funded through the US. Department of Justice. The city has received a notice of eligibility for the amount of $11,284. Through Municipal Order No. 1996, -the City Commission approved applying for this grant at its Aug. 22, 2017, meeting for the following purpose: the Paducah Police Department proposes to purchase one license plate reader system. The total project cost is $20,595. The $9,311 difference between available funds and the total cost will come from the department's FY2018 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: Project Number: CFDA: 16.738 Finance Staff Recommendation: Authorize and direct the Mayor to execute all required grant application documents. Attachments: Interlocal Agreement Regarding an Edward Byrne Memorial Justice Accountability Grant (JAG) application. MUNICIPAL ORDER NO. 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 2017- 2018 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, for a 2017-2018 Edward Byrne Memorial Grant through the U. S. Department of Justice. The Interlocal Agreement is required by the U.S. Department of Justice to reflect that the City remains in partnership with its local disparate jurisdiction even though the City of Paducah is the sole and authorized individual allocation. The tens of this Agreement shall be that of the JAG Award, a one year period beginning July 1, 2017, and ending June 30, 2018, 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 ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammara S. Sanderson, City Clerk, September 12, 2017 \ord\grants\agree-interlocal (Edward Byrne Grant 2017-2018) 452 INTERLOCAL AGREEMENT FOR ACCEPTANCE AND ADMINISTRATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD THIS AGREEMENT, made and entered into on this 12th day of September, 2017 herein below, as evidenced by the dates executed by the parties, with an effective date of October 1, 2017, 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 seg., 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 influencing the 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 $11,284 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 $11,284 allocated in the 2017 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 "fill 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 as 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 byany court, public board or body, pending or known to be threatened againstor 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 underthe 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, orconflicts 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 orin equity, before or byanycourt, 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 anyway, the validity or enforceability of this Agreement orany material agreement or instrument to which the City is a party, used or contemplated for use in the consummation of the transactions contemplated hereby, orthe 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 AgreementTerm: Right to Terminate. The term of this Agreement shall be that of the JAG Award, a one (1) year period beginning October 1, 2017 , and ending September 30, 2017 unless terminated by any party hereto. Any party hereto shall have the right to terminate this Agreement bygiving notice, in writing, to the otherparties no less thansixty (60) days prior tothe 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 partyshall have no further duties or obligations or be entitled to benefits, therefrom, following the effective date ofwithdrawal 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 2017 JAG award allocation in the amount of $11,284 in 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 closeout report. ARTICLE VI: ADMINISTRATION Section: 6.1. The City and the County agree that the City shall administer the FY2017 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: Cityof 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. Exceptas 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 orfailure 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 By: Mayor Brandi Harless Date executed: ATTEST: City Clerk Tammy Sanderson Date executed: MCCRACKEN COUNTY, KENTUCKY By: Judge Executive Bob Leeper Date executed: ATTEST: Fiscal Court Clerk Julie Griggs Date executed: HAVE SEEN AND CONSENT TO FORM FOR EXECUTION: Bobby Russell, Representative Department of Local Government Date executed: Prepared by: Adam Shull Grant Administrator City of Paducah PO Box 2267 300S.5 th Street Paducah, KY42002 Agenda Action Form Paducah City Commission Meeting Date: September 12, 2017 - Introduction Short Title: Ownership Agreement of the Former Combined Sewer Pipes, Diversion Structure and Storm Sewer Detention Structure for Wallace Park Sanitary Sewer Separation Project ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Eric Hickman, P.E., Storm Water & Drainage Engineer Presentation By: Rick Murphy, P.E., City Engineer & Public Works Director Background Information: The Joint Sewer Agency (JSA) performed a sanitary sewer separation project located in the Wallace Park Subdivision pursuant to the Consent Judgment with the Commonwealth of Kentucky's Energy and Environmental Cabinet that JSA entered into in September of 2007. The project was part of JSA's Long Term Control Plan of which eliminated Outfall 012 by relieving storm water from the combined sewer system. The former combined sewer system now serves only as an independent storm sewer system that drains into a storm water detention structure also implemented as a result of this project. The City of Paducah is responsible for operation and maintenance of all publically owned independent storm sewers within the City limits. An adoption of this municipal order will cause the City of Paducah to become the responsible agency to operate and maintain a converted combined sewer to an independent storm sewer. JSA has performed camera inspection of the system to ensure integrity of the subject storm pipe prior to transfer to the City of which has been reviewed by the Engineering and Public Works Department. Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: NA Account Number: NA Finance Staff Recommendation: Staff recommends to adopt a Municipal Order authorizing the Mayor to execute an Ownership Agreement with JSA of the former combined sewer pipes, diversion structure and storm sewer detention structure for the sole purpose of conveying storm water. Attachments: Agreement Agenda Action Form Depart nt e4 City ClerkCi y Manager Page 2 MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AN OWNERSHIP AGREEMENT BETWEEN THE PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY AND THE CITY FOR ASSUMPTION OF FORMER COMBINED SEWER PIPES, DIVERSION STRUCTURE AND STORM SEWER DETENTION STRUCTURE ASSOCIATED WITH THE WALLACE PARK SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The Board of Commissioners of the City of Paducah hereby approves an Ownership Agreement with the Paducah -McCracken County Joint Sewer Agency for the transfer of ownership of the former combined sewer pipes, diversion structure and storm sewer detention structure associated with the Wallace Park Subdivision. SECTION 2. The Mayor is hereby authorized to execute the Ownership Agreement with the Paducah -McCracken County Joint Sewer Agency approved in Section 1 above. SECTION 3. 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 ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammara S. Sanderson, City Clerk, September 12, 2017 \mo\agree-Joint Sewer Agency -storm sewer infrastructure -Wallace Park Subd 474 OWNERSHIP AGREEMENT WALLACE PARK SANITARY SEWER SEPARATION PROJECT THIS OWNERSHIP AGREEMENT is made and executed on this day of '2017, by and between the PADUCAH-McCRACKEN COUNTY JOINT SEWER AGENCY, a Kentucky Joint Sewer Agency, with a mailing address of 621 Northview Street, Paducah, Kentucky 42001, hereinafter referred to as "JSA;" and the CITY OF PADUCAH, KENTUCKY a Municipal Corporation of the Second Class, with a mailing address of P.O. Box 2267, Paducah, Kentucky 42002-2267, hereinafter referred to as "City." WITNESSETH: WHEREAS, under a Consent Judgment with the Commonwealth of Kentucky's Energy and Environmental Cabinet that the JSA entered into in September 2007, and an Environmental Protection Agency (EPA) Administrative Order issued in December of 2007, the JSA is required to mitigate the environmental impacts of the combined sanitary/storm sewer systems. The consent judgment requires JSA to implement a Long Term Control Plan which JSA is in process of implementation. One of the projects listed in the Long Term Control Plan is the elimination of Outfall 012, which relieves excess storm water from the combined sewer system near the Wallace Park Subdivision located within the City; and WHEREAS, JSA has performed a sanitary sewer separation project located within the Wallace Park Subdivision by constructing new sanitary sewer mains, leaving the former combined sewer mains to serve as storm sewers only (shown in Exhibit A); and WHEREAS, JSA has constructed a new storm water diversion structure and storm sewer detention structure located near the intersection of Forest Circle and Lone Oak Road (shown in Exhibit B); and WHEREAS, all combined sewer mains, diversion structures and detention structures are entirely located within public right of ways and public utility easements; and WHEREAS, the JSA has performed camera inspection to determine pipe defects and performed cured in-place pipe lining (shown in Exhibit C) to ensure integrity of the former combined sewer pipe prior to transfer to the City; and WHEREAS, the City is the responsible party for operation and maintenance of publicly owned storm sewer infrastructure; and NOW, THEREFORE, in consideration of the foregoing, the legal adequacy and sufficiency of which is hereby acknowledged by both parties hereto, the parties do covenant and agree as follows: Ownership of the Former Combined Sewer Pipes, Diversion Structure and Storm Sewer Detention Structure. JSA does hereby convey all ownership rights and responsibilities to the publicly -owned portions of the former combined sewer pipes and associated manholes which now function as storm sewer only to the City. Assumption of Former Combined Sewer Pipes, Diversion Structure and Storm Sewer Detention Structure. The City agrees to accept all ownership rights and responsibilities to the publicly -owned portions of the former combined sewer pipes and associated manholes which now function as storm sewer only to the City. 3. Release of All Claims. The City hereby releases JSA from any and all claims, demands, and causes of action regarding any costs and expenses incurred by the City from future operation and maintenance of the sewer pipes, diversion structure and storm sewer detention structure associated with the Wallace Park Subdivision. 4. Record Drawings. JSA has submitted all pertinent record drawings and video footage of all mains located in the Wallace Park Subdivision to the City. 5. Merger Clause. It is agreed and understood between the parties that this Agreement represents the entire and exclusive agreement between the parties with respect to the matters addressed herein, and that all prior representations, covenants, warranties, understandings and agreements are merged herein. This Agreement may only be modified in a writing executed by all parties hereto. 6. Severability. If any provision of this Agreement or its application to any person or circumstance shall be deemed invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application shall not be affected and shall be enforceable to the fullest extent permitted by law. 7. