HomeMy WebLinkAboutCCMPacket2017-12-12CITY COMMISSION MEETING
AGENDA FOR DECEMBER 12, 2017
5:30 P.M.
CITY HALL COMMISSION CHAMBERS
300 SOUTH FIFTH STREET
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
ADDITIONSIDELETIONS
PRESENTATION(S): Annual Business Awards — Civic Beautification Board
Christmas Parade Awards — Molly Tomasallo-Johnson
Comprehensive Stormwater Master Plan Problem Area
Identification — Strand Associates, Inc.
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 i+ -ill be no separate discussion of these itenrs
unless a Board member so requests, in which event the item will be removed from the Consent
Agenda and considered separately. The City Clerk will read the items reconnnended for
approval.
I.
RESOLUTION
A. Resolution to Request KEDFA to Refinance Portion of Bonds
Issued to Finance Elements of the Baptist Health Hospital Campus
II.
CONSENT AGENDA:
A. MINUTES
B. APPOINTMENT(S)
1. Civil Service Commission
2. Brooks Stadium Commission
C. MOTIONS)
1. R & F Documents
D. MUNICIPAL ORDER(S)
1. Personnel Actions — M. RUSSELL
2. Approve Upper Story Residential Grant for 227 Broadway — T.
TRACY
3. Approve Kentucky Department for Libraries and Archives
Grant Application — B. BARNHILL
III.
ORDINANCE(S) —INTRODUCTION
A. FY2017 Final Revised Budget Ordinance — J. PERKINS
B. Amend FY2018 Budget Ordinance — T. SANDERSON
C. Amend Human Rights Commission Ordinance — CITY
MANAGER PEDERSON
IV.
COMMENTS
A. Comments from the City Manager
B. Comments from the Board of Commissioners
C. Comments from the Audience
V.
EXECUTIVE SESSION
RESOLUTION
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE CITY OF PADUCAH, KENTUCKY, RELATING TO THE
ISSUANCE BY THE KENTUCKY ECONOMIC
DEVELOPMENT FINANCE AUTHORITY OF REVENUE
BONDS IN ORDER TO REFINANCE, AMONG OTHER
THINGS, COSTS INCURRED BY BAPTIST HEALTHCARE
SYSTEM, INC., IN CONSTRUCTING AND ACQUIRING
CERTAIN HOSPITAL FACILITIES IN THE CITY
WHEREAS, Baptist Healthcare System, Inc. ("Baptist Health"), a Kentucky
nonprofit corporation, desires to refinance the costs of previous improvements to certain hospital,
health care, and health-related facilities currently constituting Baptist Health Paducah in the City
of Paducah, Kentucky (the "City"), including without limitation the prior acquisition,
construction, or renovation of facilities for cardiovascular services, women's health services,
diagnostic imaging services, and chaplain services, safety system upgrades, and medical and
office equipment and furnishings (collectively, the "Existing Projects"), up to $15,000,000 of the
costs of which are presently expected to be refinanced by the Bonds; and
WHEREAS, it is expected that the refinancing of the Existing Projects by Baptist
Health will have a positive impact on the local economy and the delivery of hospital, health care,
and health-related services to the citizens of the City and the surrounding areas and, in particular,
will result in the provision of more efficient and effective hospital, health care, and health-related
services in the area; and
WHEREAS, the Kentucky Economic Development Finance Authority
("KEDFA"), a body politic and corporate within the Economic Development Cabinet of the
Commonwealth of Kentucky, created and existing pursuant to the provisions of KRS Chapter
154, possesses the legal authority to authorize and issue revenue bonds to provide for the
refinancing of the Existing Projects upon the request of the City as required by KRS 103.210(1);
and
WHEREAS, such refinancing, when undertaken by KEDFA, will enable Baptist
Health to continue to provide substantial employment for residents of the area; and
WHEREAS, the City previously requested the refinancing of the Existing Projects
from KEDFA in a Resolution of its Board of Commissioners duly adopted on September 13,
2016; and
WHEREAS, due to the passage of time, KEDFA has asked Baptist Health to
obtain a renewed request from the City regarding the issuance of revenue bonds to provide for
the refinancing of the Existing Projects; and
WHEREAS, the City, for the reasons above stated, desires to renew its request for
the issuance of such revenue bonds by KEDFA (the `Bonds") for the purposes of refinancing
costs of the Existing Projects, and refinancing the costs of other projects for other hospitals,
health care, and health-related facilities owned or operated by Baptist Health in other Kentucky
cities, and it is appropriate that this Resolution be adopted in order to evidence such request;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY OF
PADUCAH, KENTUCKY, ACTING BY AND THROUGH ITS BOARD OF
COMMISSIONERS, AS FOLLOWS:
Section 1. It is hereby found, determined and declared that the statements of fact
set forth in the preamble to this Resolution are true and accurate in all respects, and the preamble
and all of the recitals therein are incorporated in this Resolution by reference, as if set forth
verbatim herein.
Section 2. The City hereby requests the issuance of the Bonds by KEDFA in
order to refinance the Existing Projects for Baptist Health. Such request is made solely for the
purpose of satisfying the statutory requirement of KEDFA for such local request and shall not be
deemed to constitute an approval of the Existing Projects for any other municipal purpose of the
City.
Section 3. The adoption of this Resolution shall not be deemed to and shall not
constitute an approval of the Bonds or any representation made by KEDFA or Baptist Health in
the issuance thereof and shall not impose any liability or responsibility, financial or otherwise,
upon the City.
Section 4. This Resolution shall be in full force and effect from and after its
adoption.
ADOPTED by the Board of Commissioners of the City of Paducah, Kentucky, on
December 12, 2017, signed by the Mayor, attested by the City Clerk and declared to be in full
force and effect.
Brandi Harless, Mayor
Attest:
Tammara S. Sanderson, City Clerk
Adopted by the Board of Commissioners, December 12, 2017
Recorded by Tammara S. Sanderson, City Clerk, December 12, 2017
kesoln\Baptist Health Care-KEDFA REVENUE BOND ISSUE 12-2017
2-
CERTIFICATION
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the City of Paducah, Kentucky (the "City"), and as such Clerk, I further certify that the foregoing
is a true, correct, and complete copy of a Resolution duly adopted by the Board of
Commissioners of the City at a properly convened meeting held on December 12, 2017, signed
by the Mayor and now in full force and effect, all as appears from the official records of the City
in my possession and under my control.
IN WITNESS WHEREOF, I have hereunto set my hand this , 2017.
Tammara S. Sanderson, City Clerk
0
November 28, 2017
At a Regular Meeting of the Board of Commissioners, held on Tuesday, November 28, 2017, at
5:30 p.m., in the Commission Chambers of City Hall located at 300 South 5th Street, Mayor Pro
Tem Wilson presided, and upon call of the roll by the City Clerk, the following answered to their
names: Commissioners Abraham, Holland, Rhodes, and Mayor Pro Tem Wilson (4). Mayor
Harless was absent (1).
INVOCATION
Commissioner Abraham gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Wilson led the pledge.
RESOLUTION(S)
RESOLUTION SUPPORTING THE LOCATION OF UACJ WHITEHALL
AUTOMOTIVE INDUSTRIES, INC.
Mayor Pro Tem Wilson offered motion, seconded by Commissioner Abraham, that a Resolution
entitled, "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY, SUPPORTING THE LOCATION OF UACJ WHITEHALL
AUTOMOTIVE INDUSTRIES, Inc., BY REBATING THE 1% PAYROLL TAX ON
CERTAIN KEDFA PROGRAM ELIGIBLE POSITIONS," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes and Mayor Pro
Tem Wilson (4).
RESOLUTION SUPPORTING THE LOCATION OF CREDIT BUREAU SYSTEMS,
INC.
Mayor Pro Tem Wilson offered motion, seconded by Commissioner Holland, that a Resolution
entitled, "A RESOLUTION OF THE BOARD OF COMMISIONERS OF THE CITY OF
PADUCAH, KENTUCKY, SUPPORTING THE LOCATION OF CREDIT BUREAU
SYSTEMS, INC., BY REBATING THE 1% PAYROLL TAX ON CERTAIN KEDFA
PROGRAM ELIGIBLE POSITIONS," be adopted.
Adopted on call of the roll, yeas, Commissioners Abraham, Holland, Rhodes and Mayor Pro
Tem Wilson (4).
CONSENTAGENDA
Mayor Pro Tem Wilson asked if the Board wanted any items on the Consent Agenda removed.
Since no one responded she asked the City Clerk to read the Consent Agenda.
II(A)
Minutes for the November 14, 15 & 16, 2017 City Commission Meetings
II(B)1
R & F Documents
DOCUMENTS
1. Notice of Cancellation for the Paducah Board of Commissioners Meeting on
November 21, 2017
2. Notice of Called Meeting for the Paducah Board of Commissioners Meetings on
November 15 & 16, 2017
3. Certificate of Liability Insurance for Peck Flannery Gream Warren, Inc.
4. Contracts/Agreements:
a. Memorandum of Understanding with Brandi Harless and Adam Moyers
for one year extension for 421 North 5a' Street (MO # 2042)
b. First Extension and Amendment to Fuel Supply Agreement with JSC
Terminal, LLC DBA Midwest Terminal (ORD # 2015-12-8336)
c. Severance and Release Agreement with City Manager Jeffery A.
Pederson (MO # 2043)
d. Terms of Engagement Letter with Kemper CPA Group for Preparation of
Comprehensive Annual Financial Reports (ORD # 2017-02-8476)
e. Professional Services Agreement with Bacon Farmer Workman
Engineering & Testing, Inc, for 432 Broadway Pocket Park Design
Services (Executed by Planning Director)
f. Accredited Program Annual Letter of Commitment for Paducah Main
Street (MO 4 2041)
November 28, 2017
Commissioner Holland offered motion, seconded by Commissioner Abraham, that the items on
the Consent Agenda be adopted as presented.
Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, and Mayor Pro
Tem Wilson (4).
MUNICIPAL ORDER(S)
AMEND SOLID WASTE FEES
Commissioner Abraham offered motion, seconded by Commissioner Holland, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING THE SCHEDULE OF FEES AND
CHARGES FOR SOLID WASTE PICK UP PURSUANT TO THE SOLID WASTE
ORDINANCE, CHAPTER 94, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY," be adopted.
Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, and Mayor Pro
Tem Wilson (4). (M.0.42046; BK 10)
ORDINANCES) — ADOPTION
AMEND 911 ORDINANCE TO ALLOW THE CITY TO AUDIT TELEPHONE
COMPANIES FOR COMPLIANCE WITH THE CITY'S FEE PROVISIONS
Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING THE 911
ORDINANCE FOR PURPOSES OF ALLOWING THE CITY TO AUDIT TELEPHONE
COMPANIES FOR COMPLIANCE WITH THE CITY'S FEE PROVISIONS." This Ordinance
is summarized as follows: The City hereby amends Chapter 2, Article V, Division 6, 911
Communications Services of the Paducah Code of Ordinances, allowing the City to audit
telephone companies for compliance with the City's fee provisions and sets out penalties as
follows:
Sec. 2-329 — Penalties
Any person and/or entity in violation of the provisions of Sec. 2-327(a) or (b)
shall be subject to a penalty equal to five percent (5%) of the total fees due for
each day or fraction thereof that the fees for services is late.
Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, and Mayor Pro
Tem Wilson (4). (ORD.#2017-11-8505; BK 35)
COMMENTS
COMMENTS FROM THE CITY MANAGER
City Manager Pederson
o Announced the 432 Broadway Pocket Park Project will be going out for bid in January
2018
o Bid Opening for the City Hall Phase I will be November 3, 2017, at 2:00 p.m.
BID FOR ENGINEERING -PUBLIC WORKS DEPARTMENT
Two Diesel Dump Trucks With Snow Plows and Salt Spreaders
1. TAG Truck Center
II(C)I
Personnel Actions
II(C)2
A MUNICIPAL ORDER ACCEPTING GRANT FUNDS FROM DELTA REGIONAL
AUTHORITY FOR A DELTA CREATIVE PLACEMAKING INVESTMENT
PROGRAM GRANT IN THE AMOUNT OF $20,000 FOR THE MARKET HOUSE
THEATRE'S NEXT STAGE CAMPAIGN, AND AUTHORIZING THE MAYOR TO
EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS RELATING TO
SAME (M.O.#2044; BK 10)
II(C)3
A MUNICIPAL ORDER ACCEPTING THE BID OF TAG TRUCK CENTER FOR
SALE TO THE CITY OF TWO (2) NEW DIESEL DUMP TRUCKS WITH SNOW
PLOWS AND SALT SPREADERS FOR USE BY THE PADUCAH ENGINEERING
PUBLIC WORKS DEPARTMENT STREET DIVISION AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR SAME (M.O.#2045; BK 10)
Commissioner Holland offered motion, seconded by Commissioner Abraham, that the items on
the Consent Agenda be adopted as presented.
Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, and Mayor Pro
Tem Wilson (4).
MUNICIPAL ORDER(S)
AMEND SOLID WASTE FEES
Commissioner Abraham offered motion, seconded by Commissioner Holland, that a Municipal
Order entitled, "A MUNICIPAL ORDER AMENDING THE SCHEDULE OF FEES AND
CHARGES FOR SOLID WASTE PICK UP PURSUANT TO THE SOLID WASTE
ORDINANCE, CHAPTER 94, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY," be adopted.
Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, and Mayor Pro
Tem Wilson (4). (M.0.42046; BK 10)
ORDINANCES) — ADOPTION
AMEND 911 ORDINANCE TO ALLOW THE CITY TO AUDIT TELEPHONE
COMPANIES FOR COMPLIANCE WITH THE CITY'S FEE PROVISIONS
Commissioner Holland offered motion, seconded by Commissioner Abraham, that the Board of
Commissioners adopt an Ordinance entitled, "AN ORDINANCE AMENDING THE 911
ORDINANCE FOR PURPOSES OF ALLOWING THE CITY TO AUDIT TELEPHONE
COMPANIES FOR COMPLIANCE WITH THE CITY'S FEE PROVISIONS." This Ordinance
is summarized as follows: The City hereby amends Chapter 2, Article V, Division 6, 911
Communications Services of the Paducah Code of Ordinances, allowing the City to audit
telephone companies for compliance with the City's fee provisions and sets out penalties as
follows:
Sec. 2-329 — Penalties
Any person and/or entity in violation of the provisions of Sec. 2-327(a) or (b)
shall be subject to a penalty equal to five percent (5%) of the total fees due for
each day or fraction thereof that the fees for services is late.
Adopted upon call of the roll, yeas, Commissioners Abraham, Holland, Rhodes, and Mayor Pro
Tem Wilson (4). (ORD.#2017-11-8505; BK 35)
COMMENTS
COMMENTS FROM THE CITY MANAGER
City Manager Pederson
o Announced the 432 Broadway Pocket Park Project will be going out for bid in January
2018
o Bid Opening for the City Hall Phase I will be November 3, 2017, at 2:00 p.m.
November 28, 2017
Parks Director Mark Thompson
o The Parks and Recreation Center along with Yeiser Art Center will be sponsoring the
Candy Cane Hunt this Saturday at 1:00 p.m. on the Luther F. Carson Four Rivers Center
lawn.
o Christmas Parade will also be this Saturday at 5:00 p.m. beginning at 146 Street and
Broadway and traveling downtown and turning left at 2nd Street. It will disband at 2nd
and Monroe. The theme this year is, "Let It Glo, Let It Glo, Let It Glo". Merryman
Kemp has been chosen to be the Grand Marshal.
COMMENTS FROM THE BOARD OF COMMISSIONERS
Commissioner Holland commented that the Commission/Management retreat held to develop
commission priorities for the City on November 14 and 15 was very clarifying for her. She is
still very committed to communications with citizens. She asked for citizen input for goals and
priorities for the City for the next 10 to 20 years. She can be contacted by email or facebook.
COMMENTS FROM THE AUDIENCE
Donald McNeil, resident, expressed his disagreement with the City using taxpayer monies to
maintain Martin Luther King, Jr. Memorial. The City has been maintaining the privately owned
property since 2002 at a cost of approximately $30,000.
ADJOURN
Mayor Pro Tem Nilson offered motion, seconded by Commissioner Holland, to adjourn the
meeting. All in favor.
Meeting ended at approximately 6:07 p.m.
ADOPTED: December 12, 2017
City Clerk
Mayor
December 12, 2017
DOCUMENTS
1. Certificate of Liability Insurance for Comcast of Paducah, Inc.
2. Contracts/Agreements:
a. Franchise Extension Agreement with Comcast Cable (ORD # 2017-11-8504)
b. Agreement with TAG Truck Center for the purchase of 2 Diesel Dump Trucks
(MO # 2045)
3. Paducah Water Works Financial Highlights for October 2017
4. Barkley Regional Airport Authority Financial Statements for Years ended June 30, 2017
& 2016
5. Paducah McCracken County Joint Sewer Agency Financial Statements for Years ended
June 30, 2017 & 2016
6. Paducah Junior College Financial Statements for Year Ended June 30, 2017
CITY OF PADUCAH
December 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.
Date
CI l Y OF PADUCAH
PERSONNEL ACTIONS
December 12, 2017
FIRE - SUPPRESSION
Johnson, David M.
Fire Fighter/ Relief Driver
EPW - STREET POSITION
RATE
NCS/CS
FLSA
EFFECTIVE DATE
Woodfork, Forrest ROW Maintenance Person
$16.44/Hr.
NCS
Non -Ex
January 4, 2018
Johnson, David M.
Acting Fire Lieutenant
Fire Fighter/ Relief Driver
NCS
Non -Ex
November 25, 2017
$16.77/Hr.
$15.33/Hr.
POSITION
RATE
NCS/CS
FLSA
EFFECTIVE DATE
PARKS SERVICES
NCS
Non -Ex
November 23, 2017
Hyde, Margarita Recreation Leader- Class Instructor
$17.00/Hr.
NCS
Non -Ex
January 3, 2018
Renaud, Suzi Recreation Leader- Class Instructor
$17.00/Hr.
NCS
Non -Ex
January 3, 2018
A OLL'ADJUSTMENTS. RANSFERS/PROMOTIONSffEMPO RYASSIG MENTS;
;h,,
PREVIOUS POSITION
CURRENT POSITION
NCS/CS
FLSA
EFFECTIVE DATE
AND BASE RATE OF PAY
AND BASE RATE OF PAY
FIRE - SUPPRESSION
Johnson, David M.
Fire Fighter/ Relief Driver
Acting Fire Lieutenant
NCS
Non -Ex
October 22, 2017
$15.33/Hr.
$16.77/Hr.
Johnson, David M.
Acting Fire Lieutenant
Fire Fighter/ Relief Driver
NCS
Non -Ex
November 25, 2017
$16.77/Hr.
$15.33/Hr.
Dalbey, Caleb M.
Fire Fighter/ Relief Driver
Fire Lieutenant
NCS
Non -Ex
November 23, 2017
$15.45/Hr.
17.77/Hr.
Bell, Paul
Fire Lieutenant
Fire Captain
NCS
Non -Ex
November 23, 2017
16.88/Hr.
$17.98/Hr.
PARK SERVICES
Boyarski, Zachary P.
Administrative Assistant II
Administrative Assistant II
NCS
Non -Ex
December 21, 2017
$13.1 111-1r.
$13.57/Hr.
Henson, Jared W.
Recreation Leader
Recreation Leader
NCS
Non -Ex
January 1, 2018
11.20/Hr.
11.36/1-1r.
Bogard, Jason R.
Recreation Leader
Recreation Leader
NCS
Non -Ex
January1, 2018
11.20/Hr.
11.36/Hr.
Tyler, Robert L.
Recreation Leader
Recreation Leader
NCS
Non -Ex
January1, 2018
11.20/Hr.
11.36/Hr.
Byrd, Jesse P.
Recreation Leader
Recreation Leader
NCS
Non -Ex
January 1, 2018
11.20/Hr.
11.36/Hr.
Lesniewski, Lawrence P.
Recreation Leader
Recreation Leader
NCS
Non -Ex
January 1, 2018
11.00/Hr.
11.16/Hr.
Planning
Winchester, Melinda R.
Downtown Development Sp.
Downtown Development Sp.
NCS
Non -Ex
March 30, 2017
$27.54/Hr.
$28.37/Hr.
Agenda Action Form
Paducah City Commission
Meeting Date: December 12, 2017
Short Title: Upper Story Residential Grant Program Application for 6 Units
Ordinance Emergency ❑ Municipal Order X Resolution ❑
Staff Work By: Melinda Winchester
Presentation By: Tammara Tracy
227 Broadway
Map #1
Background Information:
The intent of this agenda item is to approve an application for Upper Story Residential
grant funds in the amount of $90,000. The program allows property owners within a
defined area (Map#1) to apply for financial assistance that shall not exceed 20% of the
construction costs or a maximum of $15,000.00 per Upper Story Residential Rental
Unit. URCDA has the authority to approve all multi -unit projects that do not exceed
$60,000.00 in Upper Story Residential Grant funds. Projects in excess of $60,000.00 of
Upper Story Residential Investment Grant funds will be forwarded to the City
Commission for approval. URCDA reviewed the application on November 27, 2017 and
recommends approval of the application.
Staff Recommendation:
Staff recommendation is that the Upper Story Residential Grant application be
approved.
Funds Available
Motion:
Attachments:
Account Name: Upper Story Residential Grant Program
Account Number: DT0033
I
in nce
URBAN RENEWAL AND COMMUNITY DEVEOPMENT AGENCY
MINUTES
November 27, 2017- 4 PM
A regular meeting of the Urban Renewal and Community Development Agency was
held on Tuesday, August 1, 2017 at 4 PM at City Hall, in the Commission Chambers
Conference Room.
Members Present
Valerie Pollard, Chair
Bob Wade, Vice Chair
Calvin Shanks
Members Absent
Jipaum Askew Robinson
Kerri Bonner
Staff Present
Charles Doherty, Community Dev. Planner
Nancy Upchurch, Executive Assistant
Guests Present
CALL TO ORDER: Chair Pollard called the meeting to order at 4:03 PM.
CONSIDERATION OF MINUTES FOR THE PREVIOUS MEETING:
Motion No. 1: Member Wade made a motion to accept the minutes of the August 1,
2017 meeting with corrections. Member Shanks seconded.
APPROVED: Yea: Pollard, Wade, Shanks. Nay: None
A written
update was distributed, copy
Doherty reviewed the highlights.
UPPER STORY GRANT APPLICATIONS: 133 Market House Square
Staff presented a proposal from Centurion Development for the renovation of 4 upper
story units at 133 Market House Square. Member Wade did not find a Certificate of
Authority from the Secretary of State for the company to do business in Kentucky.
Motion No. 2: Member Wade made a motion of provisional approval for
recommendation to the City Commission, the application from Centurion Development.
Conditional approval based upon the company providing proof of Authority to do
Business in Kentucky. Member Shanks seconded.
APPROVED: Yea: Pollard, Wade, Shanks. Nay: None
MEETING ADJOURNED: 4:35 PM
Respectfully submitted:
wal'V17 Z n" cC4
1
STAFF REPORT
November 7, 2017
URBAN RENEWAL AND
COMMUNITY DEVELOPMENT AGENCY
Regular Meetin¢
Subject:
Application for Upper Story Residential Funds — 6 Units
Address:
227 Broadway
Status:
In Progress
227 Broadway
Ordinance No. 2014-8-8169 was established approving The Upper Story Residential Grant
Program to encourage the development of residential rental units in Historic Downtown Paducah.
(See Attached Ordinance). Eligible Projects must meet the program parameters as detailed in
ordinance. If multiple applications are received, the URCDA will review rankings in accordance
with the following criteria:
a. Total private investment of residential rehabilitation project — 25%
b. Contributing structure on the National Register of Historic Places- 25%
c. Rehabilitation in compliance with the Secretary of Interior Standards- 25%
d. Capital commitment of owner to rehabilitate remaining structure (fagade, roof, retail
space)- 25%
URCDA has the authority to approve all multi -unit projects that do not exceed $60,000 in an
Upper story Residential Grant funds. Projects in excess of $60,000 must be forwarded to the City
Commission for approval.
Staff Analysis:
The application was submitted by Centurion Development, LLC owner of 227 Broadway. The
building was purchased in July of 2017. This building is proposed to undergo a complete
rehabilitation with a total investment in this property projected to be $ 778,800. The scope of
work includes six residential units on the upper floors, a commercial unit on the main floor and it
includes the construction requirements mandated by State Code for mixed use developments as
relates to fire code standards and regulations. (See attached floor plans)
Staff Recommendations: Staff requests that the URCDA Board recommend provisional City
Commission approval pending submission of the final receipts, lien waivers and a final walk
through of the property to verify materials and completion. The provisional amount approved
will equal 20% of the building permit or total receipts verified at the completion of the project
whichever is the lesser of the two. Total allocation will not be more than $15,000 per residential
unit which is estimated to be $90,000.