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective legal representatives, heirs, successors and permitted assigns. PADUCAH-McCRACKEN COUNTY JOINT SEWER AG COY By: Title: �FEGt�7r�1C ��y�—row CITY OF PADUCAH, KENTUCKY 0 Title: Agenda Action Form Paducah City Commission Meeting Date: September 12, 2017 Short Title: ADOPTION OF McCRACKEN COUNTY AREA SOLID WASTE MANAGEMENT PLAN FOR 2018-2022 ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson Presentation By: Jeff Pederson Background Information: KRS 224.43-340 requires submission of solid waste management report and plan. The current plan will soon expire and an update has been prepared. McCracken County has prepared the 2018-2022 update to the Plan with input from the City of Paducah. The Plan covers several areas of solid waste management, including trash collection, recycling, dump clean-up and litter. The City Manager made some edits to sections pertaining to recycling, but the plan as a whole remains predominantly unchanged for the new five-year period. The County conducted a Public Comment process in conjunction with plan preparation. The Plan does not require compliance with specific mandates for reduction in landfilling or for diversion of materials through recycling. Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: Account Number: Finance Staff Recommendation: Adopt the McCracken County Area Solid Waste Management Plan for 2018-2022 Attachments: Department Head City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER ADOPTING THE McCRACKEN COUNTY AREA SOLID WASTE MANAGEMENT PLAN 2018-2022 UPDATE WHEREAS, McCracken County fiscal Court is required by KRS 224.43-340 and KRS 224.43-345 to submit an update of the area solid waste management plan; and WHEREAS, the McCracken County Solid Waste Management Area is governed by the McCracken County Fiscal Court; and WHEREAS, the McCracken County Solid Waste Management Plan 2018-2022 Update sets the agenda for implementation of solid waste reduction and management for the years inclusive of 2018-2022; and WHEREAS, a Public Comment period on the McCracken County Solid Waste Management Plan 2018-2022 Update was conducted in the County. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby adopts the McCracken County Solid Waste Management Plan 2018-2022 Update and supports its Action Plan, Implementation Plan and associated activities. SECTION 2. This Municipal Order shall be effective from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammara S. Sanderson, City Clerk, September 12, 2017 \mo\plan-solid waste county update 2018-2022 Agenda Action Form Paducah City Commission Meeting Date: September 12, 2017 Short Title: Purchase of Two (2) Truck Mounted Self -Contained Vacuum Debris Collectors ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Randy Crouch, EPW Maintenance Supt. Dena Alexander. EPW Admin Asst. III Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On August 10, 2017 sealed written bids were opened for the purchase of Two (2) Truck Mounted Self -Contained Vacuum Debris Collectors. Two responsive bids were received, with TAG Truck Center submitting the lowest evaluated bid in the amount of $329,770.00. The estimated time for delivery of the new truck will be 90 days after contract execution. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Solid Waste X20/, Account Number: 50002212-540050 ' Pin nce Staff Recommendation: To receive and file the bid and adopt an Ordinance authorizing the Mayor to execute a contract with TAG Truck Center for the purchase of Two (2) Truck Mounted Self -Contained Vacuum Debris Collectors for use by the EPW Solid Waste Division in the total amount of $329,770.00. Attachments: Bids, Bid Tab, Advertisement, Proposed Contract /!Departrr nt ea City Clerk City Manager MUNICIPAL ORDER NO. A MUNICIPAL ORDER ACCEPTING THE BID OF TAG TRUCK CENTER FOR SALE TO THE CITY OF TWO TRUCK MOUNTED SELF-CONTAINED VACUUM DEBRIS COLLECTORS FOR USE BY THE PADUCAH ENGINEERING PUBLIC WORKS SOLID WASTE DIVISION AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SAME BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The City of Paducah accepts the bid of TAG Truck Center at the price of $329,770.00 for two (2) truck mounted self-contained vacuum debris collectors for use by the Paducah Engineering Public Works Solid Waste Division, said bid being in substantial compliance with bid specifications, and as contained in the bid of Tag Truck Center of August 10, 2017. SECTION 2. The Mayor is hereby authorized to execute a contract with Tag Truck Center for the purchase of two (2) truck mounted self-contained vacuum debris collectors, authorized in Section I above, according to the specifications, bid proposal and all contract documents heretofore approved and incorporated in the bid. SECTION 3. These purchases shall be charged to Solid Waste Account No. 50002212-540050. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammara S. Sanderson, City Clerk, September 12, 2017 MO\ao ee-EPW Vacuum Debris Collectors 9-2017 00500 AGREEMENT Page 1 of 1 CITY OF PADUCAH, KENTUCKY ENGINEERING -PUBLIC WORKS DEPARTMENT AGREEMENT TO PURCHASE TWO (2) TRUCK MOUNTED SELF-CONTAINED VACUUM DEBRIS COLLECTOR THIS AGREEMENT, made this day of , 2017 by and between the CITY OF PADUCAH, hereinafter called the OWNER, and TAG TRUCK CENTER hereinafter called the VENDOR, for the consideration hereinafter named, agree as follows: ARTICLE 1. SCOPE OF WORK The Vendor shall provide Two (2) Truck Mounted Self-contained Vacuum Debris Collector to be used by the Engineering -Public Works Department, Solid Waste Division in full compliance with the Bid Proposal Dated August 10, 2017 and with this Agreement, the Specifications and any Addendum(s) issued. ARTICLE 2. TIME FOR COMPLETION AND LIQUIDATED DAMAGES The Vendor hereby agrees to commence work under this Contract and to fully complete the delivery of the aforementioned Vehicle(s) within 90 consecutive calendar days thereafter from the date of this Agreement. ARTICLE 3. THE CONTRACT SUM The Owner agrees to pay the Vendor the following, subject to additions and deductions provided therein: Three Hundred Twenty -Nine Thousand Seven Hundred Seventy -Seven Dollars and Zero Cents ($329,770.00) as quoted in the aforementioned Vendor's Bid Proposal and as approved by the Board of Commissioners on by Ordinance # ARTICLE 4. PAYMENTS The Owner will make Payment in full upon satisfactory delivery in accordance with the Contract Documents and the Specifications. The Payment shall constitute full compensation for the work and services authorized herein. ARTICLE 5. GOVERNING LAW The Parties agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that the venue for any legal proceeding relating to this Agreement shall exclusively be in McCracken County, Kentucky. ARTICLE 6. THE CONTRACT DOCUMENTS The Specifications and any addendum that may have been issued are fully a part of this Contract as if thereto attached or herein repeated. IN WITNESS WHEREOF: The parties hereto have executed this Agreement, the day and year first above written. VENDOR CITY OF PADUCAH, KENTUCKY BY _ TITLE ADDRESS: AN Brandi Harless, Mayor ADDRESS: Post Office Box 2267 Paducah, Kentucky 42002-2267 CITY OF PADUCAH ENGINEERING -PUBLIC WORKS DEPARTMENT (2) Truch Mounted Self Contained Vacuum Debris Collector LOWEST EVALUATED BID BID OPENING: 2:00 p.m. CST - Aug 10, 2017 OFFICIAL BIDDER OF RECORD Tag Truck Center Excel Truck Group Contact: David Hoelscher Jeff Strader Mailing Address: 215 Campbell Dr 901 W Hundred Rd 4. Deviations with Information Calvert City Ky42029 Chester, Va 23836 B. Kentucky State Bidders 270 519-8501 804 768-4600 Ten (10) Police Pursuit Rated SUV's with $329,770.00 $341.403.20 Factory Police Package Delivery Time 90 days - 120 days Manufacturer Freightliner Freightliner REQUIRED DOCUMENTS: 1. Bidders Required Certification YES YES 2. Manufacturer's Specifications YES YES 3. Warranty Information YES YES 4. Deviations with Information NONE NONE B. Kentucky State Bidders YES NO Responsive & Responsible Bidder: YES YES Evaluation Score: 1000 975.25 BID RECOMMENDED FOR ACCEPTANCE YES NO Agenda Action Form Paducah City Commission Meeting Date: September 12, 2017 Short Title: Request for Mayor's signature to be ratified -James Marine Easement, Pump Station #11 and Authorization for Entry for Construction on Pump Station #7 and Pump Station #11 ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Maegan Mansfield, P.E.-Engineering Project Manager Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: The United States Army Corps of Engineers (USACE) has completed design for Pump Station #11 and Pump Station #7. The two pump stations have been released for construction bid advertisement. A required component for bidding of the pump stations is to secure all real estate needed within the construction footprints. For Pump Station #7, the City of Paducah owns all property of interest; therefore no real estate transactions or agreements are required. For Pump Station #11 an ingress/egress easement agreement is required between James Marine Inc. and the City of Paducah. The agreement pertains to a reciprocating access easement between the parties. On the 17`h of August, the EPW office requested that Mayor Brandi Harless sign the subject easement agreement between James Marine, Inc. and the City of Paducah required for Pump Station #11, as encouraged by the USACE Louisville district authorities. Even though, the City of Paducah has been using James Marine's property entrance to service Pump Station #11 without any issues for several decades, this easement has become necessary for legal purposes. Therefore, USACE required a formal easement to be put into effect. James Marine Inc. agreed to the easement with a compensation amount of $1.00. USACE required James Marine to sign a "Waiver of Compensation" form to acknowledge they provided the easement at below market value for the property. USACE also required for the Mayor to sign an "Authorization for Entry for Agenda Action Form Page 2 Construction" document which acknowledges that the City of Paducah has obtained the appropriate property interests required for Pump Stations #7 and Pump Stations #11. The document also authorizes USACE to begin the construction phase for Pump Station #7 and Pump Station #11. Due to strict time constraints enforced by USACE, the Mayor had to sign the easement agreement and "Authorization for Entry for Construction" document in order for Pump Station #11 and Pump Station #7 to proceed with construction bid advertisement. Since USACE received funding in the full amount for the Ohio River Shoreline, Paducah, Kentucky Reconstruction Project, their goal was to allocate funding as soon as possible in order to show significant progress on the project quickly. Goal: EStrong Economy E Quality Services❑ Vital Neighborhoods® Restored Downtowns Staff Recommendation: Ratify the Mayor's signature on the recorded easement relating to James Marine Inc. property at Pump Station #11, and ratify the Mayor's signature for the required "Authorization for Entry for Construction" document. Attachments: Recorded Easement Just Compensation Waiver - - -- Authorization for Entry for Construction MUNICIPAL ORDER NO. A MUNICIPAL ORDER RATIFYING THE MAYOR'S EXECUTION OF AN ESS EASEMENT FOR PROPERTY OWNED BY JAMES MARINE, INC. FOR ACCESS TO THE ISLAND CREEK PUMP STATION A/K/A PUMP STATION 411 FOR THE OHIO RIVER SHORELINE PADUCAH, KENTUCKY RECONSTRUCTION PROJECT (FLOODWALL REHABILITATION PROJECT) WHEREAS, the James Marine, Inc., owns the property entrance to the Island Creek Pump Station a/k/a/ Pump Station No. 11; and WHEREAS, even though the City has been using this entrance for several decades, the U.S. Army Corps of Engineers (USACE) requires a formal easement; and WHEREAS, due to strict time constraints enforced by USACE the Mayor had to sign the easement in order for the project to proceed with construction bid advertisement. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby ratifies the Mayor's execution of an Easement with James Marine, Inc., for access to the Island Creek Pump Station a/k/a Pump Station No. 11 for the Floodwall Rehabilitation Project. Said non-exclusive easement generally described as follows: BEGINNING AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF REFERENCE PROPERTY AND SOUTH 4m STREET EAST RIGHT OF WAY LINE, WHICH IS ALSO LOCATED ON THE SOUTHWEST CORNER OF THE PROPERTY AT THE EDGE OF DRIVEWAY; RUNNING APPROXIMATELY TWENTY-FOUR (24) FEET WITH SAID RIGHT OF WAY LINE IN AN SOUTHEASTERLY DIRECTION TO A POINT; AND RUNNING, PIVOTING NORTHEASTERLY, RUNNING APPROXIMATELY ONE HUNDRED AND SIXTY (160) FEET AT RIGHT ANGLES TO THE POINT OF INTERSECTION WITH THE EDGE OF LEVEL FLOOD PROTECTION PROJECT (HEREINAFTER REFERRED TO AS LFPP) RIGHT OF WAY; PIVOTING NORTHWESTERLY RUNNING APPROXIMATELY TWENTY-FOUR (24) FEET WIDE ALONG THE LFPP RIGHT OF WAY LINE; PIVOTING SOUTHWESTERLY RUNNING APPROXIMATELY ONE HUNDRED AND SIXTY FIVE (165) FEET TO THE SOUTHWEST CORNER OF PROPERTY, THE POINT OF BEGINNING; CREATING A CLOSED RECTANGLE EXTENDING FROM THE EXISTING ENTRANCE ON THE EAST RIGHT OF WAY LINE OF SOUTH 4m STREET UNTIL THE PARALLEL LFPP RIGHT OF WAY LINE IS ENCOUNTERED. SEE EXHIBIT `A" ATTACHED. Being in all respects a part of the same property conveyed to James Marine, Inc., by Deed dated May 1, 1997, of record in Deed Book 873, Page 1, McCracken County Clerk's Office. SECTION 2. This Order will be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammam S. Sanderson, City Clerk, September 12, 2017 mo\agree-easement-James Marine -Pump Station 911 EASEMENT THIS EASEMENT, made and entered into on this the 0,�, day of August, 2017, by and between JAMES MARINE, INC., a Kentucky Corporation, With a mailing address of 4500 Clarks River Road, Paducah, Kentucky 42003, hereinafter referred to as "Party of the First Part"; and CITY OF PADUCAH, KENTUCKY, with a mailing address of P. O. Box 2287, Paducah, Kentucky 42002-2287, hereinafter referred to as "Party of the Second Part." WITNESSETH: FOR AND IN CONSIDERATION of $ /. 0 O cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Party of the First Part does hereby grant and ratify unto the Party of the Second Part, a perpetual ingress/egress easement in, on, over, and across the following described property for the sole purposes set out herein: A NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT GENERALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF REFERENCE PROPERTY AND SOUTH 4' STREET EAST RIGHT OF WAY LINE, WHICH IS ALSO LOCATED ON THE SOUTHWEST CORNER OF THE PROPERTY AT THE EDGE OF DRIVEWAY; RUNNING APPROXIMATELY TWENTY- FOUR (24) FEET WITH SAID RIGHT OF WAY LINE IN AN SOUTHEASTERLY DIRECTION TO A POINT; AND RUNNING, PIVOTING NORTHEASTERLY, RUNNING APPROXIMATELY ONE HUNDRED AND SIXTY (180) FEET AT RIGHT ANGLES TO THE POINT OF INTERSECTION WITH THE EDGE OF LEVEL FLOOD PROTECTION PROJECT (HEREINAFTER REFERRED TO AS LFPP) RIGHT OF WAY; PIVOTING NORTHWESTERLY RUNNING APPROXIMATELY TWENTY- FOUR (24) FEET WIDE ALONG THE LFPP RIGHT OF WAY LINE; PIVOTING SOUTHWESTERLY RUNNING APPROXIMATELY ONE HUNDRED AND SIXTY FIVE (1b5) FEET TO THE SOUTHWEST CORNER'OF PROPERTY, THE POINT OF BEGINNING; CREATING A CLOSED RECTANGLE EXTENDING FROM THE EXISTING ENTRANCE ON THE EAST RIGHT OF WAY LINE OF SOUTH 4TH STREET UNTIL THE PARALLEL LFPP RIGHT OF WAY LINE IS ENCOUNTERED. SEE EXHIBIT °A" ATTACHED. Being in all respects a part of the same property conveyed to Party of the First Part by Deed dated May 1, 1997, of record in Deed Book 873, Page 1, McCracken County Clerk's Office. 176 The easement agreement begins with the date of execution for the land to be granted to the Party of the Second Part, for the sole purpose of use by the Party of the Second Part, its representatives, assigns, agents, and contractors to gain ingress and egress for the construction, maintenance, repair and operation of Island Creek Pump Station, (aNa Pump Station No. 11). In no event shall this ingress and egress easement be used as a right of access by the general public. Party of the Second Part's use of the easement shall be reasonable and shall not interfere with or otherwise adversely affect Party of the First Part's use and ownership of the land upon which the easement is located. TO HAVE AND TO HOLD the above-described Easement to the extent of the interest conveyed, together with all rights, titles, easements, estates, appurtenances and hereditaments thereunto belonging, unto the Party of the Second Part, its successors and assigns forever. CONSIDERATION CERTIFICATE Pursuant to KRS 382.135 (2)(c), no statement of consideration is required by this transaction. IN WITNESS WHEREOF, the Party of the First Part and Party of the Second Part have hereunto set their hands on this the day and year first above written. JAMES MARINE, IW. CITY OF PADUCAH, KENTUCKY ' ;> BY: BY. i C ,ROIQAYD J#NES BRANDI HARNWS PRESIDENT MAYOR 177 STATE OF KENTUCKY ) )SS COUNTY OF McCRACKEN ) The foregoing Easement was acknowledged and swom to before me by C. RONALD JAMES as PRESIDENT of and on behalf of JAMES MARINE, INC., Party of the First Part, on this the 1-1_ day of August, 2017. My Commission Expires: _ NOTARY PUBLIC STATE OF KENTUCKY ) )SS COUNTY OF McCRACKEN ) The foregoing Easement was acknowiedged and swam to before me by BRANDI HARLESS as MAYOR of and on behalf of CITY OF PADUCAH, KENTUCKY, Party of.the Second Part, on this the I % _ day of August, 2017. My Commission Expires: ARY PUBLIC —Ti:� 5 5(o LCA THIS L. DANIEL KEY, ASST. CORPOR CITY OF PADUCAH, KENTUCKY P.O. BOX 2267 PADUCAH, KENTUCKY -42002-2s Mlad%* of peducaNam s marbe eaaarnani EM Exhibit A. Easement Description 'IMyr +:' Proposed Easement Boundaries _. Existing Property Lines Note: Dimensions NTS and are approximate as shown. DOCUMENT NO: 578221 RECORDED:AiquetX2017 0239:00 PM TOTAL FEES: 320.00 COUNTY CLERK JULIE GRIGGS DEPUTY CLERK STACEY REA COUNTY: MCCRACKEN COUNTY `► } BOOK D1360 PAGES: f 75 -178 4' tTAF JUSSTCOWENSATION WADER McCracken County Commonwealth of Kentucky WEERBAS James Marine Inc. desires to donate to the City of Paducah the use of certain real estate to be used as a Perpetual Ingress/Egress Easement situated now 1810 South 0 Street Paducah, McCracken County, Kentucky, being more particularly described as follows: See Attached Exhibit "A" for subject property map and complete legal description of subject property. Tax Map/Parcel No.: %/?- 5(4 - 00 - o )4 Current Address: 1810 South 0 Street Paducah, McCracken County, Kentucky Otherwise Known Legally As: James Marine Inc. AND WIlEREAS under the applicable provisions ofthe Uniform Relocations Assistance and Real Property Acquisition Policies Act of 1970, Public Lew 91-646, as amended, any landowner donating lands, easements, rights-of-way, and dredged material disposal areas for wnsiruction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN that James Marine Inc., (through its undersigned duly authorized owner/officers), hereby acknowledges the fact that he/sheTt is aware of the right to receive fair market value for the above described premises and does hereby forever waive such right to receive fair market value for the above-described property. This waiver is binding upon said landowners, his/her/its heirs, successors, and assigns. LANDOWNER: JUST COMPENSATION WAIVER McCracken County Commonwealth. of Kentucky WHEREAS James Marine Inc. desires to donate to the City of Paducah the use of certain real estate to be used as a Perpetual Ingress/Egress Easement situated new 1810 South 0 Street Paducah, McCracken County, Kentucky, being more particularly described as follows: See Attached Exhibit "A" for subject property map and complete legal description of subject property. Tax Map/Parcel No.: V- q - 00 - o04 Current Address: 1810 South 0 Street Paducah, McCracken County, Kentucky Otherwise Known Legally As: James Marine Inc. AND WHEREAS under the applicable provisions of the Uniform Relocations Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91 -bob, as amended, any landowner donating lands, casements, rights-of-way, and dredged material disposal areas for construction and subsequent operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market value as compensation for said property. NOW BE IT KNOWN' that James Marine Inc., (through its undersigned duly authorized owner/officers), hereby acknowledges the fact that helshefit is aware of the right to receive fair market value for the above described premises and does hereby forever waive such right to receive fair market value for the above-described property. This waiver is binding upon said landowners, hislher/its heirs, successors, and assigns. W-Nz1tiZa :/1 i ►1�1:�. W, F. INESS:.�_l`; d[ chs MUNICIPAL ORDER NO. A MUNICIPAL ORDER RATIFYING THE MAYOR'S EXECUTION OF AN AUTHORIZATION FOR ENTRY FOR CONSTRUCTION FOR THE U.S. ARMY CORPS OF ENGINEERS TO HAVE INGRESS/EGRESS ACCESS TO PUMP STATIONS NO. 7 AND 11 WHICH ARE PARTS OF THE FLOODWALL REHABILITATION PROJECT WHEREAS, the U.S. Corps of Engineers required a formal easement between the City and James Marine, Inc. for ingress/egress access to the Island Creek Pump Station a/k/a Pump Station No. 11; and WHEREAS, due to strict time constraints enforced by USACE the Mayor had to sign the Authorization for Entry for Construction in order for the project to proceed with construction bid advertisement. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby ratifies and approves the Mayor's signature on the Authorization for Entry for Construction for construction and repairs to Pump Stations No. 7 and No. 11 which are parts of the Ohio River Shoreline Paducah, Kentucky Reconstruction Project (Floodwall Rehabilitation Project). SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammara S. Sanderson, City Clerk, September 12, 2017 \mo\authorization for entry for construction -pump stations 7 & 11 Ohio River Shoreline, Paducah, Kentucky Reconstruction Project Pump Stations #7 and #11 Repairs AUTHORIZATION FOR ENTRY FOR CONSTRUCTION ArAtd.' h rr/Acc/}%n 1o, for the (mane of accountable official) title City of Paducah, Kentucky, do hereby certify that the City of Paducah has acquired the real property interests required by the Department of the Army, and otherwise is vested with sufficient title and interest in lands, to support construction of the subject project. Further, I hereby authorize the Department of the Army, its agents, employees and contractors, to enter upon the land identified for Pump Stations #7 and #11 repairs to construct the project, as set forth in the plans and specifications held in the U.S. Army Corps of Engineers Louisville District Office, Louisville, Kentucky. WITNESS my signature this ZL_ day of Pfjoimt.4 20/7. BY: (rime) 14 ATTORNEY'S CERTIFICATE OF AUTHORITY I, L I � ti l c � VkLJ ay a r, L-0 for the (mime) (title of lege! ofneer) City of Paducah, Kentucky, c i that the City of Paducah has authority to grant the above Authorization for Entry for Construction; that said Authorization for Entry for Construction is executed by the proper duly authorized officer; and that the Authorization for Entry for Construction is in sufficient form to grant the authorization therein stated. WITNESS my signature this Z gy of E-'.;: ,w<.. c 20107. s q BY: = m f (r1ASLv} �' Agenda Action Form Paducah City Commission Meeting Date: 12 Sept 2017 Short Title: FLOODWALL PUMP STATION #2 REHABILITATION — CDBG GRANT ❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Rick Murphy, Sheryl Chino Presentation By: Rick Murphy Background Information: The Department for Local Government (DLG) has received for the 2016 Funding Cycle $22,519,635 from the U.S. Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program. Funds are designated for various program areas including Community Projects, Community Emergency Relief Fund, Economic Development, Housing and Public Facilities. The CDBG program provides assistance to communities for use in revitalizing neighborhoods, expanding affordable housing and economic opportunities, providing infrastructure and/or improving community facilities and services. With the participation of their citizens, communities can devote these funds to a wide range of activities that best serve their own particular development priorities. All project activities must meet at least one of three national objectives: • benefit to low and moderate income persons; • prevention or elimination of slums or blight; and, • meeting particularly urgent community development needs. The Engineering Department has been awarded a $1M CDBG grant through the public facilities program area to rehabilitate Pump Station #2 at the floodwall. Improvements include: replacement of pump plant discharge pipes; rehabilitation of various mechanical components of all seven pumps and motors; replacement of the sluice gate; installation of a manual transfer switch; installation of a fused disconnect switch; replacement of motor gate actuators and controls; and, various appurtenances. The CDBG application was approved by the Paducah Board of Commissioners on May 16, 2017 through municipal order 1967. Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns Funds Available: Account Name: Account Number: Project Number: FW0007 CFDA: 14.228 Staff Recommendation: Authorize and direct the mayor to execute all grant related documents. Attachments: None C1 FA �4lDe rtment He rJ1V Clerk Cit Mana er FA MUNICIPAL ORDER NO. A MUNICIPAL ORDER APPROVING AN AGREEMENT WITH THE KENTUCKY DEPARTMENT FOR LOCAL GOVERNMENT FOR ACCEPTANCE OF A COMMUNITY DEVELOPMENT BLOCK GRANT AWARD IN THE AMOUNT OF $1,000,000 FOR THE FLOODWALL PUMP STATION #2 REHABILITATION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS RELATING TO SAME WHEREAS, the City of Paducah adopted Municipal Order No. 1967 on May 16, 2017, authorizing the application for a Community Development Block Grant from the Kentucky Department for Local Government for the Floodwall Pump Station #2 Rehabilitation Project; and WHEREAS, the Kentucky Department for Local Government has offered a grant award in the amount of $1,000,000; and WHEREAS, the City wishes to accept the grant award. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah approves an Agreement with the Kentucky Department for Local Government to accept a Community Development Block Grant Award for the Floodwall Pump Station #2 Rehabilitation Project in the amount of $1,000,000. A $1,000,000 local cash match is required. SECTION 2. That the Mayor is hereby authorized to execute all documents necessary to accept the grant award with the Kentucky Department for Local Government as approved in Section 1 above. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammara S. Sanderson, City Clerk, September 12, 2017 \mo\grants\CDBG — floodwall pump station 2 rehab award 9-2017 Agenda Action Form Paducah City Commission Meeting Date: September 12, 2017 Short Title: Floodwall Quilt Murals Work -For -Hire Agreement ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Mark Thompson and Jeff Pederson Presentation By: Jeff Pederson Background Information: A group known as Paducah Quilt Murals, Inc., (herein referred to as PQM) formed a couple of years ago and has now approached the City requesting permission to fund, reproduce and maintain Quilt Murals on nineteen panels of the floodwall on the river side facing the Julian Carroll Convention Center. We have been engaged with PQM for the past several weeks to formulate an agreement that meets the respective needs of each party. This agreement sets forth the terms by which PQM shall perform said tasks. Compensation from the City to PQM for this work shall be One Dollar ($1.00), and PQM is required to maintain a Maintenance Endowment Fund with a permanent balance of not less than $10,000. A maximum of nineteen murals is permitted by this agreement. All work associated with this Agreement is deemed to be "work for hire" and the City has the unrestricted right to maintain, repair, modify, remove, transform and adopt the work. All rights and protections under the Copyright Act are waived and assigned to the City under terms of this Agreement. Staff Recommendation: Approve the Floodwall Quilt Murals Work -For -Hire Agreement. Attachments: Floodwall Quilt Murals Work -For -Hire Agreement Municipal Order Department Head City Clerk Manager tY MUNICIPAL ORDER NO. A MUNICIPAL ORDER OF THE CITY OF PADUCAH AUTHORIZING THE MAYOR TO EXECUTE A WORK -FOR -HIRE AGREEMENT WITH PADUCAH QUILT MURALS, INC. FOR QUILT MURAL INSTALLATION AND MAINTENANCE OF UP TO NINETEEN MURALS ON A THE PANELS OF THE RIVERSIDE OF THE FLOODWALL FACING THE JULIAN CARROLL CONVENTION CENTER WHEREAS, the City owns and controls a certain portion of the riverfront floodwalls, right-of-ways, fixtures, and sidewalks located north of the Park Avenue North Loop and between 4`h and 5a' Streets; and WHEREAS, Paducah Quilt Murals, Inc. wishes to install and maintain Quilt Murals on the 19 panels of the riverside of the Floodwall facing the Julian Carroll Convention Center: and WHEREAS, the City of Paducah and Paducah Quilt Murals, Inc. now wish to enter into an agreement to outline the terms and conditions for the installation and maintenance of the Quilt Murals. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION I. That the City of Paducah hereby approves the Floodwall Quilt Mural Work -For -Hire Agreement with Paducah Quilt Murals, Inc. for and in consideration of $1.00 for the installation and maintenance of up to 19 Quilt Murals on the panels of the riverside of the Floodwall facing the Julian Carroll Convention Center. SECTION 2. That the Mayor is hereby authorized to execute the agreement approved in Section 1 above with Paducah Quilt Murals, Inc. SECTION 3. This Municipal Order shall be effective from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners September 12, 2017 Recorded by Tammara S. Sanderson, City Clerk, September 12, 2017 \mo\agree-Quilt Murals 9-2017 205878ver2 Clem8-31-17 FLOODWALL QUILT MURALS WORK -FOR -HIRE AGREEMENT This FLOODWALL QUILT MURALS WORK -FOR -HIRE AGREEMENT (this "Agreement") is entered into as of this day of , 2017 by and between the CITY OF PADUCAH, KENTUCKY, a municipal corporation and body politic of the Commonwealth of Kentucky, P.O. Box 2267, Paducah, Kentucky 42002-2267, (hereinafter referred to as the "City") and PADUCAH QUILT MURALS, INC., a Kentucky non-profit corporation, with principal office located 421 North 7"' Street, Paducah, Kentucky 42001 (the "Company," and together with the City, the "Parties"). WITNESSETH WHEREAS, the City owns and has exclusive control of and possession of a certain portion of the riverfront floodwalls, right-of-ways, fixtures, and sidewalks located north of the Park Avenue North Loop and between 4`t' and 5v' Streets within the boundaries of the City of Paducah (the "Floodwall"), a depiction of which is attached hereto as Exhibit A; and WHEREAS, the Company is engaged in funding, reproducing, and maintaining Quilt Murals (as defined below) incorporating pre-existing quilt art for art education and beautification of publicly owned real property; and WHEREAS, the Company wishes to install and maintain the Quilt Murals on the 19 panels of the riverside of the Floodwall facing the Julian Carroll Convention Center; and WHEREAS, the City is agreeable to commissioning the Company to complete the Quilt Murals on the Floodwall on the terms and conditions set forth below, to which the Company is agreeable. NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows: 1. PURPOSE. The City specially engages the Company, and the Company hereby agrees to complete the Quilt Murals on the Floodwall. 2. SCOPE OF WORK. The responsibilities of the Company, at its sole cost, shall include the following: i. Reproduction of pre-existing quilt work onto Pellon material (the Quilt Mural") which is then applied with adhesive to the 19 riverside panels of the Floodwall (like wall paper), which has been coated with primer, and once the Quilt Mural has been applied it will be coated with UV/graffiti sealant or similar application methods which are expressly approved by the City at its sole discretion. The manner and method of the reproduction of pre-existing quilt work into the Quilt Murals is solely at the discretion of the Company and the City has no right to control the Company's manner and method of reproducing same. However, the Company shall apply the Quilt Murals to the panels of the Floodwall only in accordance with the materials described herein. Prior to the application of each of the Quilt Murals to the Floodwall, the Company shall provide to the City written evidence that the artist of copyrighted pre-existing quilt work has given permission for the reproduction. ii. Install metal informational plaque and stand for each of the Quilt Murals, the design and materials of same shall be subject to the prior approval of the Director of Parks Services, or his designee. The metal plaques shall contain text only providing information relating to the displayed pre-exiting quilt work. The Company shall obtain prior approval of the wording from the Director of Parks and Recreation or his designee. Once in place, each of the plaques and stands shall become property of the City of Paducah. iii. Install in -ground solar or electrical lighting fixtures for each mural in order to properly light each mural. Once in place, the lighting fixtures shall become property of the City of Paducah. iv. Work with the City of Paducah to determine the placement of the sidewalks in front of the quilt murals to allow visitors a safe viewing area. V. Maintenance of the Quilt Murals, the metal plaques and stands, and the lighting fixtures at all times during the term of this Agreement. vi. Create and establish within five (5) years from the Effective Date of this Agreement and then maintain, at all times during the term of this Agreement, a floodwall quilt mural maintenance endowment fund with a permanent balance of no less than $10,000.00, which funds are restricted to enable the Company to complete the maintenance responsibilities as described in this Agreement. The terms of such endowment fund and the retention of a professional investment firm/money manager to manage the fund and provide administrative support shall be in accordance with industry standards and subject to the final approval of the City Finance Director. viii. Submit an annual report to the City Finance which shall include the financials of the Company and the floodwall quilt mural project maintenance fund and provides a detail report on the progress of the Work to be performed herein by the Company. This annual report shall be certified by the financial officer of the Company. All of the foregoing shall be collectively referred to as the "Work." The Work, once commenced, shall be diligently and timely completed and completed in a work -manlike manner. The Work shall be free from defects in workmanship and materials, and will conform to the specifications agreed upon herein. 3. COMPENSATION. As consideration for the Work, the City will pay the Company $1.00 cash in hand paid and will grant permission to the Company to access the Floodwall, the sufficiency and receipt thereof is 2 hereby acknowledged by the Company, pursuant to the Flood Protection Work Permit, attached hereto as Exhibit B, the terms and conditions of which are incorporated herein and made a part hereof. 4. TERM. This Agreement shall be effective for one year from the date of execution by the Parties (the "Effective Date"). Notwithstanding the foregoing, the City may terminate this Agreement at any time prior to the expiration date, for any reason, by notifying the Company in writing of such termination no less than ten (10) days prior to the end of such termination. This Agreement shall renew automatically on a year-to-year basis (the "Term"). All representations and warranties of the Parties hereto contained in this Agreement, the Company's indemnity obligations in this Agreement with respect to events that occurred prior to the termination, and all other provisions of this Agreement that so provide shall survive the termination of this Agreement. 5. PARTIES' REPRESENTATIONS AND WARRANTIES. (a) The Parties each represent and warrant as follows: 1. Each Party has full power, authority, and right to perform its obligations under the Agreement. 2. This Agreement is a legal, valid, and binding obligation of each Party, enforceable against it in accordance with its terms. 