209206
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY,
CONDITIONALLY APPROVING THE APPLICATION OF CENTURION
DEVELOPMENT, LLC FOR A UPPER STORY RESIDENTIAL GRANT
RELATING TO THE REAL PROPERTY LOCATED AT 227 BROADWAY,
PADUCAH,KENTUCKY
WHEREAS, previously the City adopted and implemented the Upper Story Residential
Grant Program (the "Grant Program") as set forth in Sections 34-151 through 34-156 of the Code
of Ordinances of the City of Paducah and committed funds to be awarded to eligible applicants
to promote the occupancy of vacant unused residential space within historic buildings located
within the Historic Downtown area; and
WHEREAS, Centurion Development, LLC, a Missouri limited liability company
("Applicant") is the owner of a historic building located at 227 Broadway in the Paducah
Historic Downtown area and has submitted an application under the Grant Program for the
rehabilitation of six (6) upper story residential units; and
WHEREAS, the Urban Renewal and Community Development Agency for the City of
Paducah has reviewed the application and by motion adopted on November 27, 2017, makes its
recommendation to the City Commission for the City's conditional approval of the Applicant's
application and the award of grant funds in an amount not to exceed 20% of the rehabilitation
cost per residential unit with a maximum cap of $15,000.00 per residential unit.
NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION OF THE CITY
OF PADUCAH, KENTUCKY, AS FOLLOWS:
Section 1. Recitals and Authorization. The City hereby conditionally approves the
Applicant's application under the Grant Program and the award of grant funds in an amount not
to exceed 20% of the rehabilitation cost per residential unit with a maximum cap of $15,000.00
per residential unit. The City's conditional approval is based upon the commitments and
agreements of Applicant as expressly set forth in its application which includes, without
limitation, the Applicants commitment and agreement to complete the rehabilitation in
accordance with and to comply with all requirements of the Grant Program. Grant funds shall be
disbursed in accordance with the requirements of the Grant Program. Expenditures for the
project shall be charged to the DT0033 Upper Story Residential Grant Program Account.
Section 2. Severability. If any section, paragraph or provision of this Order 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 Order.
Section 3. Compliance With Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Order 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 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with
the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions
of this Order shall prevail and be given effect.
Section 5. Effective Date. 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.
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, December 12, 2017
Adopted by the Board of Commissioners, 2017
Recorded by City Clerk, 2017
mo\upper story grant - centurion development - 227 Broadway
� ME
mill
IIIMIINII
IIMIMIII
MIMIM
MIIIIIMII
lil I=ill
HOW TO REQUEST ASSISTANCE
x014 'g -(a \60w
Please read the attached Ordinance # , complete this application, and return it to
the City of Paducah Department of Planning located at 300 S. 5t' Street, Paducah, KY. This
Information will provide staff with the information needed to determine your eligibility.
Upper Story Residential Grant Application
Applicant
Applicant:
Property Address: 0�9 % m4•
Melling Address (Ifdfiferent):
utyCnde� A62�.�rJ State r�'Z?tj Zip Code
®j=rY.t
Telephone Numbers: fie: (x"73)
Mobile:,i( �3) L-r—O ® . —66 a
Fax: (.L %3 1 (.Y .P1 f eP
E-mail Address:_ e ids,f� SG6�. e -a
Property Information
Address of property where Improvements will be made:
Current use of buildino or lot
Proposed use of building including # of residential
units: C'cw .�a ra �,n✓ 1� �. �_�%!�� _ P� u,;, r„�< e �.P�
Name of contractor? s"r
Is this address located within the Project Area (Map #t)7 A Yes ® No
Is the structure a contributing structure within the Downtown Historic District ,&Yes ® No
For verification contact the Department of Planning @ 444-8890
Do you own the property? fia� Yes (Please attach a copy of your deed) ❑ No
Are the property taxes paid up to date? �' Yes EJNo
Are there any current code violations pending on the property? ❑ Yes ❑ No
H you checked yes, please attach a copy of the Inspection Depertment s report to this applk ation.
Do you have property Insurance? ;4 Yes ❑ No
In an attached letter please explain the project and the capital commitment. by the owner to
rehabilitate the remaining structured needed.
Visual Description of the Structure
NOTE: Please attach photographs or photocopies of the property that clearly show the physical
conditions that need repair. Below or attached please describe the rehabilitation plan.
The following documentation MUST be submitted with your application or It cannot be
processed.
ao ssA current list of ownerstpartners or officers/directora who have ownership In the property.
s-o&py of property Dead
® Copy of Insurance Policy
�41olyd Party Estimates of work to be done from a qualified contractor.
a --Proof of financial ability to complete 100% of Upper Story Residential project. The grant
shall be a reimbursement of up to 20% of rehabilitation costs and shall not exceed
. 515,000 per residential unit.
K®Rehabilitation plans
APPLICANT ACKNOWLEDGEMENT OF UNDERSTANDING
I certify that all statements on this application are true and correct to the best of my/our
knowledge,i Btu below, means that I have read the Upper Story Residential Grant
OrdinanceWASm M nd that I understand the City's program. I hereby grant permission
for the City of Paducah to verify the information supplied on my application.
I understand that this program Is funded by the City of Paducah and funds and resources may
or may not be available on a yearly basis. Therefore, by signing this application, I understand
there is no guarantee of grant funds being made avallabie.
I understand that the City of Paducah will review all applications and further reserves the right to
approve or deny any application.
I agree to allow the City of Paducah to use illustrations, photographs, and/or other images of
this project for reports, publications and advertisements both print and electronic.
I have read, understand and agree to all requirements within Ordinance *2014-08-8169 Upper
Story Residential Program.
icant Signature Da
Company
Submissions are to be made to:
Steve Ervin, Director of Planning
300 S. a Street
P.O. Box 2267
Paducah, Kentucky 42002-2287
Tel (270) 444-8890
a
227 Broadway, Paducah, Ky
Units
Cost Per
Amount
Estimated costs
Unit
Building Purchase
$
85,000.00
Builder Fee
01- General Requirements
Supervision
Mileage
Meals
Per Diem
General Liability Insurance
1
$
2,500.00
Printing
Supplies
Temporary Job Toilets
1
$
.1,000.00
Small Toots
Building Permit
1
$
3,200.00
Temporary Utilities
1
$
2,800.00
Dumpster Pulls
1
$
15,500.00
Clean Up and Misc tabor
1
$
4,500.00
Storage Unit on site
Office Trailer Pull in/out
Office Trailer on site
Equipment Rental
1
$
15,000.00
Project Sign
First Aid Kits
Final Clean
1
$
1,BDD.00
02 - Existing Conditions
Site work
Demo
1
$
28,000.00
Earthwork
Storm Drainage
Site Utilities
Soil Treatment - Termite Control
Landscaping
03 - Concrete
Concrete Bid
Add for concrete for,light bases
Bollards
Bollards installed
Concrete Dumpster Area
Exterior Concrete - Patio
Concrete: Slab on Grade
Sealer
Sidewalks and Handicap ramps
1
$
3,300.00
Asphalt Paving
Concrete Bumper Blocks
Foundation repair
Foundation waterproofing
Foundation stabilizing
04 - Masonry
Exteridr Brick
Interior Brick
Interior Thin Brick
Exterior Cast Stone/Ledges
05 - Metals
Roof Ladder
Grab Rails
Guard Rails
Steel Support Structure
Steel Erection
O6 - Wood, Plastics and Composites
Wood Framing
Interlor Walls
Lumber
Blocking
Interior woodwork/trim
Install woodwork
07 -Thermal & Moisture Protection
Membrane Roofing
Sheet Metal/Curbs
Roof Penetration
Fire stopping
Gutters and Downspouts
Coping, Flashing and Trim
Caulking
08 - Openings
Exterior Doors
Interior Doors
Frames for Doors
Finish Hardware for All Doors
Install all doors and hardware
Storefront System
Windows
Window Treatment
Overhead doors
1 $ 27,500.00
1 $ 4,500.00
1 $ 1,400.00
1 $ 4,800.00
1 $ 4,000.00
1 $ 47,000.00
1 $ 4,500.00
1 $ 6,000.00
1 $
2,500.00
1 $
3,400.00
1 $
1,800.00
1 $
2,000.00
1 $
2,800.00
1 $
4,800.00
1 $
4,500.00
1 $
1,500.00
1 $
4,300.00
2 $
8,700.00
1 $
20,000.00
1 $
2,400.00
09- Finishes
Drywall, Hang, finish
Plastering
Metal Framing
Suspended Ceiling
EFTS
Wall/floor Insulation
Ceiling Insulation
Insulation Sound Blanket
FRP
Paint Exterior
Paint Interior walls
Dryfall
Paint Interior trim/doors
Staining/Poly
Paint Parking Lot and Entrance
Ceramic The
Hardwood
Refinishing
Concrete polishing and finish
Cabinets and tops
10 - Specialties
Bathroom Partitions
Bathroom Accessories
Install Bathroom Partitions and Accessories
Wall and Corner Guards
Dumpster Enclosure
Patio Fencing
Paneling Installation
In and Out signage
Shelving
Surveillance
15.3 - Fire Protection
Fire Extinguishers & Cabinets
Sprinkler System
Sprinkler service line
Ansul System
15.4 - Plumbing'
Plumbing fixtures
Plumbing
City water tap fees
City sewer tap fees
Water service line
1
$
45,000.00
1
$
2,500.00
1
$
4,000.00
1
$
9,000.00
1
$
8,000.00
1
$
6,000.00
1
$
2,800.00
1
$
61000.00
1
$
4,000.00
1
$
4,500.00
$
2,000.00
1
1
$
8,000.00
1
$
15,000.00
1
$
15,000.00
1
$
8,000.00
1
$
40,00D.00
1 $ 1,500.00
1 $ 200.00
1 $ 2,000.00
i $ 4,000.00
1 $ 2,200.00
1 $ 38,000.00
1 $ 10,000.00
1 $
18,500.00
1 $
28,000.00
1 $
1,200.DO
1 $
1,400.00
1 $
4,000.00
Sewer service line 1 $ 6,000.00
15.5 - HVAC/Mechanical
Heating, Ventilating, Air Conditioning 1 $ 68,000.00
Gas Lines
Gas service line
16 - Electrical
Electrical 1 $ 55,000.00
Exterior Light Fixtures 1 $ 2,400.00
Interior Light Fixtures 1 $ 5,600.00
17 -Elevator 1
19 -Fre rated staircases 2 $ 20,000.00
20-FF&E 1 $ 5,000.00
21 -Signage $ 5,000.00
TOTAL $ 778,800.00
$300,000
DnmAW6 Va!ua;lnn Company
227 Eim=dway
DOC."JnS VSILIBbO r COMPanY
227
.r,IGAg:Jere:�ric+llr.ijIsFaserved
Fags 2 ;f
m
RECORDATION
REQUESTED BY:
FIRST MIDWEST BANK OF
DEXTER
JACKSON FACILITY
2318 E JACKSON BLVD
JACKSON, MO 53765
WHEN RECORDED MAIL
T0:
FIRST MIDWEST BANK OF
DEXTER
JACKSON FACILITY
2319 EJACKSON BLVD
JACKSON. MO 63766
T• a EFU a
MAXIMUM LIEN. The lion of this Mortgage shall not exceed at any one time $660,000.00,
MATURITY DATE. The maturity date of the Note Is July 7, 2018.
THIS MORTGAGE dated July 7, 2017, is made and executed between CENTURION
DEVELOPMENT, LLC, A MISSOURI LIMITED LIABILITY COMPANY, whose address Is 112 S.
BROADVIEW ST, CAPE GIRARDEAU, MO 63703 {referred to below as "Grantor") and FIRST
MIDWEST BANK OF DEXTER, whose address Is 2319 E JACKSON BLVD, JACKSON, CAPE
GIRARDEAU County, MO 63766 (referred to below as ",Lender"),
GRANT OF MORTGAGE. For valuable consideration, Groittor mortgages, grants, and conveys to Lender with covenant
of GENERAL WARRANTY a security interest In and Ilen on all of Grantor's right, title, and interest in and to the
following described real property, together with all existing or subsequently erected or affixed buildings, Improvements
and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights
(Including stock In utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real
F
Includingwithout limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property")
located in MCRACKEN County, Commonwealth of Kentucky:
See EXHIBIT A, which Is attached to this Mortgage and made a part of this Mortgage as if
fully set forth herein.