3. Entering into this Agreement will not violate the charter or bylaws of either Party or any material contract to which that Party is also a party. (b) The Company hereby represents and warrants as follows: The Company has the right to control and direct the means, details, manner, and method by which the Work required by this Agreement will be performed, except as otherwise provided in Section 2 of this Agreement. 2. The Company has the experience, skill, and ability to perform the Work required by this Agreement. 3. The Company has the right to perform the Work required by this Agreement at such locations and at times as the Company shall determine. 4. The Work shall be performed in accordance with and shall not violate any applicable laws, rules, or regulations, and the Company shall obtain all permits or permissions required to comply with such laws, rules, or regulations. 5. The Company is responsible for paying all ordinary and necessary expenses of itself or its staff. 6. The Work, once commenced, shall be diligently and timely completed and completed in a work -manlike manner. The Work shall be free from defects in workmanship and materials, and will conform to the specifications agreed upon herein. 7. The Company expressly represents and warrants that the Work shall not infringe on the copyright, trademark, patent, moral rights, or proprietary right of any third party. To the extent the Work infringes on the rights of any such third party, the Company shall obtain a written license or consent from such third party permitting the use of the Work. 6. NATURE OF RELATIONSHIP. (a) Independent Contractor Status. The Company agrees to perform the Work hereunder solely as an independent contractor. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other. The Company is and will remain an independent contractor in its relationship to the City. The Company shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. Nothing in this Agreement shall create any obligation between either Party and a third party. (b) Indemnification of Company by Company. The City has entered into this Agreement in reliance on information provided by the Company, including the Company's express representation that it is an independent contractor and in compliance with all applicable laws related to the Work as an independent contractor. If any regulatory body or court of competent jurisdiction finds that the Company is not an independent contractor and/or is not in compliance with applicable laws related to the Work as an independent contractor, based on the Company's own actions, the Company shall assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Company and/or the City resulting from such contrary interpretation, including but not limited to taxes, assessments, and penalties that would have been deducted from the Company's earnings had the Company been on the City's payroll and employed as an employee of the Company. THE COPYRIGHT ACT. (a) The Copyright Act. The Company expressly acknowledges and agrees that the Work performed by the Company and its employees and contractors under this Agreement shall be considered "work for hire," as defined by Section 101 of Title 17 of the United States Code, as may be amended from time to time (the "Copyright Act"). The Work to be performed under this Agreement shall be the exclusive property of the City. The City has the unlimited and unrestricted right, but not the obligation, to maintain the Work, to repair the Work, to modify the Work, remove the Work, to transform the Work, and to adapt the Work. (b) Additional Action to Assign Interest. To the extent the Work may be deemed "work of visual art" subject to protection under the Copyright Act or not be deemed a "work for hire" under the Copyright Act, the Company and its employees and contracts hereby waive all rights and protections conferred under the Copyright Act and assigns to the City all of their right, title, 11 and interest in and to the Work, including but not limited to all rights and protections under the Copyright Act. The Company shall execute and deliver to the City any instruments of transfer and take such other action that the City may reasonably request, including, without limitation, executing and filing, at the Company's expense, waivers, copyright applications, assignments, and other documents required for the protection of the City's rights to the Work. (c) Moral Rights. To the extent that the Company and its employees and contractors have any moral rights or similar rights in the Work, under the law of any jurisdiction, the Company and its employees and contractors waive those rights. In particular, the Company and its employees and contractors waive any right to have the Work attributed to the Company or any of its staff or to prevent the Work from being modified, transformed, removed, or otherwise adapted as the City may deem necessary. (d) Reproduction. Except as otherwise provided in this Agreement, the City shall have no right to reproduce, display, or distribute the pre-existing quilt art which shall otherwise remain under the protection of the Copyright Act. 8. INDEMNIFICATION. The Company shall indemnify and hold harmless the City and its officers, commissioners, manager, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors and assigns from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys' fees and disbursements (collectively, the "Claims") that any of them may suffer from or incur and that arise or result primarily from (i) any negligence or willful misconduct of the Company arising from or connected with the Company's carrying out of its duties under this Agreement, or (ii) the Company's breach or alleged breach of any of its obligations, agreements, duties, or warranties and representations under this Agreement; provided, however, none of the foregoing result from or arise out of the actions or inactions of the City. O_[`►I<YI17.w" During the Term of this Agreement, the Company shall provide, keep and maintain certificates of insurance acceptable to the City, evidencing that the Company has obtained insurance described as follows: i. Commercial General Liability. Commercial Liability Insurance to include minimum limits of One Million and No/100 dollars ($1,000,000.00), combined single limit bodily injury each occurrence, Two Million and No/100 Dollars ($2,000,000.00) in the aggregate. At the request of the City, submit proof thereof to the City. ii. Workers Compensation Insurance. The Company shall comply with all requirements of Kentucky law regarding workers compensation insurance. Prior to performing the Work under this Agreement, the Company shall provide or purchase sufficient and adequate workers compensation insurance and at the request of the City, submit proof thereof to the City. 10. ASSIGNMENT. The Company may not, without the prior written consent of the City, assign, subcontract, or delegate its obligations under this Agreement. 11. SUCCESSORS AND ASSIGNS. All references in this Agreement to the Parties shall be deemed to include, as applicable, a reference to their respective successors and permitted assigns. The provisions of this Agreement shall be binding on and shall inure to the benefit of the successors and permitted assigns of the Parties. 12. NO IMPLIED WAIVER. The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation. 13. NOTICE. Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return -receipt requested) to the respective Parties as follows: If to the Company: If to the City: ATTENTION: CHAIR PADUCAH QUILT MURALS, INC. 421 NORTH 7TH STREET PADUCAH, KY 42001 ATTENTION: DIRECTOR OF PARKS AND RECREATION 300 SOUTH 5' STREET POST OFFICE BOX 2267 PADUCAH, KY 42002-2267 14. GOVERNING LAW. This Agreement shall be governed by, and construed and interpreted according to the substantive laws of the Commonwealth of Kentucky, without giving effect to its choice of law provisions. The parties hereby consent to the exclusive jurisdiction of the state courts of Kentucky and/or the federal court for the Western District of Kentucky, Paducah Division, with respect to all matters arising out of or related to this agreement. 15. COUNTERPARTS/ELECTRONIC SIGNATURES. 6 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature. 16. SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. ENTIRE AGREEMENT. This Agreement and the Flood Protection Works Permit, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties. 18. HEADINGS. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 19. AMENDMENTS. No amendment, change, or modification of this Agreement shall be valid unless in writing, approved by the governing body of the City, and signed by both Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. ('nm nano• City: CITY OF PADUCAH, KENTUCKY By:_ Title: Date: EXHIBIT A DEPICTION OF FLOODWALL PANELS SEE ATTACHMENT EXHIBIT B FLOOD PROTECTION WORK PERMIT SEE ATTACHMENT DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, LOUISVILLE CORPS OF ENGINEERS P.O. BOX 59 LOUISVILLE, KENTUCKY 40201-0059 May,19, 2017 Mr. Rick Murphy, P.E. City Engineer, City of Paducah, KY 300 South St" Street P.O. Box 2267' Paducah, KY 42003 Dear Mr. Murphy: RECEIV ) MAY 2 5 Z011 ENG] N EER INC, i%FPARTMEN7 I am returning two original approved alteration requests (Reference ATumber 201753.PAD) for the proposed modification to the Paducah Levee System; between Stations 157+48.60 (Monolith 28 1) and Station 161+07.79 (Monolith 300) in Section "B" Unit 2. We understand that the project will consist of applying murals to the floodwall monolith panels and, adding solar powered lighting assembly approximately 10 feet from the floodwall. Welave reviewed the submitted document and have no objections to the proposed work provided the Standard Operating Procedure (SOP) "Floodwall Painting and Murals" is used for reference (attached herein and available at hM:/h+nv>v.lkl. usace.rrm.nul/l,-n). It should. be noted that this approval is, for only the work discussed. herein. It is the responsibility of the City of Paducah to ensure the work is completed. in an acceptable manner. This approval will be valid for a period of two years from the date of this letter. If you have any questions regarding this letter, please contact your area representative Mr. Neil Cash at (502)- 315-6419 or by email at Neil.Cash@usace.army.mil. Sincerely, l I ,. kef F. Allison, P.L. , Civil Engincering Brauch Alternate Levee Safety Officer Enclosures Levee System Alteration Permission �! 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A+.mY cm}w�uriuygvcm lDxm) of, C:n'1£;u.-rir•Q E..a E CCOOuhfmGn Lctsl4fr;h i•L 1,Fyc,b7.4vwgvf-Ky CricH' Cm villc, KY 492J1 1.4.1 I`t 0.1 froRLOULSVEI.SDLSIRICp USG); Prana2vn HCErtued Section 408 Levee System Alteration Permission (LSAP) Information Project: Paducah LFPP LEAP: No.20170S3.PAD Applicant: Paducah Quilt Murals, Inc. 421 North 7th Street Paducah KY42001 This LEAP application can be described as follows: Type of construction: Mural artwork requiring monoliths to be cleaned, prepped, installed and maintained. The murals will be painted on Pelson material and applied to the monoliths panels (like wall paper) and coated with UV/graffiti sealant. A free standing Interpretative plaque having a solar powered up -lighting assembly will be, placed approximately ten to twelve feet perpendicular to each monolith receiving the art application. Intended Purpose: Public art at the Paducah -McCracken Convention Center. Location: Paducah LFPP Section "B" Unit 2 from Station 157+48.60 (Monolith 281) to Station 161+07.79 (Monolith 300) river or wet side of °r Wall, Attachments: See Google Earth Image attached. PA 9 STANDARD OPERATING • / N OR FLOODFLOODWALL PAINTING AN1 MURALS 2 December 2010 Floodwall painting should be performed in accordance with the following requirements: 1. A sealant is applied to the portions of the concrete floodwall to be utilized for the mural. The sealant should be.an acrylic seater, meeting the requirements of Federal Specifications TT -C -555B, and should be applied in accordance vdth the manufacturer's recommendations. 