The Real Property or Its address la commonly known as 227 BROADWAY ST, PADUCAH, KY
42001,
INFORMATION REQUIRED BY KRS 382.290. The source from which Grantor derived title to the Real Property or the
Interest encumbered herein is as follows: MCMURRY ✓§ LIVINGSTON, PLLC.
Grantor presently assigns to Lender all of Grantor's right, title, and interest In and to all present and future leasee of the
Property and all Renta from the Property. In addition, Grantor grants to Lender a Uniform Commarctel Code security
Interest in the Personal Property and'Renm.
NATURE OF INDEBTEDNESS. The Indebtedness secured by this Mortgage is not a "line of credit' pursuant to KRS
382.386.
FUTURE ADVANCES.. In addition to the Note, this Mortgage secures all future advances made by Lender to Grantor
whether or not the advances are mads pursuant to a commitment. Specificeily, without limitation, this Mortgage
aacY
AND
LIVINGSTON. PLLC
A7TL11 IAM AT LAW
P.O. wx ITS
PADUCAK KY
AM=
---- DEED.._.
THIS DEED OF CONVEYANCE made and entered into on this the V day of
July, 2017, by and between PROSMELD INSURANCE GROUP, LLC SERIES NO.
15, a Delaware @mated babitity company, of 2313 W. 2200 3., Syracuse, UT 84075,
Grantor~ and CENTURION DEVPILOPNMNT, LLC, a KeniWW Ilmhad HaNky
empm, of {11.x. &oAdM&f5r LoE 64w A"ofeA&A 63703
Grantee (in whom care the state and cou* tax bill for the aforesaid calendar year may be
- 'ai Ilii«��.: . .S'. lo. .1-, ..•>r. it :n • - .s.
I t.l l •1 tiff l 1' 1 tiC { 41 `i< l Il'K' I: .i:' 1 - � .} %' P. � � ::' 1 %I hJ, f ' � 1 f1
•! i l w Y. a.. i ::1 'J 1 i'1:' 1 .'.H f:' ! .` .. I .1 1'I i' I
i. CI ll -•� ' '.'1'!T. `< %l !. 11 ! I .f'1, :1 1 I 1;1D ..'
,140
a 111441M."(11,
Beim in all respects the same property conveyed to Prosbield Insurance
Group, LLC Riles No. 15, a Delaware limited liability company, by dead
dated May 1, 2015, and recorded May 6, 2015, in Dead Hook 1300, page
426, McCracken County Clerk's Office.
• -li • -• 1 lC 1 . • 1....'e x 1..�•. 11 .I
improvements thereon and all rights, ememcarts, and appurwnmm thereunto in anywise
.n.a, .T. 11 1 .,:Xt :.1 :f. ti ..`. nt:. c: l . e K
The Grantor covenants to and with the Gram that it is veil and truly seized of the
lea simple title to the heaeiu-described psoperty, and does make Us conveyance under
1! .. [..•: •. L .. �.l'.'1 16' 4 . 1� t .L(1` p . rtil: 1 . x'•.: i 'Y A !L` ' 1'Y ` 'i i :.:
eii`TT,p
1- 1`'.•-.. KI":.• lel �' :.'..1'.L t'.n'rx r, .F >.e a i. 1.
STATEOF
COUNTY OF �R )
The foregoing Deed and Consideradon Cadli A was subscribed, mom to, and
admowlodged before me by the Granter, PROSHEL D INSURANCE GROUP, LLC
S1CR?8 NO. 15, A Daleware Kni ted #abRity �paay, by and thro mitts
4i1a Zoh n I
()9
on this the day of July, 2017.
• ��'' iS�37i
a Kentucky
MNT, LLC,
company
G11-"
STATE OF Missouri )
COUNTYOF Cane GirarSeau )
The foregoing CO Wdcration Cerdfioate was subscaibed, •. sworn to, and
aftowledged before me by the Grantees, Jason Coalter and Dustin Richardson,
Managers; of Centurlan Development, LLC, a Kentuolq 1{invited llaUlty company, on
this the 6th day of July, 2017.
Law Fftm
McMuny & Livingston, PLLC
P. 0. Box 1700
PadUcW4 KY 42002-1700
BY:
�ZAC11 ohA3I1 Ai i
�.
File Na.
DOCUMEN'rNOIT4268
RECORDEMUY 94,=7 MORM PM
TOTAL FEESIMM TRANSFER TAX,M.00
COUNTY CLMK JULIE GRKM
DEPUTY CLERK: STACEY REA
COUNTY: MOCRACKEN COUNTY
BOOK D13C PAOSS: M - f$1
IFA
AN XYNIWd'Av WOU91
EM(ninsml�kd iINd9l �i'N o
litil
ap6tIPH iflci a I VOJNOLLMN EV H ,I
h '
ML _ __ 14111■IIIIIII$II
�%1 WwWrts� a
N
1. TITLE OF DOCUMENT:
2. DATE OF DOCUMENT:
3. GRANTOR(S):
4. GRANTEE'S):
S. STATUTORY MAILING ADDRESS(ES):
B. LEGAL DESCRIPTION:
Deed of Trust.
July 7, 2017
CENTURION DEVELOPMENT, LLC
FIRST MIDWEST BANK OF DEXTER
GRANTOR'S ADDRESS:
112 S. BROADVIEW ST, CAPE GIRARDEAU, MO 63703
GRANTEE'S ADDRESS:
JACKSON FACILITY, 2319 E JACKSON BLVD, JACKSON,
MO 63755
RECORDATION REQUESTED BY:
FIRST MIDWEST BANK OF DEXTER, JACKSON FACILITY,
2319 E JACKSON BLVD, JACKSON, MO 63755
WHEN RECORDED MAIL TO:
FIRST MIDWEST BANK OF DEXTER; JACKSON FACILITY,
2319 E JACKSON BLVD, JACKSON, MO 63765
Legal description of the property is set out In EXHIBIT A.
7. REFERENCE BOOK AND PAGE(S):
DEED OF TRUST
WITH FUTURE ADVANCES AND FUTURE OBLIGATIONS
GOVERNED BY SECTION 443,055 RSMO
THE TOTAL PRINCIPAL AMOUNT OF ALL OBLIGATIONS SECURED IS $20,400.00
MAXIMUM LIEN. The total principal amount of obligations at any one time which Is secured by this
Deed of Trust, in addition to any interest and any amounts advanced by Lender for the protection of the
security Interests granted herein, Is $20,400.00. This Deed of Trust, Including any advances as
described above, shall be governed by all provisions of Section 443.055 of the Revised Statutes of
Missouri In effect as of the date of this Dead of Trust.
THIS DEED OF TRUST Is dated July 7, 2017, among CENTURION DEVELQPMENT, LLC, A MISSOURI
LIMITED LIABILITY COMPANY, whose address Is 112 S. BROADVIEW ST, CAPE GIRARDEAU, MO
63703 ("Grantor"), FIRST MIDWEST BANK OF DEXTER, whose address Is JACKSON FACILITY, 2319
E JACKSON BLVD, -JACKSON, MO 83755 ("Grantee`, referred to below sometimes as "Lender" and
sometimes as "Bensflciary"); and BRUCE LAWRENCE, whose address Is 250 S KINGSHIGHWAY
SIKESTON, MO 63801 (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby grant, bargain, sea, convoy and confirm unto the
Trustee for the benefit of Lander me Beneficiary the following described reel property, together with all existing or subsequently
erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights
and ditch rights (including stock In utilities with ditch or Irrigation rights); all proceeds (including Insurance proceeds); and all other
rights, royaitles, and profits relating to the real property, Includin without limitation all minerals, oil, gas, geothermal and similar
matters, Ithe "Real Property") located In CAPE GIRARBEAU County, State of Missouri:
See EXHIBIT A, which Is attached to this Deed of Trust and made a part of this Deed of Trust as if
fully set forth herein.
The Real Property or its address Is commonly known as 809 PERRY AVE, CAPE GiRARDEAU, MO
63701 and 915 FORT ST„ CAPE GIRARDEAU, MO 63701,
FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender. to Grantor whether
or not the advances are made pursuant to a commitment, Specifically, without limitation, this Deed of Trust secures, In addition
to the amounts specified In the Note, all future obligations of Grantor to Lender and all future amounts Lender in its dlacretion
may loan to Grantor, together with all Interest thereon; however, in no event shall ouch future advances and obllgatlons
(excluding Intara t) exceed In the aggregate 820,400.00, .
Grantor presently assigns to Lander (also known as Beneficiary In this Deed of Trusts all of Grantor's right, title, and Irdarest In
and to all present and future leases of the Property and all Rents from the Prdperty. In addition, Grantor grants to Lender e
Uniform Commercial Code security interest In the Personal Property and Rents.
THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS IS GIVEN TO SECURE (Al PAYMENT OF THE
INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS,
AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: THIS DEED OF
TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts
secured by this Deed of Trust as they become due, and shall atrlctiy and in a timely manner perform all of Grantor's obligations
under the Nota, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shell
be governed by the following provisions:
,Possession end Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the
Property; 12) use, operate or manage the Property; and (3) collect the Rents from the Property, .,
Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements,
and maintenance necessary to preserve its value.
Compliance With Environmental Laws, Grantor represents end warrants to Lender that: (1) During the period of Grantor's
ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no
knowledge of, or reason to believe that there has been, except ea previously disclosed to and acknowledged by Lander In
writing, (a) any breech or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment,
disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior
owners or occupants of the Property, or (c) any actual or threatened lWgatlon or claims of any kind by any person relating
Page 1
DEED OF TRUST
Loan No: 1093552 (Continued) "
to such matters; and .13) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Grantor nor
any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose
of or release any Hazardous Substance on, under, about or from the Property; and MI any such activity shall be conducted
in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
Environmental Laws. Grantor authorizes Lender and its agents to enteP upon the Property to make such Inspections and
toots, at Grantor's expense, as Lander may deem appropriate to determine compliance of the Property with this section of
the Deed of Trust. Any Inspections or teats made by Lender shall be for Lender's purposes only and shall net be construed
to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and
warranties contained herein are based on Grantor's due diligence In Investigating the Property for Hazardous Substances.
Grantor hereby (1) releasee and waives any future claims against Lender for Indemnity or contribution In the avant Grantor
becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify, defend, and hold harmless
Lender against any and all claims, losses, liabilities, damages, 'penalties, and expenses which Lender may directly or
Indirectly austaln or Puffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's_ ownership or interest In
the Property, whether or not the same wan or should have been known to Grantor. The provisions of this section of the
Deed of Trust, Including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the
sstisfaction and reconveyance of the' lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
Interest In the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shell not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or
waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not
remove, or grant to any other party the right to remove, any timber, minerals (Including oil and gas), coal, clay, acoria, sail,
gravel or rock products without Lender's prior written consent.'
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Reel Property without Lender's
prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make
arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Proberty at all reasonable
times to attend to Lender's interests and to Inspect the Real Property for purposes of Grantor's compliance with the terms
and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations,
now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Property, Including
without Ilmitedon, the Americans With Disabilities Act, Grantor may contest In good faith any such law, ordinance, or
regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notified
Lender In writing prior to doing so and so long as, In Lender's sole opinion, Lender's interests In 1h Property are not
Jeopardized. Lender may require Grantor to poet adequate security or a surety bond, reasonably satiafeetory to Lender, to
protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, In
addition to those acts set forth above In this section, which from the character and use of the Property are reasonably
necessary to protect and preserve the Property,
DUE ON SALE - CONSENT By LENDER. Lender may, at Lender's option, decisre immediately due and payable ail.sums secured
by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or
any interest In the Anal Property. A 'sale or transfer' means the conveyance of Real Property or any right, title or Interest in the
Real Property; whether legal, beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, dead; Installment
.sale contract, land cogtract, contract for deed, lesashold interest with a term greater than three 13) years, lease -option contract,
or by sale, assignment, or transfer of any beneficial Interest in or to any land trust holding title to the Real Property, or by any
other, method of conveyance of an Interest In the Real Property. If any Grantor Is a corporation, partnership or limited liability
company, transfer also Includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership
Interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised
by Lender if such exercise Is prohibited by federal law or by Missouri law.
TAXES AND LIENS. 'The following provisions relating to the taxes and Irene on the Property are part of this Deed of Trust:
Payment. Grantor shall pay when due (and In all events prior to delinquency) all taxes, special taxes, assessments, charges
(Including water and newer), fines and impositions levied against or on account of the Property, and shall pay when due all
clalme for work done on or for services rendered or material furnished to the Property. Grantor shall not further encumber
the Property or permit or suffer any mechanic's, laborer's, materielmen's, statutory or other Ilan on the Property, except for
the Ilan of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise
provided in this Deed of Trust.
Right to Contest. Grantor may withhold paymentof any tax, assessment, or claim in connection with a good faith dispute
over the obligation to pay, so long as Lender's interest In the Property Is not Jeopardized. If a lien arlees or Is filed as a result
of nonpayment, Grantor shelf within fifteen (15) days after the Ilan arises or, If a lien is flied, within fifteen (15) days after
Grantor has notice of the filing, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a
sufficient corporate surety bond or other ascurity satisfactory to Lender In an amount sufficient to discharge the lien plus any
m,
DEED OF TRUST
Loan No: 1093552 (Continued) '
coats and attorneys' fees, or other chargee that could accrue as a result of a foreclosure or sale under the lien. In any
cpntest, Grantor shall defend itself and Lender and shell satisfy any adverse Judgment before enforcement against the
Property: Grantor shall name Lender as an addit anal obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shell upon demand furnish to Lender satisfactory evidence of payment of the taxes or
assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of
the taxes end assessments against the Property.
Notice of Conatruction. Grantor shall notify Lender at least fifteen 0 5) days before any work is commenced, any services
are furnished, or any materials are supplied to the Property, If any mechanic's lien, materielmen's Ilan, or other lien could be
asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance
assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The at
provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain pol cies of fire Insurance with standard extended coverage
endorsements on a replacement basis for the full Maurable value covering all Improvements on the Real Property In an
amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender.
Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may
request with Trustee and Lender being named as additional Ineuraos In ouch liability insurance policies, Additionally, Grantor
shall maintain such other Insurance, Including but not limited to hazard, business Interruption, and !miler insurance, as Lender
may reasonably require. Policies shall be written In form, amounts, coverages and baste reasonably acceptable to Lender
and Issued by a company or, companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to
'Lender from time to time the policies or certificates, of Insurance In farm satisfactory to Lender, Including stipulations that
coverages will not be cancelled or diminished without at least ten 1101 days prior written notice to Lender. Each Insurance
policy also shall Include an endoreament providing that coverage In favor of Lender will not be Impaired In any way by any
act, omission or default of Grantor or any other person. Should the Real Property be located In an area designated by the
Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to bl tain and
maintain Federal Flood Insurance, if available, within 45 days after notice Is given by Lender that the Property Is located In e
special flood hazard area, for the full unpaid principal, balance of the -loan and any prior liens on the property securing the
loan, up to the maximum policy limits sat under the National Flood Insurance Program, or as otherwise required by Lender,
and to maintain such insurance for the term of the loan. .
Application of Procoeds. Grantor shag promptly notify Lender of any Ices or damage to the Property. Lender may make
proof of lose If Grantor falls to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is impaired,
Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction
of the Indebtedness, payment of any Ilan affecting the Property, or the restoration and repair of the Property, If Lender
elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed
Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not in default under this
Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt end which Lender has not
committed to the repair or restoration of the Property shall be used first tb pay any amount owing to Lender under this Deed
of Trust, then to pay accrued Interest, and the remainder, if any, shall be applied to the pr)nclpal balance of the
Indebtedness, If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds chat] be paid to Grantor
as Grantor's Interests may appear.
Grantor'a'Repart on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender
a report on each existing policy of Insurance showing: (1) the name of the Insurer; 121 the risks insured; (3) the amount
of the policy; (4) the property Insured, the then current replacement value of such property, and the manner of determining
that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser
satisfactory to Lender determine the cash value replacement cost at the Property.
LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's interest In the
Property or If Grantor falls to comply with any provision of this Deed of Trust or any Related Documents, Including but not limited
to Grantor's failure to comply with any obligation to maintain Existing indebtedness in good standing as required below, or to
discharge or pay when due any amounts Grantor Is required to discharge or pay under this Deed at Trust or any Related
Documents, Lender an Grantor's behalf may [but shall not be obligated to) take any action that Lender deems appropriate,
Including but not limited to discharging or paying all taxes, (lens, security Interests, encumbrances and other claims, at any time
levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property, All such expenditures
Incurred or paid by Lender for such purposes will then bear Interest at tha'rate charged under the Note from the date Incurred or
paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's
option, will (A) be payable on demand; (S) be added to the balance of the Note and be apportioned among and be payable with
any Installment payments to become due during either (1) the term of any applicable Insurance policy; or 12) the remaining
term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of
Trust also will secure payment of thase amounts. Such right shall be In addition to all other rights and remedies to which Lender
may be entitlad upon Default.
WARRANTY; DEFENSE OF TITLE'. The following provisions relating to ownership of the Proparty are a pert of this Dead of Trust:
Page 3
DEED OF TRUST
Loan No: 1093552 (Continued)
Title. Grantor warrants that: la) Grantor holds good and marketable title of record to the Property in fee simple, free and
clear of all Ilona and encumbrances other than those set forth In the Real Property description or In the Existing Indebtedness
section below or In any this Insurance policy, title report or final We opinion issued In favor of, and accepted by, Lender In
connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed
of Trust to Lender.
. Defame of Ttda. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the
Property against the lawful' claims of all persona. In the event any action or proceeding is commenced that questions
Grantor's title or the Interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action -at Grantor's
expense. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding
and to be represented In the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be
delivered, to Lender such Instruments es Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grentor's use of the Property complies with all existing
applicable laws, ordinances, and regulations of governmental authorities. .
Survival of Representations and Worrantles. All representations, werrerttles, and agreements made by Grantor in this Deed
of Trust shall survive the execution and delivery of this Dead of Trust, shall be continuing in nature, and shall remain in full
force and offset until such time as Grantor's Indebtedness shall be paid in full.
EXISTING INDEBTEDNESS. The following provislons concerning Existing Indebtedness are a part of this Deed of Trust:
Existing Lion. The gen of this peed of Trust securing the Indebtedness may be secondary and inferior to an existing lien,
Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any
default on ouch. Indebtedness, any default under the Instruments evidencing such Indebtedness, or any default under any
security documents for such indebtedness.
No Modification. Grantor shall not enter Into any agreement with the holder of any mortgage, deed of trust, or other security
agreement which has priority over this Deed of Trust by which that agreement Is modified, amended, extended, or renewed
whhout'the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such
security agreement without the prior written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
Proceedings. If any proceeding In condemnation Is filed, Grantor shall promptly notify Lender In writing, and Grantor shall
promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal
party In such proceeding, but Lander shall be entitled to participate In the proceeding and to be represented Ib the proceeding
by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such Instruments and
documentation as may be requested by Lander from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any
proceeding or purchase In lieu of condemnation, Lender may at Its election require that all or any portion of the net proceeds
of the award be applied to the Indebtedness or the repair or restoration of the Property, The net proceeds of the sward shall
mean the award after payment of all reasonable costa, expenses, and attorneys' fees incurred by Trustee or Lender In
connection with the condemnation.
IMPOSrrION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
governmental taxes, fees and chargee are a part of this Deed of Trust:
Current Taxes, Few and Chargea. Upon request by Lender, Grainer shall execute such documents In addition to this Deed
of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property.
Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred in,recording, perfecting
or continuing this Dead of Trust, Including without limitation all taxes, fees, documentary stamps, and other chargee for
recording or registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: it) a specific tax upon this type of Deed of Trust
or upon all or any part of the Indebtedness secured by this Deed of Trust; 12) a specific tax on Grantor which Grantor Is
authorized or required to. deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on
this type of Dead of Trust chargeable against the Lander or the holder, of the Note; and (4) a specific tax an all or any
portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies Is enactedsubsequent to the date of this Deed of Tihurt, this
event shall have the same effect as an Event of Default, and Lender. nay exercise any or all of its available remedies for an
Event of Default as provided. below unless Grantor either (1) pays, the tax before it becomes delinquent, or (2) conteats
the tax as provided above In the Taxes and Lien section and deposits with Lender cash or s sufficient corporate surety bond
or other security satisfactory to Lander. .
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security
agreement are a pert of this Dead of Trust:
Seour ty Agreement, this Instrument shall constitute a Sao urlty Agreement to the extent any of the Property constitutes
fixtures, and Lender shall have ell of the rights of a secured party under the Uniform Commercial Code ae amended from
Page 4
DEED OF TRUST
Loan No: 1083552 (Continued)
time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lender to perfect and
continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Dead of Trust In the real
property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies
or reproductions of this Deed of Trust ae a financing statement. Grantor shall reimburse Lender for all expenses Incurred in
perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property
from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and
at a place reasonably convenient to Grantor and Lender and make It available to Lender within three 13) days after receipt of
written demand from Lender to the extent permitted by applicable law.
Addressee. The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the
security Interest granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Cade) are as
stated on the first page of this Dead of Trust.
FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to further assurances and attomey-in-fact are e
part of this Deed of Trust:
Further Assurenose. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or
will cauae to be made, executed or dsllvered, to Lender or to Lender's designee, and when requested by Lender, cause to be
filed, recorded, rallied, or rerecorded, as the case may be, at such times and In such offices and placbe as Lender may deem
appropriate, any and all such mortgagee, deeds of trust, security deeds, security agreements, financing statements,
continuation statements, Instruments of further assurance, certificates, and other documents as may, in the sole opinion of
Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (1) Gramor'a obligation@
under the Nate, this Deed of Trust and the Related Documents, and 12) the Ilene and security Interests created by this
Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by low or Lender
agrees to the contrary in writing, Grantor shall reimburse Lender'for all costs and expenses Incurred In connection with the
matters referred to In this paragraph.
Attomey-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In
the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's
attorney -In -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be
necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to In the preceding paragraph.
TENANCY OF GRANTOR. By the execution and dellvary of this Deed of Trust, Grantor does hereby become a tenant of the
Trustee, and Trustee hereby lata to Grantor the Property until the Indebtedness Is fully paid or until a sale under the provisions of
the paragraph of this Deed of Trust entitled "Foreclosure; at a rental of one cam per month, payable monthly on demand.
Grantor agrees to surrender peaceable possession of the Property and every part of the Property sold or conveyed by the Trustee
under the terms of this Deed of Trust to the purchaser at such sale upon the day of such sale, without notice or demand.
REINSTATEMENT OF SECURITY INTEREST. If payment Is made by Grantor, whether voluntarily or otherwise, or by guarantor or
by any third party, on the Indebtedness and thereafter Lender Is forced to remit the amount of that payment 1A) to Grantor's
trustee in bankruptcy or to any similar person under any federal or state benKruptoy law or law for the relief of debtors, (S) by
reason of any judgment, decree or order of any court or administrative body having juriadlction over Lender or any of Lender's
property, or (C) by reason of any settlement or compromise of any claim made by Lender with any claimant (including without
limitation Grantor), the Indebtedness shall be considered unpaid for the purpose of enforcement of this Deed of Trust and this
Deed of Trust shall continue to be effective or shall be reinstated, as the case may be, notwithstanding any cancellation of this
Dead of Trust or of any note or other Instrument of agreement evidencing the Indebtedness and the Property will continue to
secure the amount repaid or recovered to the same extant as If that amount never had bean originally received by Lander, and
Grantor shell be bound by any judgment, decree, order, settlement or compromise relating to the Indebtedness or to this Deed of
Trust.
EVENTS OF DEFAULT. Each of the following, at Lender's option; shall constitute an Event of Default under this Dead of Trust:
Payment Default. Grantor fells to make any payment when due under the Indebtedness.
Other Datauffs. Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained In this
Deed of Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or
condition contained in any other agreement between Lender and Grantor.
Compliance Default. Failure to comply with any other term, 6bligation, covenant or condition contained Irl this Deed of
Trust, the Note or in any of the Related Documents.
Default on Other Paymenta. Failure of Grantor within the time required by this Dead of Trust to make any payment for taxes
or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any Ilan.
Poo@ Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf
under this Deed of Trust or the Related Documents Is false or misleading in any material respect, either now or at the time
made or furnished or becomes falee or misleading at any time thereafter.
Torminatlon of Future Advances, Grantor's exercise of Grantor's rights under Mo. Rev. Stat. Saction 443.055 for any
successor provision to such statute) to terminate the operation of this Dead of Trust as security for future advances on
Page 0
DEED OF TRUST
Loan No: 1093552 {Continued)
future obligations,
Defective Collabragxation. This Deed of Twat or any of the Related Documents ceases to be In full farce and effect
(including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any
reason.