2. A quality exterior primer and latex paint (meeting the requirements of Federal Specification TT -P-19) having a flat finish should be utilized for painting the mural, with the primer and paint applies in accordance with the manufacturer's recommendations. 3. if an entity other than the local sponsor wants to paint the floodwall, an agreement between the local sponsor and any entity wanting to paint the mural should be prepared.. The agreement shall include a provision for "restoring" the floodwall (repainting or cleaning), if in the fature the entity no longer wishes to maintain the mural pmject. Agenda Action Form Paducah City Commission Meeting Date: 9-12-17 Short Title: Reimbursement to Paducah Economic Development for Credit Bureau Expansion ❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion Staff Work By: Jeff Pederson, City Manager Presentation By: Jeff Pederson, City Manager Background Information: Credit Bureau has expanded local operations by constructing a new building in the Information Age Park in which it intends to employ up to 70 new full-time employees. Paducah Economic Development has purchased the parcel of land from the Kentucky Cabinet for Economic Development and is seeking participation in the project by the City in the form of reimbursement to PED in the amount of $34,029. 00 for the aforementioned land purchase. The project also qualifies for a 1 % City payroll tax credit for a period of five years. Goal: ®Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns Funds Available: Account Name: el P%0. Account Number: Finance Staff Recommendation: Approve reimbursement request using funds from the Economic Incentive Reserve account. Attachments: Department Head City Clerk City Manager �� MUNICIPAL ORDER NO. A MUNICIPAL ORDER AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO REIMBURSE THE GREATER PADUCAH ECONOMIC DEVELOPMENT COUNCIL THE AMOUNT OF $34,029 FOR THE PURCHASE OF LOT 24C IN THE PADUCAH INFORMATION AGE PARK FOR CONSTRUCTION OF A NEW BUILDING FOR THE EXPANSION OF CREDIT BUREAU SYSTEMS, INC., OPERATIONS BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby authorizes and directs the Finance Director to make payment in the amount of $34,029 to the Greater Paducah Economic Development Council for reimbursement of purchase of Lot 24C in the Information Age Park for construction of a new building for the expansion of Credit Bureau Systems, Inc., operations. SECTION 2. This expenditure authorized in Section 1 above shall be charged to the Economic Incentive Reserve account. SECTION 3. This order shall be in full force and effect from and after the date of its adoption. Mayor ATTEST: Tammara S. Sanderson, City Clerk Adopted by the Board of Commissioners, September 12, 2017 Recorded by Tammara S. Brock, City Clerk, September 12, 2017 \roto\payment-GPEDC ($34,029) Credit Bureau �r ECONOMIC DEVELOPMENT December 12, 2016 Mr. Don Goodin, Director Office of Financial Services KY Cabinet for Economic Development Old Capitol Annex 300 West Broadway Frankfort KY 40601 Dear Don, Please find enclosed check H 15981 in the amount of $34,029.00 for lot 24C in the Paducah Information Age Park (loan k 207071012), which we discussed earlier today. If you have any questions, please contact me. Thank you and hope you have a wonderful holidayl Sincerely, y�� Nora Rikel CFO Enclosure GPEVC INC KEDFA - Fund A, Date Type Reference 12/12/2016 Bill Lot 24C IAP Original Amt, 34,029.00 Paducah Bank.Operat Lot 24C of Loan # 207071012 (0 12/12/2016 Balance Due Discount 34,029.00 Check Amount 15981 Payment 34,029.00 34,029.00 34;029.00 K- Agenda Action Form Paducah City Commission Meeting Date: April 16, 2017 Short Title: Noble Park Phase II Change Order #1 and Final Quantities ❑Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Maegan Mansfield, P.E., EPW Proj Mgr Presentation By: Rick Murphy, P.E., City Engineer -Public Works Director Background Information: On March 17`h, 2017, the Board of Commissioners adopted Ordinance #2017-2-8477, authorizing the Mayor to execute a contract with Youngblood Excavating & Contracting, LLC, in the amount of $242,980.00 for the construction of the Noble Park Lake Bank Stabilization Project -Phase II. On March 27`h, 2017, a Notice to Proceed was given to the Contractor to commence work and complete the work within 150 consecutive calendar days with the exception of the any shut down periods and approved extensions. At this time, the City wishes to increase the contract by $20,500 to pay for additional items that are in excess of the original contract. The increased amount will be used to pay for the following items: a tree removal which interfered with construction, removal of organic materials from pond that has accumulated over time, and a new pedestrian bridge connecting land between shelters and play ground on the east side of the park. The contract also needs to be extended until September 30`h, 2017 to allow time for the new pedestrian bridge to be constructed. Therefore, a Change Order in the increased amount of $20,500 is requested to be adopted, which will increase the original contract amount of $242,980 to $263,480. Please see the attached Change Order. Goal: ❑Strong Economy ®Quality Services ❑Vital Neighborhoods ❑Restored Downtowns Funds Available: Account Name: Noble Park Bank Stabilization 8%1 Phase II Account Number: PAO 107-000-22000-22010 Project Number: PA0107 -4 - t wat a - -o 4 &x11 1;1 E P" % PoWka A -c I,p,,.$-r . Agenda Action Form Page 2 Staff Recommendation: To adopt Change Order #1 in the amount of $20,500.00 increasing the contract amount with Youngblood Excavating & Contracting, LLC, for the construction of Noble Park Bank Stabilization Phase II Project. Therefore, the original contract amount of $242,980.00 would be increased to $263,480.00. Attachments: Original Ordinance, Contract, Notice to Proceed, and Change Order #1. Agenda Action Form Paducah City Commission Meeting Date: AUGUST 29, 2017 Short Title: Amend ABC Ordinance ®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion Staff Work By: Tammy Sanderson Presentation By: Jeff Pederson, City Manager Background Information: The Kentucky General Assembly passed House Bill 100 (HB 100), House Bill 183 (HB 183), and House Bill 319 into law during the 2017 legislative session. These bills make numerous amendments to Kentucky's alcoholic beverage statutes (KRS 241-244), many of which either authorize or necessitate amendment of local ordinances. This ordinance proposes several amendments to the City's alcoholic beverage ordinances to implement the following changes: Duties and functions of City Alcoholic Beverage Administrator; Bond requirement. The language of Sec. 6-2 is being revised to conform with amendments to state law which clarify the duties and functions of local ABC administrators regarding licensing and penalization. The requirement that the City ABC Administrator execute a $1,000 bond is also being eliminated from Sec. 6-2 because this is no longer required under state law. Other changes are being made to this section for conformity with statutory language and for gender neutrality. Sunda. Sec. 6-4 currently prohibits the sale of alcoholic beverages on Sunday unless the type of sale or type of license falls within one of the exceptions under paragraphs (d) through (h). In such cases, Sunday sales are only permitted between the hours of 1:00 p.m. and 10:00 p.m. This ordinance will amend Sec. 6-4 to allow the sale of alcoholic beverages on Sundays for all license types during the same hours such sales are permitted any other day of the week. The exceptions in paragraphs (d) through (h) are being eliminated because they are not necessary if Sunday sales are generally allowed. Sec. 6-7 is being repealed because it creates an exception to the general prohibition on Sunday sales for holders of special temporary licenses which is not necessary based on the changes to Sunday sales in Sec. 6-4. Other changes are being made to this section for clarity and gender neutrality. • Underage person on licensed premises. The provisions of Sec. 6-5 are being replaced with a reference to KRS 244.085. State law more fully sets forth the prohibited activities regarding underage persons on premises licensed to sell alcoholic beverages. Agenda Action Form Page 2 Therefore, a local ordinance is not necessary unless the City wants to regulate these activities more strictly than state law. License Types. A new statute for the types of licenses that a city may require was enacted. Sec. 6-40 is being amended to conform with the types of local licenses and associated fees now permitted under state law. Other changes are being made to Sec. 6-40 for clarity and to improve the overall organization. Conformity with state law. See. 6-3, Sec. 6-32, Sec. 6-33 and Sec. 6-34 are being amended for the sole purpose of conforming with changes in state law with respect licensing procedures. Goal: ®Strong Economy ® Quality Services❑ Vital Neighborhoods® Restored Downtowns Staff Recommendation: To adopt the above changes to the City's ABC ordinance. Attachments: Department Head City Clerk City Manager 206620 CITY OF PADUCAH ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6, SECTIONS 6-2, 6-3, 6-4, 6-5, 6-32, 6-33, 6-34, AND 6-40 AND REPEALING SECTION 6-7 OF THE CODE OF ORDINANCES OF THE CITY OFPADUCAH,KENTUCKY WHEREAS, this Ordinance amends Chapter 6, Sections 6-2, 6-3, 6-4, 6-5, 6-33, 6-34, and 6-40 and repeals Section 6-7 of the Code of Ordinances of the City of Paducah, Kentucky, which regulate licenses to sell or manufacture alcoholic beverages; WHEREAS, this Ordinance is being enacted to conform with amendments to Chapters 241-244 of the Kentucky Revised Statutes enacted pursuant to House Bill 100, House Bill 183, and House Bill 319 during the 2017 Regular Session of the General Assembly of the Commonwealth of Kentucky; and WHEREAS, this Ordinance is also being enacted to permit the sale of alcoholic beverages on Sunday for certain license types [during prescribed hours]; NOW THEREFORE be it ordained by the City Commission of the City of Paducah as follows: SECTION 1. That Section 6-2, "Alcoholic Beverage Administrator," is hereby amended and restated to read as follows: Sec. 6-2. - Alcoholic Beverage Administrator. (a) The City Manager is hereby assigned the duties of the Office of the City Alcoholic Beverage Administrator and shall have full and complete charge of the administration and enforcement of all ordinances of the city relating to the granting of licenses for selling, dispensing, manufacturing and dealing in malt beverages within the city and regulating the business of selling whiskey, wine, beer, and other alcoholic and malt beverages at retail and at wholesale within the city. (b) The City Manager shall have the same duties and functions regarding local license applications and renewals as the Kentucky Department of Alcoholic Beverage Control with respect to state licenses. Lq_The City Manager may delegates duties as Alcoholic Beverage Administrator as he or she deems necessary. (eb) Before entering upon Na -official duties as such, the City Manager shall take the oath prescribed in SECTION 2. That Section 6-3, "Appeals," is hereby amended and restated to read as follows: Sec. 6-3. - Appeals. Appeals from a decision or ordererders of the City Manager may be taken to the state Alcoholic Beverage Control Board as provided in KRS 241.200. SECTION 3. That Section 6-4, "Permissible operating hours," is hereby amended and restated to read as follows: Sec. 6-4. Permissible operating hours. (a) Package sales and on -premises consumption hours generally. EX^^^' as ^'"_^• se pFevi'_d under Wssest , tThe lawful operating hours for licensed retail premises under this article for retail package sales and on -premises consumption of distilled spirits, wine and malt beverages shall-enly be permitted far eaGh ^ ^' SundayMGR4ay through Saturday, and shall be limite '^ during the following periods of time: License Opening Hour Closing Hour Package sales: Malt beverages/beer 6:00 a.m. 12:00 midnight Distilled spirits 6:00 a.m. 12:00 midnight On -premises consumption: Malt beverages/beer 6:00 a.m. 3:00 a.m. following day Distilled spirits 6:00 a.m. 3:00 a.m. following day (b) The licensee shall ensure that at the closing hour all patrons shall have vacated the premises. Operators and their employees engaged in regular and ordinary post -closing activities may be on the premises during the closed hours, provided that the licensee has complied with subsection (c) below. (c) If a licensee provides a separate department within his or her licensed premises capable of being locked and closed off, within which is kept all stocks of distilled spirits and wine, and all fixtures and apparatus connected with his or her business as a licensee, and said department is kept locked during the times mentioned above, he or she shall be deemed to have complied with this section. SECTION 4. That Section 6-5, "Underage persons prohibited on premises licensed for on - premises consumption; exceptions," is hereby amended and restated to read as follows: Sec. 6-5. - Underage persons prohibited on premises licensed for on -premises consumption; exceptions. M1111111- MP QMMMjs� Utz; _e�e - SECTION 4. That Section 6-5, "Underage persons prohibited on premises licensed for on - premises consumption; exceptions," is hereby amended and restated to read as follows: Sec. 6-5. - Underage persons prohibited on premises licensed for on -premises consumption; exceptions. - Mee e- QMMMjs� Utz; _e�e - 4]tI��IL7faZTl-7FrS-1.7S-T.ff.Ti7T�S1/-T.