Death or InsoWency. The dissolution of Grantor's (regardless of whether election to continue Is made), any member
withdraws from the limited liability company, or any other terminatlon of Grantor's existence an a going business or the
death of any member, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any
bankruptcy or Insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding,
self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property
securing the Indebtedness. This Includes a garnishment of any of Grantor's accounts, Including deposit accodnto, with
Lender. HoweveF, this Event of Default shell not apply It there la a good faith dispute by Grantor as to the validity or
reasonableness of the clalm which Is the basis of the creditor or forfeiture proceeding and If Grantor gives Lander written
notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
proceeding, In an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach'by Grantor under the ldrns of any other agreement between Grantor end Lender
that Is not remedied within any grace period provided therein, 'including without Ilmhation any agreement concerning any
indebtedness or other obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness
or any Guarantor dlee or becomes incompetent, or revokes or disputes the validity of or Ilabglty under, any Guaranty of the
Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of
payment or performance of the Indebtedness Is Impaired:
Insecurity. Lender in good faith believes Itself Insecure.
Existing Indebtedness. The payment of any Installment of principal or any Interest on the Existing indebtedness Is not made
within the time required by the promissory note evidencing such Indebtedness, or a default occurs under the Instrument
securing such Indebtedness and ie not cured during any applicable grace period in such Instrument, or any suit or other
action is commenced to foreclose any existing lien on the Property.
Right to Cure. If any default, other than a default In payment, is curable and If Grantor hoe not been given a notice of a
breach of the same provision of this Dead of Trust within the preceding twelve J1 2) months, it may be cured If Grantor, after
Lender sands written notice to Grantor demanding cure of such default: (1) curae the default within twenty (20) days; or
(2) If the cure requires more than twenty (20) days, immediately Initiates steps which Lender deems In Lender's sole
diacrotlon to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps
sufficient to. produce compliance as soon as reasonably practical. -
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time thereafter, Trustee or
Lender may exercise any one or more of the following rights and remedies: '
Accelerate Indebtedness. Lender shall have the right at Its option without notice to Grantor to declare the entire
Indebtedness Immediately due and payable, Including any prepayment penalty which Grantor would be required to pay.
Foraelaeura. Lender shall have the right to direct the Trustee to proceed to sell the Property at public vandue or out -cry to
the highest bidder for cash, at the customary place for foreclosure sales within CAPE GIRARDEAU County, State of
Missouri, first giving all notices required by Missouri law, then In effect, with respect to exercising powers of sale under the
deed of trust. Upon such sale, the Trustee shall execute end deliver a deed or deeds of conveyance of the Property sold to
the purchasers thereof, and any statement or rbcltal of tact in any such deed shall be prima facia evidence of the truth of
such statement or recital. The Trustee shall receive the proceeds of any such sale, out of which the Trustee shall pay, first
the costs and expenses of executing this trust, Including compensation to the Trustee and to any attorneys employed by the
Trustee, for their services, and the cost of procuring evidence of title; second, to Lender, for all moneys paid for Insurance,
taxes, lien claims, and other charges, together with Interest thereon as provided in this Deed of Trust; third, to Lender, all
remaining Indebtedness, Including the Note; fourth, the remainder, It any, to the holders of any Ilan on the Property Junior to
the Ian of this Deed of Trust and to the Grantor, as their Interests may, appear. In the event the net praosads of such sale or
sales shall not be sufficient to pay In full the Indebtedness secured by this Deed of Trust, unlesa prohibited by law, Grantor
hereby promises and agrees to pay any deficiency thereon on demand, with Interest.
UCC Remedios. With respect to all or any part of the Personal Property, Lender shell have all the rights and remedies of a
secured party under the Uniform Commercial Code.
Collect Rants. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and
collect the Rents, including amounts past due andunpaid, and apply the not proceeds, over and above Lender's costs,
against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make
payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor Irrevocably designates
DEED OF TRUST
Loan No: 1093552 (Continued)
Lender as Grantor's attorney-in-fact to endorse Instruments received In payment thereof In the name of Grantor end to
negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand
shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed.
Lander may exercise Its rights under this subparagraph either In person, by agent, or through a receiver.
Appoint Rece"r. Lander shall have the right to have a receiver appointed to take possession of all or any part of the
Property, with the power to protect and preserve the Property, to operatq the Property preceding foreclosure or sale, and to
collect the Rants from the Property and apply the proceeds, over and above 'this cost of the receivership, against the
Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver
shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount.
Employment by Lender shall not disqualify a person from serving as a receiver.
Other Remedies. Trustee or Lander shall have any other right or remedy provided In this Deed of Trust or the Note or
available at law or In equity. '
Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced
by this Deed of Trust, the Related Documenta, or by any other writing, shall be cumulative and may be exercised singularly,
or concugently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to
make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to
perform, shall not affect Lender's right to fleciere a default and exercise Its remedies.
Cumulative Remedies. All of Lender's rights and remedies,' whether evidenced by this Deed of Trust, the Related
Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Flection by Lander
to pursue any remedy shell not exclude pursuit of any other remedy, and an blection to make expenditures or to take action
to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right
to declare a default and to exercise Its remedies.
Notice of Sale. Lender shall 'giva Grantor reasonable notice of the time and place of any public sale of the Personal Property
or of the time after which any private sale or other intended disposition of the Personal Property to to be made. Reasonable
notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal
Property may be made In conjunction with any sale of the Real Property.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the
Property marshalled. In exercising its rights and remedies, the Trustee or Lander shall be free to sell all or any part of the
Property together or separately, In one sale or by separate sales. Lender shell be entitled to bid at any public sale on all or
any portion of the Property..
Attorneys' Fees; Expenaae. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender
shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' tees at trial and upon any appeal.
Whether or not any court action Is Involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs
that In Lender's opinion ere necessary at any time for the protection of Its Interest or the enforcement of Its rights shall
become a part of the Indebtedness payable on demand and shall beer interest at the Note rate from the date of the
expenditure until repaid. Fxpanaes covered by this paragraph Include, without limitation, however subject to any limits under
applicable law, Lender's attorneys' fees and Lender's legal expenses whether or ndt there Is a lawsuit, Including attorneys'
fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), and
appeals, the coat of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, and
appraleel fees, title Insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any
court costa, In addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and dutles of Lander as set forth In this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to.the powers and obligations of Trustee are part
of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arlaing as a matter of law, Trustee shall have the power to take the
following actions with respect to the Property to the extent necessary to give clear title and upon the written request of
Lender and Grantor: (a) join In preparing and filing a map or plot of the Real Property, Including the dedication of streets or
other rights to the public; (bl join In granting any, easement or creating any restriction on the Real Property; and (c) join In
any subordination or other agreement affecting this Dead of Trust or the Interest of Lender under this Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other party of e,ponding sale under any other trust deed or
Han, or of any action or proceeding in which Grantor, Lender, or Truetea shall be a party, unless the action or proceeding is
brought by Trustee..
Trustee. Trustee shall most all qualifications required for Trustee under applicable low. In addition to the rights and
remedies set forth above, with respect to all or any part of the Property, the Trustee shell have the right to foreclose by
notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to
the full extent provided by applicable law.
Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed
under this Deed of Trust by an Instrument executed and acknowledged by Lander and recorded in the office of the recorder
Page 7
DEED OF TRUST
Loan No: 1098652 (Conlinu®d)
of CAPE GIRARDEAU County, State of Missouri. The Instrument shell contain, In addition to all other matters required by
state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust Is recorded_
and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender cc Its'
successors In interest. 'The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and
duties conferred upon the Trustee In this Deed of Trust and by applicable law.
NOTICES. Any notice required to be given under this Deed of Trust, Including without limitation any notice of default and any
notice of sale shall be given 16 writing, and shall be effective when actually delivered, when actually received by telefecaimile
luniess otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited
In the United States mall, as first class, cartifled or registered mall postage prepaid, directed to the addresses shown near, the
beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Dead
of Trust shall be sent to Lender's address, ea shown near the beginning of this Deed of Trust. Any party may change its address
for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice
Is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current
address. Unless otherwise provided or required by law, If there is more than one Grantor, any notice given by Lender to any
Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Twat:
Amendments. This Deed of Trust, together with any Relatgd Documents, constitutes the entire understanding and
agreement of the parties as to the mdtters set forth in this Deed of Trust. No alteration of or amendment to this Deed of
Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the
alteration or amendment.
Annual Reports. If the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon
request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in
such form and detail as Lender shall require. "Net operating Income" shall mean all cash receipts tram the Property lase all
cash expenditures made In connection with the operation of the Property,
Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to
Interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the Interest or estate created by this Dead of Trust with any other Interest or estate In
the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Governing Law. This Dead of Trust will be governed by federal law applicable to Lender and: to the extent net preempted by
federal low, the Iowa of the State of Missouri without regard to its conflicts of low provisions. This Dead of Trust has been
accepted by Lender In the State of Missouri.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is
given in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a
waiver of such right or any other right. A waiver by Lender of a provlsidn of this Deed of Trust shell not 'prejudice or
constitute a waiver of Lender's right otherwise to demand strict compliance with then provision or any other provision of this
Dead of Trust No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver
of any of Lender's rights or of any of Grantor's obligations as to any future. t�anaactlons. Whenever the consent of Lender la
required under this Doed.of Trust the granting of such consent by Lender In any instance shell not constitute continuing
consent to subsequent Instances where such consent Is required and In all casae such consent may be granted or withhold
In the sole discretion of Lender,
Severability. If a court of competent jurisdictionfinds any provision of this Deed of Trust to be Illegal, invalid, or
unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, Invalid, or unenforceable as
to any other circumstance. If feasible, the offending provision shall be considered modified so that It becomes legal, valid
and enforceable. If the offending provision cannot be so modified, It shall be considered deleted from this Deed of Trust,
Unless otherwise required by law, the Illegality, Invalidity, or unenforceablilty of any provision of this Deed of Trust shall not
affect the legality, validity or enforceability of any other provision of this Dead of Trust.
Successors end Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor's Interest, this Deed
of Trust shall be binding upon and Inure to the gansfit of the parties, their successors and assigns. If ovinership of the
Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's
successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing
Grantor from the obligations of this Deed of Trust or liability under the Indebtedness.
Time Is of the Essence. Time is of the essence In the performance of this Dead of Trust
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption
laws of the State of Missouri as to all Indebtedness secured by this Dead of Trust.
DEFINITIONS. The following capitalized words and terms shall have the fallowing meanings when used in this Deed of Trust.
Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United
States of America. Words and terms used in the singular shall Include the plural, and the plural shell Include the singular, as the
context may require. Words and terms not otherwise defined In this Deed of Trust shall have the meanings attributed to such
=`
Exhibit A
Tract 1: (809 Perry Avenue)
All of Lot Five (5) In Block One (1) of Kimmel's Addition, a subdivision in the City and County of Cape
Girardeau, Missouri, as shown by plat filed for record in'Plat Book 3 at Page 34 In the land records of Cape
Girardeau County, Missouri.
Tract 2: (915 Fort Street)
The South -48 feet of the North 72 feet of Lots Four (4), Five (5), and Six (6) in Block Nine (9) of GIboney -
Houck 6th Subdivislon In the City and County of Cape Girardeau, Missouri, as shown by plat flied for record in
Plat Book 3 at Page 11 In the land records of Cape Girardeau County, Missouri.
1705173
OPERATING AGREEMENT
OF
CENTURION DEVELOPMENT, LLC
A MISSOURI LIMITED LIABILITY COMPANY
THIS AGREEMENT, dated and adopted this 10"' day of December, 2007, by Dustin J.
Richardson of Cape Girardeau, Missouri, and Jason S. Coalter, of Cape Girardeau, Missouri the sole
members.of Centurion Development, LLC, (hereinafter "the Company"), a limited liability company
organized under the laws of the State of Missouri, who agree"as follows:
1. Names of Members. The name and address of the initial and sole members of the
Company are as follows:
Dustin J. Richardson, 281 Flagstone, Cape Girardeau, MO 63701
Jason S. Coalter, 112 S. Broadview, Cape Girardeau, MO 63703
2. Offices. The address of the principal office of the Company is 112 S. Broadview, Cape
Girardeau, MO 63703.
3. Registered Agent and Office. . The registered agent for the service of process and the
registered office shall be that person and location reflected In the Articles of Organization as filed in the
Office of the Secretary of State.