{ SECTION 5. That Section 6-7, "Regulation of special temporary licenses," is hereby repealed. SECTION 6. That Section 6-32, "Application" is hereby amended and restated to read as follows: Sec. 6-32. -Application. u_Any person desiring to obtain a license required by this chapter shall make application therefor to the City Manager or his designee, which application shall state the name and residence of the applicant -and -the exact street address within the city where alcoholic beverages are to be sold or dispensed, and all other information required under KRS 243.390 and any administrative regulation(s) promulgated by the Board. (3) City licensing fees will be collected at the time which the application is approved by the state Board. SECTION 7. That Section 6-33, "Issuance; standards," is hereby amended and restated to read as follows: Sec. 6-33. - Issuance; standards. All licenses required by this chapter shall be approved and issued or denied at the order and d r ct:an of the City Ra98F .,r his designee -4f, in the judgment of the City Manager, the applicant for a license under this chapter has complied with all requirements of the state alcoholic beverage control laws, as well as the regulatory provisions and standards of this chapter, the license shall be approved4s4ed. In such case, the City Manager or his designee shall direct the City Treasurer to prepare and issue the license to the applicant upon payment to the Treasurer of the fee required by this chapter. The standards for the issuance and renewal of all licenses required by this chapter shall be as follows: (1) The applicant has complied with all requirements of the state alcoholic beverage control laws. 4 SECTION 5. That Section 6-7, "Regulation of special temporary licenses," is hereby repealed. SECTION 6. That Section 6-32, "Application" is hereby amended and restated to read as follows: Sec. 6-32. -Application. u_Any person desiring to obtain a license required by this chapter shall make application therefor to the City Manager or his designee, which application shall state the name and residence of the applicant -and -the exact street address within the city where alcoholic beverages are to be sold or dispensed, and all other information required under KRS 243.390 and any administrative regulation(s) promulgated by the Board. (3) City licensing fees will be collected at the time which the application is approved by the state Board. SECTION 7. That Section 6-33, "Issuance; standards," is hereby amended and restated to read as follows: Sec. 6-33. - Issuance; standards. All licenses required by this chapter shall be approved and issued or denied at the order and d r ct:an of the City Ra98F .,r his designee -4f, in the judgment of the City Manager, the applicant for a license under this chapter has complied with all requirements of the state alcoholic beverage control laws, as well as the regulatory provisions and standards of this chapter, the license shall be approved4s4ed. In such case, the City Manager or his designee shall direct the City Treasurer to prepare and issue the license to the applicant upon payment to the Treasurer of the fee required by this chapter. The standards for the issuance and renewal of all licenses required by this chapter shall be as follows: (1) The applicant has complied with all requirements of the state alcoholic beverage control laws. 4 (2) The applicant has complied with all regulatory provisions and standards of this chapter. (3) The applicant has been issued an occupational business license and has paid all fees and taxes as required by same. (4) The applicant has been issued all permits required by state law to operate the applicant's business on the licensed premises and, if applicable, has provided a copy of the applicant's permit issued pursuant to KRS ch. 219. (5) The applicant has paid all fees and taxes as required under chapter 106 of this Code. (6) The applicant has paid all city ad valorem taxes which are due and payable against the real property where the applicant's business is to be conducted and where alcoholic beverages are to be sold or dispensed. (7) If applicable, the applicant has paid all transient room taxes required by KRS 142.400 and has provided proof of such payment. (8) The applicant has paid all fees as required under this chapter. (9) The applicant has paid all city property maintenance liens due and payable against the real property upon which the applicant's business is to be located and where alcoholic beverages are to be sold or dispensed. (10) The applicant has read and executed the form entitled "City of Paducah—Acknowledgement by ABC Applicant." SECTION 8. That Section 6-34, "Denial," is hereby amended and restated to read as follows: Sec. 6-34. - DenialRefwal. (a) The City Manager or his designee shall denyfefuse4o4swe a license applied for under this chapter if the applicant therefor and the premises for which the same is sought do not fully comply with all of the terms and provisions of the state alcoholic beverage control laws, the rules and regulations of the state Alcoholic Beverage Control Board and the provisions of this chapter, or if the applicant has done any act for which a revocation of such license would be authorized under the state statutes or under this chapter. (b) When a license is deniedrefused under the provisions of this section, the City Manager shall comply with all of the rules of procedure governing the rights of the parties involved as set out in KRS ch. 243. (c) If the payment of a license fee was erroneously made or the City Manager denies Fee ses'.a��-te-,ssiss the license, the City Manager shall authorize the refund of the amount paid, if the time permitted to file an appeal under section 6-3 of this chapter has expired. The refunds shall be made whether the payments were voluntary or involuntary or were made under protest or not. SECTION 9. That Section 6-40, "License types and fees," is hereby amended and restated to read as follows: Sec. 6-40. - License types and fees. The City shall issue the following alcoholic beverage licenses and collect the corresponding fees. All fees due to the city will be collected at the time the application is approved by the state Alcoholic Beverage Control Board. a—Distiller's license., 1. Glass A, per annum.............................................................................................$500.004-rQ09:90 (2) I-Ydrl -Distillers that ^r^^__ _.___^ than fifty thG and (50,000) gallons of distilled c 'Fits ^ 1Lr aI^radar y ^t then shall ^htaiR ^ distiller's I'^ n !lass A year Fe 'rocons m 2. Class B, peFaRnU ...�00 i. Distillers that pFedUGe fifty theusand (50,000) gallens 9F less of distilled spiFits Per Galendar yeaF at thenremisessh;.11 ehta'n a distiller's license,Class ass B /areit distillery). b- Rectifier's license: a4. Class A, per annum........................................................................................$3,000.00 i. Rectifiers that rectify more than fifty thousand (50,000) gallons of distilled spirits per calendar year at the premises shall obtain a rectifier's license, Class A. b2-. Class B (craft rectifier), per annum..........................................................................$960.00 i. Rectifiers that rectify fifty thousand (50,000) gallons or less of distilled spirits per calendar year at the premises shall obtain a rectifier's license, Class B (craft rectifier). (I_sWholesaler's distilled spirits and wine license, per annum ..............................................$3,000.00 (4L_4-.Quota retail package license, per annum........................................................................$1,000.00 (52) Quota retail drink license, per annum..............................................................................$1,000.00 (63) Special temporary license, per event................................................................................. $165.00 (74) Nonquota type 1 retail drink license, per annum............................................................. $2,000.00 a. Nonquota type 1 (also known as "NQ-1") retail drink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits, wine, and malt beverages by the drink. A second retail malt beverage license is not required. c. NQ-1 licenses may be issued a �r-- 1. Convention centers 4icens. 2. Horse tracks4se%e 3. Automobile race tracks l seas 4. Air/rail systems, license (8a) Nonquota type 2 retail drink license, per annum............................................................. $1,000.00 a. Nonquota type 2 (also known as "NQ-2") retail drink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits, wine, and malt beverages by the drink. A second retail malt beverage license is not required. c. NQ-2 licenses may be issued to;nso, o a G t! e fc!!o::%^g for ser I^race t ,re^ 1. Restaurants' di^ate sen 2. Motel1: dFlal, Ivmn IiGe r.^^^^e^^a 3. Airports:"e^ta rat. a Iia . 4. Riverboats: Airport dr:n k':seRse. 5. Distillers. Rivz9eFb o"ice^^^. (96) Nonquota type 3 retail drink license, per annum................................................................ $300.00 0 a. Nonquota type 3 (also known as "NQ -3") retail drink licenses are combination licenses. b. The holder of a combination license may sell distilled spirits, wine, and malt beverages by the drink. A second retail malt beverage license is not required. c. An NQ -3 retail drink license may be issued to: 1. A private club in existence for longer than one year prior to the license application; 2. A bed and breakfast; or 3. A disiillw d. An NQ -3 qualifying as a special private club may not hold a nonquota retail malt beverage package license. (107 -)Special temporary alcoholic beverage auction license, per event ......................................$100.0020&00 (116) Special Sunday retail drink license, per annum................................................................ $300.00 a. Licensees that are authorized to sell distilled spirits and wine by the drink must also obtain a special Sunday retail drink license to authorize these sales on Sundays (129) Extended hours supplemental license, per annum............................................................$300.00 (1310)Caterer's license, per annum.............................................................................................$800.00 (1444)Bottling house or bottling house storage license, per annum ..........................................