4. Purpose. To engage in the business of constructing homes and businesses, buying,
selling, holding, and teasing real estate, and to improve, mortgage, encumber, subdivide, control,
operate, handle and deal in property of all kinds, character and descriptions, both real, personal and
mixed, whether for itself or as agent for others which will .or might become necessary and essential to
the above business or incidental thereto or as an entirely separate endeavor, in general; to carry on any
other business in connection with the foregoing permitted by the Missouri Limited Liability Act and to
have and exercise all powers conferred by the law of Missouri upon Limited Liability Companies formed
under the law hereinbefore referred to.
5. Managers. The Company shall have at least one manager. The initial managers of the
Company shall be, Dustin J. Richardson and Jason S. Coalter who shall serve until the first annual
meeting of the members and until his successor(s) are elected and qualified. The managers of the
Company shall be elected by a majority vote of the members at the annual meeting of -the members.
The numberof managers may be increased or decreased'by a majority vote of the members. Vacancies
may be filled by a majority vote of the members. A manager chosen to fill a vacancy shall serve the
unexpired term of his or her predecessor in. office. A manager may be removed from office, with or
without cause, by a majority vote of the members. The duties of the managers shall include all duties
and activities necessary to operate and manage the Company as provided in this Agreement, Each
manager shall have an equal voice in the operation and management of the Company. The managers
shall meet at least once a week at a time upon which they shall determine. Except as otherwise provided
in this Agreement, questions related to Company matters shall be determined by a majority vote of the
managers.
6. Authority of Members to Bind the Company. The Members hereby agree that only the
Managing Memberand authorized agents of the Company shall have the authority to bind the Company.
No Member other than a Managing Member shall take any action as a Member to bind the Company,
and shall indemnify the Company for any costs or damages incurred by the Company as a result of the
unauthorized action of such Member. Each Managing Member has the power on behalf of the Company
to do all things necessary or convenient to carry out the business and affairs of the Company. Each
manager shall have the authority to represent and bind the Company on all matters except as otherwise
provided in this Agreement and by law, provided that a manager may nottransfer an interest in Company
property, other than in the normal course of Company business, without the written consent of all
members. The Company may indemnify a manager for liabilities and expenses incurred by the manager
in the course of conducting Company business to the extent permitted by law. The compensation of the
managers shall be as follows: There shall be no compensation.
7. Liability of Members. No Member of the Company shall be liable as such for the liabilities
of the Company. The failure of the Company to observe any formalities or requirements relating to the
exercise of its powers or management of its business or affairs under this Agreement or the Act shall not
be grounds for imposing personal liability on the Members or managers for liabilities of the Company.
8. Reports to Members. The Managing Members shall provide reports at least annually to
the Members at such time and in such manner as the Managing Members may determine reasonable.
9. Capital Contributions. The members shall make the following capital contributions to the
Company:
Member Form of Contribution °o of Total
Dustin J. Richardson cash 50.00
Jason S. Coalter cash 50.00
Future capital contributions shall be made by the members in proportion to their existing
contributions upon the unanimous recommendation of a majority vote of the members. The failure of
a member to make such a contribution shall constitute a violation of this Agreement. Capital.
contributions may not be withdrawn except on the majority vote of the members. For income tax
purposes, depreciation, depletion, and gains and losses with respect to contributed property shall be
allocated among members in the same manner as though the contributed properties were owned
separately by each contributing member.
90. Profits and Losses. The net profits of the Company shall be divided among the
members, and the net losses shall be borne by the members, in proportion to their respective capital
contributions as set forth in Section 9 of this Agreement. For income tax purposes, all gains, losses,
credits, and depreciation deductions on Company property shall be allocated among the members in
proportion to their capital contributions, except as provided in Section 9 of this Agreement.
11. Gash Method of Accounting -The records of the Company shall be maintained on a cash
receipts and disbursements method of accounting.
12. Distributions. Distributions shall be made in the amounts, in the manner, and at the
times determined by the managers. Distributions may consist of cash or other property, except that a
member whose capital contribution to the Company consists entirely of cash shall be entitled to cash
distributions if so demanded.
13. Limitations on Distributions - No distribution shall be declared and paid unless, after the
distribution is made, the assets of the Company are in excess of all liabilities of the Company, except
liabilities to Members on account of their Capital Accounts,
14. Membership Changes. , A new member,.may be admitted to the Company only with the
written consent of all existing members.
15. Meetings and Voting Rights. An annual meeting of the members shall be held each
year on the 14 day of December. Notice of the meeting shall be delivered to each member at least 20
days prior to meeting. Special meetings of the members maybe called by the members as provided by
law. A majority of the members, present in person or by proxy, entitled to vote shall constitute a quorum
at any meeting. Except as otherwise provided in this Agreement, a majority vote of the members shall
carry any action proposed or determined at a meeting. A member may waive notice of any meeting and
the members may act without meeting to the extent permitted by law. All members are entitled to vote
and all members shall have equal voting rights.
16, Transfer of Assets. A member may not transfer his or her interest in the Company
to another person, including another member, without first obtaining the written.consent of every other
member.
17. Books, Records, and Reports. The fiscal year of the Company shall be on a calendar
year basis, ending each December 31. The Company shall maintain full and accurate books of account;
which shall be kept at the Company's principal office, and generally accepted methods of accounting
shall be employed. The Company shall maintain one or more bank accounts, and all monies received
by the Company shall be deposited therein. Only the managers shall be authorized to sign Company
checks. Reports on the financial status of the Company and its business shall be issued to the members
semi-annually. Each member shall have the right to inspect and copy the .books and records of the
Company during normal business hours, and copies of the Company's income tax return shall be made
available to the members promptly after becoming available..
16. Continuation of Business.Upon the death, retirement, resignation, expulsion, bankruptcy
or dissolution of a member, or upon the occurrence of any other event which terminates the continued
membership of a member, the business of the. Company may, within 90 days thereafter be continued
by the remaining members, provided that there are at least two remaining members. A departing
member, or the estate of a deceased or bankrupt member, shall be compensated in cash for the
membership
interest of such member in an amount equal to the member's outstanding capital contribution plus the
member's proportionate share of any accrued net Company profits, or less the member's proportionate
share, of any accrued net Company losses. The assets of the Company shall be valued at book value
for purposes of this section, and no value shall be attributed to goodwill.
Dustin J. Richardson and Jason S. Coalter are the sole members of the Company at the time
of the filing of the Articles of Organization with the Office of Secretary of State and at the time of the
making of this Operating Agreement. In the event they remains the sole member, then, upon his death,
retirement or resignation, the Company shall be dissolved and the business and affairs of the Company
promptly wound up, in accordance with the provisions of Section 19 of this Agreement.
19. Termination. Upon the dissolution of the Company when the business will not be
continued as provided In Section 18 of.this Agreement, the managers, or the members, if there are no
managers, shall promptly wind up the business and affairs of the Company.
Upon the winding up of the business and affairs of the Company, the assets of the Company shall
be distributed as follows:
(a) First, to the creditors of the Company, including members who are creditors, in satisfaction
of the liabilities of the Company other than liabilities for distributions to members.
(b) All real and personal property owned by the Company, and previously transferred,
conveyed and assigned to the Company, shall then be distributed back to Dustin J. Richardson and
Jason S. Coalter or their successors or assignees, or, in the event they should then be deceased, then
to their Living Trust and if none to their estate or to the personal representative or administrator thereof
or any TOD beneficiary listed on the certificate of membership.
(c) . Third, proportionately to members and former: members as distributions owed under
Sections 7 and 6 of this Agreement, if any.
(d) Fourth, proportionately to members as distributions for the return of their respective capital
contributions, if any.
(e) Fifth, to members as distributions in respect to their membership interests in proportion to
their respective capital contributions, if any.
20. Amendment. This Agreement and the Articles of Organization may be .amended by a
majority vote of the members, except that any provision in this Agreement or in the Articles of
Organization that specifies a membership vote or consent requirement of greater than a majority may
be amended only by a membership • vote that is equal to the vote or consent requirement specified in the
provision sought to be amended.
21. Binding Effect. This Agreement shall be binding upon the members, their heirs, personal
representatives, assigns, and successors in interest.
IN WITNESS WHEREOF, the parties have executed this reem nt a of the date first above
appearing.
ustin . Ric ardson, Manager Jason S. Coalo, , M n ger
Paducah, KY Code of Ordinances Page 1 of 6
ARTICLE VIII, - UPPER STORY RESIDENTIAL GRANT PROGRAM (USRG)141
Sec. 34-151. - Title.
This article shall be known and may be cited as the "Upper Story Residential Grant Program
(USRG)" Ordinance of the Clry of Paducah".
(Ord. No. 2014-8-8169, 8-12-14)
Sec. 34-152. - Purpose.
This article is Intended to facilitate new residential units on the upper floors of new or
existing structures by property owners within the Historic Downtown (Map #1). It will encourage
the Inhabitation of this unused space within the downtown area and serve as a catalyst to
preserve the structures that give downtown Paducah its unique sense of place.
(Ord. No. 2014-8-8169, 8-12-14)
Sec. 34-153. - Definitions.
Project Manager. The Director of Planning or his designee.
Upper storyresidentia/ rental unit. A self-contained housing unit that occupies only part of a
building.
URCDA, Urban Renewal and Community Development Agency.
(Ord. No. 2014-8-8169,8-12-14)
Sec. 34-154. - General provisions.
(1) Elig/bllloy
(a) Applications for a grant under the Program will be reviewed by the Project Manager
upon the criteria outlined herein to determine eligibility.
(b) All property receiving the financial assistance under the Program shall be located
within the Historic Downtown (Map #1).
(c) Program parameters include;
The USRG Program will target structures that have vacant upper stories or upper
stories that are part of new construction.
about:blank 10/16/2017
Paducah, KY Code of Ordinances
Page 2 of 6
2. The grant portion of the project must be for the interior renovation of an existing
building only or the construction of new upper story residential units.
3. All required permits (i.e. zoning, building, etc.) must have been obtained and the
property must be free of liens held by the City of Paducah and all property taxes
must be paid.
4. Third party construction estimates by a qualified contractor and owner's proof of
financial ability to complete the project will be required.
5. Each grant shall not exceed 20 percent of the total upper story residential rental
unit costs or 20 percent of building permit received from the City of Paducah Fire
Prevention Division. A maximum of $15,000.00 per upper story residential rental
unit will be allocated. Upper story residential unit costs shall be determined.
6. A City of Paducah letter of financial commitment will be given to the owner upon
final approval of the grant by URCDA or City Commission,
7. Eligible buildings shall have upon completion of project, a sustainable leak proof
roofing system.
S. All projects shall comply with all applicable building codes.
9. All projects shall be completed within one year of the date that the grant is
awarded. Any extension beyond one year must be requested by the owner and
approved by the Urban Renewal and Community Development Agency (URCDA).
10. Proof of builders risk insurance must accompany each application.
11. Sketches, drawings, architectural plans, Photoshop renderings or other similar
visuals that will provide the Main Street Design Committee and URCDA with
sufficient information to evaluate the Improvements being proposed.
12. A sample board that shows proposed materials and finishes must accompany the
application.
13. All projects funded by the USRG shall meet the following minimum required
materials and finishes.
Walls/interior: Interior should be of a "finished" quality. Materials should be
exposed brick, finished plaster or smooth finished sheetrock with
baseboard, crown and door moldings as appropriate to the design of the
space.
about:blank 10/16/2017
Paducah, KY Code of Ordinances Page 3 of 6
Floors: Refinished or new Installed hardwoods, cork, bamboo, minimum 8
mm laminates, floating or engineered floors, polished, stained or sealed
concrete, ceramic tiles or stone in baths and kitchens. No vinyl flooring.
Ili. Countertops: Solid surface, stone, granite, sealed concrete, or stainless steel.
No laminate.
Iv. Appliances should be new and energy -star rated.
v. Windows: Windows should be treated according to the Secretary of Interior
Standards and efforts should be made to make them as energy-efficient as
possible.
vi. Hardware: Faucets, cabinet hardware and light fixtures should be either of
new and higher quality or be refurbished vintage fixtures of higher quality.
(Ord. No. 2014-8-8169, 8-12-14)
Sec. 34-155. -Administration.
(1) staff
(a) The Project Manager shall perform the following duties:
1. Preparation of the necessary applications, financial statements, a summary of the
commitments to the rules and regulations of the program, and such other forms
to be executed In administering the Program. The appropriate forms shall include,
along with other data deemed appropriate, Upper Story Residential Grant
Program application, verified proof of all ownership interests and financial
qualifications.
2. Review the eligibility of the applicant based on the requirements of this article,
review the data provided on the forms required as pant of the application
procedure and make a recommendation to the URCDA.