$1,000.00 (1542) Malt beveFage licenses as fallaws: a. Brewer's license, per annum.............................................................................................. $500.00 LQLb-.Microbrewery license, per annum......................................................................................$500.00 (97Z_sMalt beverage distributor's license, per annum..................................................................$400.00 L!8j—d-Nonquota retail malt beverage package license, per annum .............................................$200.00 mn/inn elf the n L191 e:Nonquota type 4 retail malt beverage drink license, per annum ........................................$200.00 (20*)Qualified historic site license, per annum........................................................................$1.030.00 (_The fee for each of the first five supplemental bar licenses shall be same as the fee for the primary drink license. There shall be no charge for each supplemental license issued in excess of five to the same licensee at the same premises. aA supplemental bar license authorizes the licensee to sell and serve distilled spirits and wine by the drink at retail from an additional bar location other than the main bar. (2244) The holder of a nonquota retail malt beverage package license may obtain a nonquota type 4 malt beverage drink license for a fee of $50.00. The holder of a nonquota type 4 malt beverage drink license may obtain a nonquota retail malt beverage package license for a fee of $50.00. (2345) The activities permitted by the above licenses are defined in KRS ch. 243, which is incorporated herein as EiQ set out in full. Nonprofit organizations are exempted from license fees required by a special temporary license above. 7 SECTION 10. SEVERABILITY. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 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. ATTEST: CITY CLERK Introduced by the Board of Commissioners, 2017 Adopted by the Board of Commissioners, 2017 Recorded by City Clerk, 2017 Published by The Paducah Sun, 12017 Agenda Action Form Paducah City Commission Meeting Date: September 12, 2017 Short Title: Setting Tax Levies: Ad Valorem Properties -- FY2018 Ordinance ® Emergency ❑ Municipal Order ❑ Resolution ❑ Motion ❑ Staff Work By: Jonathan Perkins Presentation By: Jonathan Perkins Background Information: Real estate and personal property tax levies for the City's General Fund and Paducah Junior College (PJC) as well as another (non -City) tax jurisdiction, the Paducah Independent School District, are proposed to be set as per the attached ordinance. Please refer to exhibits 1-3 for a history of the ad valorem tax levies for real estate (exhibit 1), personal (exhibit 2) & inventory (exhibit 3). The City's General Fund real estate tax levy is proposed to be $25.5 cents per $100 AV. The proposed FY2018 rate is 56% of what the rate was in FY1995, when the City made a conscious effort to lower real estate tax rates (see exhibit 1). The City's General Fund personal tax levy is proposed to be $39 cents per $100 AV. The proposed FY2018 rate is 23% less than the FY1995 rate (see exhibit 2). The City eliminated inventory taxes (see exhibit 3) years ago in order to encourage inventory -rich business growth in Paducah. As you can see, the City's inventory rate was phased out over a four-year period, 1998 through 2002, and fully eliminated in FY2003. The inventory tax revenue would have been nearly $1.0 million in FY2018, if it were still in place today. Staff proposes the City's tax levy be set at 25.5 cents per $100 assessed value (AV), the same rate as last year (FY2017). The FY2018 compensating rate is 24.6 cents per $100 AV and Kentucky Revised Statutes (KRS) permits a city to adjust the compensating rate upward by not more than 4%, in this case to 25.6 cents. The City of Paducah is proposing to take an amount less than the 4% allowed by KRS, as it has many times in the past. From FY2001 to FY2018, the City of Paducah dropped its real estate tax levy by 4.5 cents, while others have increased their tax levy. The Paducah Independent School District real estate levy will decrease 0.2 cents to 79 and 7/10 cents/$100 AV. S:\Jon Perkins\Word\Property Tax Management\Agenda (AAF) - Property Tax Levies FY2018.Docx Agenda Action Form Page 2 The property tax levy ordinance will be introduced on September 12, 2017 with the second and final reading on September 26, 2017. Since the City's proposed tax levy is greater than the `compensating rate' of 24.6 cents per $100 AV, a public hearing is required; a public hearing is scheduled for September 12, 2017. Goal:® Strong Economy® Quality Services® Vital Neighborhoods® Restored Downtowns Funds Available: Account Name: N/A Account Number: N/A APN� Staff Recommendation: Recommend that the Mayor and Commission adopt the proposed 2017-2018 real estate and personal ad valorem tax levies as proposed. Motion: I move that an ordinance setting the levies and rates of taxation on all property in the City of Paducah, Kentucky, subject to taxation for municipal purposes and for school purposes for the period from July 1, 2017, through June 30, 2018, be adopted. Attachments: Tables of Historic Tax Levies (3) Department Head City Clerk City Manager SNon Perkins\Word\Property Tax Management\Agenda (AAF) - Property Tax Levies FY2018.Docx ORDINANCE NO, 2017 -09 - AN ORDINANCE FIXING THE LEVIES AND RATES OF TAXATION ON ALL PROPERTY IN THE CITY OF PADUCAH, KENTUCKY, SUBJECT TO TAXATION FOR MUNICIPAL PURPOSES AND FOR SCHOOL PURPOSES FOR THE PERIOD FROM JULY 1, 2017 THROUGH JUNE 30, 2018, WITH THE PURPOSES OF SAID TAXES HEREUNDER DEFINED BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. There is hereby levied for the period from July 1, 2017, through June 30, 2018, upon all taxable real property within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of twenty five and 5/10 cents ($.255) upon each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of the levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 2. There is hereby levied for the period from July 1, 2017, through June 30, 2018, upon all taxable personal property including motor vehicles and watercraft, except for inventory, within the City of Paducah, Kentucky, subject to taxation for municipal purposes, an ad valorem tax of thirty-nine cents ($0.390) upon each one hundred dollars ($100.00) assessed valuation of said property, pursuant to Section 157 of the State Constitution, to defray the cost of maintaining and administering the government of the City of Paducah, Kentucky, for said period, exclusive of levies hereinafter mentioned and defined, and the proceeds of said tax levy shall be paid into the General Fund of the City. SECTION 3. All taxes levied by Section 1 and 2 of this ordinance are necessary and required in order to provide revenue to meet the requirements of the budget ordinance adopted by the Board of Commissioners, and the proceeds of such tax levies and all other revenue of the City not specifically allocated to other purposes shall be deposited into the General Fund of the City to be expended as provided in the budget ordinance for the period from July 1, 2017, through June 30, 2018. SECTION 4. There is hereby further levied an ad valorem tax of one and 6/10 cents ($0.016) on each one hundred dollars ($100.00) of assessed valuation of all real property subject to taxation for municipal purposes in said City for the period from July 1, 2017, through June 30, 2018, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 5. There is hereby further levied an ad valorem tax of one and 6/10 cents ($0.016) on each one hundred dollars ($100.00) of assessed valuation of all personal property subject to taxation, except for inventory, for municipal purposes in said City for the period from July 1, 2017, through June 30, 2018, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 6. There is hereby further levied an ad valorem tax of three and 1/10 cents ($0.031) on each one hundred dollars ($100.00) of assessed valuation of all motor vehicles and watercraft property subject to taxation for municipal purposes in said City for the period from July 1, 2017, through June 30, 2018, for the purpose of aiding, assisting and maintaining Paducah Junior College, which tax shall be and the same is hereby declared to be a tax for municipal purposes. SECTION 7. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all real property in said City subject to taxation for school purposes. Pursuant to said resolution, budget and levy the following taxes for the period from July 1, 2017, through June 30, 2018, an ad valorem tax of seventy nine and 7/10 cents ($0.797) on each one hundred dollars ($100.00) assessed valuation of all real property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 8. The Board of Education of the City of Paducah, Kentucky, pursuant to the authority vested in it under its charter and under the laws of the Commonwealth of Kentucky has adopted a resolution and budget levying an ad valorem tax on all personal property in said City subject to taxation for school purposes. Pursuant to said resolution, budget and levy the following taxes for the period from July 1, 2017, through June 30, 2018, an ad valorem tax of seventy nine and 7/10 cents ($0.797) on each one hundred dollars ($100.00) assessed valuation of all personal property subject to taxation for school purposes in the City of Paducah, Kentucky, for the support and maintenance of the public schools of said City shall be collected by the City for the Board of Education. SECTION 9. The taxes levied under this ordinance are summarized as follows: PURPOSE RATE PER $100.00 GENERAL FUND OF THE CITY: Real Property $0.255 Personal Property (except inventory) $0.390 Motor Vehicles and watercraft $0.390 SCHOOL PURPOSES: PADUCAH JUNIOR COLLEGE Real Estate $0.016 Personal Property (except inventory) $0.016 Motor Vehicles and watercraft $0.031 SECTION 10. The City of Paducah shall collect the following taxes for the Board of Education: PADUCAH INDEPENDENT SCHOOL DISTRICT Real Property $0.797 Personal Property (including inventory) $0.797 SECTION 11. Property taxes levied herein shall be due and payable in the following manner: (1) In the case of tax bills which reflect an amount due of less than Seven Hundred Dollars ($700.00), the payment shall be due on November 1, 2017, and shall be payable without penalty and interest until November 30,2017. (2) In the case of all other tax bills, payment shall be in accordance with the following provisions: (a) The first half payment shall be due on November 1, 2017, and shall be payable without penalty and interest until November 30, 2017. (b) The second half payment shall be due on February 1, 2018, and shall be payable without penalty and interest until February 28, 2018. SECTION 12. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence and part thereof separately and independent of each other. SECTION 13. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor ATTEST: Tammara Sanderson, City Clerk Introduced by the Board of Commissioners September 12, 2017 Adopted by the Board of Commissioners September 26, 2017 Recorded by Tammara Brock, City Clerk, September _, 2017 Published by The Paducah Sun, September _ , 2017 W R ro Q H F b ti� W� V M a a n M O O V� V V Vni V M M V vii N ti z R O CO O n 4J n 00 n n n 00 OO o0 O M M M V Vl Vl vl vl \D iD �O �" v H o n o` o a+ �D �D �D rn� N o co w ,-• n o o �o rn� v v oo � e a v n vi N N M M V1 V T U Q\ N b b o0 00 U Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °z° W a � V mas 2 V QQ a W0. -0 -0 n0- —0 — — 0— 0— 0- 0— 0— zQ 000000000000000066666666W a a o 0 0 o v o 0 0 0 0 0 0 o a o 0 0 0 0 0 o e e z M 00 00 N N lD vl �O 01 01 vt 00 Vl Vl V Vl b �O vl V n 00 00 U M m M U W w fA K M M M M M M M M N N N N N N N N N N N N ap vi v. vi U Q M 0 0 0 0 0 M M M M 0 0 0 0 M M M N N N N N N N NN 0 0 0 0 o o 0 0 0 Cl!N . . N . o 0 0 0 N . o a O H 0 0 W Z y o 0 0. 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