3. Maintain a list of approved contractors based upon satisfactory references on
past work performed.
4. Determine whether the proposed work to be performed meets the parameters of
this article and whether the cost to complete that work is reasonable. Said
determination shall be In writing and kept on file as part of the application.
5. Conduct appropriate, periodic inspections of the work being done and, when
satisfactorily completed, Issue a certificate of compliance bearing the date the
certificate was issued. A copy of this certificate shall be kept as part of the file.
ebout:blank 10/16/2017
Paducab, KY Code of Ordinances
(2) Fund/ng.
Page 4 of 6
(a) The City of Paducah may make annual budgetary appropriation as it deems necessary
to fund the Program established by this article and the administrative costs associated
therewith.
(Ord. No. 2014-8-8169,8-12-14)
Sec. 34-156, - Procedures for making application, review and approval.
(1) Appllcat/on.
(a) Applications will only be accepted as funds are available. Third party construction
estimates and proof of financial ability from a qualified financial Institution will be
required.
(b) Applications and other required forms shall be made available at the Department of
Planning. Technical assistance shall be available from that office to assist applicants In
completing and submitting an application. There may be no fee for filing an
application.
(2) Review.
(a) The Project Manager shall determine the completeness of the application. Incomplete
applications will not be processed.
(b) Upon a determination of completeness, the Project Manager shall make a
determination as to whether the applicant meets the eligibility criteria under the
Program.
(c) Upon a determination that the applicant Is eligible under the Program, the Project
Manager shall forward the application to the Main Street Design Committee if it is
determined that the exterior portions of the structure that are ordinarily visible from
the public right-of-way are being altered. The Design Committee shall make design
recommendations to the applicant within 15 days of receipt of the application and
forward the application to the URCDA. If the design committee falls to review and
forward the URCDA within 15 days, the application will be forwarded directly to the
URCDA for review by the project manager.
(d) Upon a determination that the applicant Is eligible under the Program, and no exterior
modifications are being completed that are visible from the public right-of-way, the
Project Manager shall forward the application to the Urban Renewal & Community
Development Agency (URCDA) for consideration.
about:blank 10/16/2017
Paducah, KY Code of Ordinances Page 5 of 6
(e) If multiple applications are received, the URCDA will review rankings In accordance with
the following criteria to determine applicant's eligibility.
1. Total private Investment of residential rehabilitation project ..... 25%
2. Contributing structure on the National Register of Historic Places ..... 25%
3. Rehabilitation in compliance with the National Parks Secretary of the Interiors
Standards ..... 25%
4. Capital commitment of owner to rehabilitate remaining structure (fa4ade, roof,
retail space) ..... 25%
f. URCDA shall have the authority to approve all multiunit projects that do not exceed
$60,000.00 In Upper Story Residential Grant funds. Projects In excess of $60,000.00 of
Upper Story Residential Investment Grant funds will be forwarded to the City
Commission for approval.
S. Grant awards may be given based on availability of funds.
(3) Reserved.
(4) Property Owners obl/gat/ons upon grant approval from the Clty of Paducah. Property Owner
shall deliver to the Project Manager the following documents in fully executed form:
(a) A duly executed construction contract between the Property Owner and the approved
contractor outlining the rehabilitation work to be performed, the cost to be Incurred,
Including an amount for retainage to assure the acceptable completion of the
construction, and the time of performance. This contract must be reviewed by, and
acceptable to the Project Manager.
(b) Any other documents which maybe requested by the Project Manager upon approval.
(5) Disbursement of Grant
(a) Subject to the terms and conditions hereinafter provided, the property owner shall be
entitled to draw proceeds from the grant when 100 percent of rehabilitation work has
been completed. Under no circumstance will funds be advanced. However,
notwithstanding the foregoing, disbursement shall only be made when the following
condition precedents shall have been satisfied:
The Property Owner shall submit for the Project Manager's review a written
request for reimbursement. The written request shall be signed by both the
approved contractor and the Property Owner.
Q
about:blank 10/16/2017
Paducah, KY Code of Ordinances Page 6 of 6
The Property Owner shall provide to Project Manager a certification executed by
the approved contractor which shall certify the aforesaid costs Incurred in the
construction process have been paid In full.
3. The Property Owner shall provide to Project Manager Interim mechanics' or
materlalmen lien waivers to be executed by the approved contractor,
subcontractors, materialmen and/or their employees or agents.
4. The Project Manager has verified that the construction is in accordance with
building and construction plans and specifications.
S. The Property Owner has complied with the terms of this article.
(b) In the event all of the foregoing condition precedents are fully satisfied, the Project
Manager shall within ten business days following date of request remit directly to the
approved applicant the permitted amount of draw.
(c) In the event all of the foregoing condition precedents are not fully satisfied, the Project
Manager shall have the right, at his discretion, to refuse the request In total until such
time as all condition precedents are satisfied, or pay such portion of the request that
the Project Manager deems appropriate. Additionally, the Project Manager shall have
the right to pay the grant proceeds directly to any creditors who have provided labor or
materials for the construction or the rehabilitation work, which payments shall be
deemed for and In behalf of the Property Owner and as a part of the grant hereunder.
The Project Manager's determination shall be binding and final upon the Property
Owner and the approved contractor.
(6) Issuance of Certificate ofCompletion, Following completion of the work, the Project Manager
shall Inspect the upper story residential units and certify whether or not the work has been
satisfactorily completed. If the work is sufficient, a Certificate of Completion shall be issued.
(Ord. No. 2014-8.8169, 8-12-14)
Secs. 24.157®34-170. - Reserved.
abomblank 10/16/2017
ORDINANCE NO. 2017-2-8479
AN ORDINANCE AMENDING CHAPTER 34 ARTICLE VIII, TIM UPPER STORY
RESIDENTIAL GRANT PROGRAM, OF THE CODE OF ORDINANCES OF THE
CITY OF PADUCAH, KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Sections 34-151 through 34-156, "Upper Story Residential
Grant Program," of Chapter 34, Community Planning And Development of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"Sec. 34-151. - Title.
This ordinance shall be known and may be cited as the "Upper Story Residential Grant Program
(USRG)" Ordinance of the City of Paducah".
Sec. 34-152. - Purpose.
This article is intended to facilitate new residential units on the upper floors of new or existing
structures by property ewaaers developers within the Historic Downtown (Map #1). It will
encourage the inhabitation of this unused space within the downtown area and serve as a catalyst
to preserve the structures that give downtown Paducah its unique sense of place.
Sec. 34-153. - Definitions.
Project Manager. The Director of Planning or his designee.
Upper story residential yenta unit. A self-contained housing unit that occupies only part of
a building.
URCDA. Urban Renewal and Community Development Agency.
Sec. 34-154. - General provisions.
(1) Eligibility.
(a) Applications for a grant under the Program will be reviewed by the Project Manager
upon the criteria outlined herein to determine eligibility.
(b) All property receiving the financial assistance under the Program shall be located within
the Historic Downtown (Map #1).
(c) Program parameters include:
1. The USRG Program will target structures that have vacant upper stories or upper
stories that are part of new construction.
2. The grant portion of the project must be for the interior renovation of an existing
building only or the construction of new upper story residential units.
3. All required permits (i.e. zoning, building, etc.) most have been obtained and the
property must be free of liens held by the City of Paducah and all property taxes
must be paid.
4. Third party construction estimates by a qualified contractor and ewaet's
developer's proof of financial ability to complete the project will be required-
5.
Each ,...t shall not exceed 20 pe.eent a fthe ♦etel uppef story residential rental 'uni
eests @F 20 peroef4 ..F 1...:1ding permited from the City
..F Paducah Fire
unit vAll he allocated TL..,.._ staFy esidenti Al upit emtq shall he determined.
Each stunt shall not exceed 20 -percent of the total upper story residential rental
unit rehabilitation costs or 15 -percent total upper story residential owner -occupied
unit rehabilitation costs A maximum of $15,000 per upper story residential rental
unit will be allocated.
6. A City of Paducah letter of financial commitment will be given to the ewnet
developer upon final approval of the grant by URCDA or City Commission.
7. Eligible buildings shall have upon completion of project, a sustainable leak proof
roofing system.
8. All projects shall comply with all applicable building codes.
9. All projects shall be completed within one year of the date that the grant is
awarded. Any extension beyond one year must be requested by the ewner
developer and approved by the
4gew}-(URCDA).
10. Proof of builders risk insurance must accompany each application.
11. Sketches, drawings, architectural plans, Photoshop renderings or other similar
visuals that will provide the Main Street Design Committee and URCDA with
sufficient information to evaluate the improvements being proposed.
12. A sample board that shows proposed materials and finishes must accompany the
application.
13. All projects funded by the USRG shall meet the following minimum required
materials and finishes.
i. Walls/Interior: Interior should be of a "finished" quality. Materials should be
exposed brick, finished plaster or smooth finished sheetrock with baseboard,
crown and door moldings as appropriate to the design of the space.
ii. Floors: Refinished or new installed hardwoods, cork, bamboo, minimum 8 mm
laminates, floating or engineered floors, polished, stained or sealed concrete,
ceramic tiles or stone in baths and kitchens. No vinyl flooring.
iii. Countertops: Solid surface, stone, granite, sealed concrete, or stainless steel.
No laminate.
iv. Appliances should be new and energy -star rated.
v. Windows: Windows should be treated according to the Secretary of Interior
Standards and efforts should be made to make them as energy-efficient as
possible.
vi. Hardware: Faucets, cabinet hardware and light fixtures should be either of new
and higher quality or be refurbished vintage fixtures of higher quality.
Sec. 34-155. - Administration.
(1) Staff.
(a) The Project Manager shall perform the following duties:
1. Preparation of the necessary applications, financial statements, a summary of the
commitments to the rules and regulations of the program, and such other forms to
be executed in administering the Program. The appropriate forms shall include,
along with other data deemed appropriate, Upper Story Residential Grant Program
application, verified proof of all ownership interests and financial qualifications.
2. Review the eligibility of the applicant based on the requirements of this article,
review the data provided on the forms required as part of the application procedure
and make a recommendation to the URCDA.
3. Maintain a list of approved contractors based upon satisfactory references on past
work performed.
4. Determine whether the proposed work to be performed meets the parameters of this
article and whether the cost to complete that work is reasonable. Said determination
shall be in writing and kept on file as part of the application.
S. Conduct appropriate, periodic inspections of the work being done and, when
satisfactorily completed, issue a certificate of compliance bearing the date the
certificate was issued. A copy of this certificate shall be kept as part of the file.
(2) Funding.
(a) The City of Paducah may make annual budgetary appropriation as it deems necessary to
fund the Program established by this article and the administrative costs associated
therewith.
Sec. 34-156. - Procedures for making application, review and approval.
(1) Application.
(a) Applications will only be accepted as funds are available. Third party construction
estimates and proof of financial ability from a qualified financial institution will be
required.
(b) Applications and other required forts shall be made available at the Department of
Planning. Technical assistance shall be available from that office to assist applicants in
completing and submitting an application. There may be no fee for filing an application.
(2) Review.
(a) The Project Manager shall determine the completeness of the application. Incomplete
applications will not be processed.
(b) Upon a determination of completeness, the Project Manager shall make a determination
as to whether the applicant meets the eligibility criteria under the Program.
(c) Upon a determination that the applicant is eligible under the Program, the Project
Manager shall forward the application to the Main Street Design Committee if it is
determined that the exterior portions of the structure that are ordinarily visible from the
public right-of-way are being altered. The Design Committee shall make design
recommendations to the applicant within 15 days of receipt of the application and
forward the application to the URCDA. If the design committee fails to review and
forward the URCDA within 15 days, the application will be forwarded directly to the
URCDA for review by the project manager.
(d) Upon a determination that the applicant is eligible under the Program, and no exterior
modifications are being completed that are visible from the public right-of-way, the
Project Manager shall forward the application to the Urban Renewal & Community
Development Agency (URCDA) for consideration.
(e) If multiple applications are received, the URCDA will review rankings in accordance
with the following criteria to determine applicant's eligibility.
1. Total private investment of residential rehabilitation project ..... 25%
2. Contributing structure on the National Register of Historic Places ..... 25%
3. Rehabilitation in compliance with the National Parks Secretary of the Interiors
Standards ..... 25%
4. Capital commitment of ewnee developer to rehabilitate remaining structure (faFade,
roof, retail space) ..... 25%
f. URCDA shall have the authority to approve all multi -unit projects that do not exceed
$60,000.00 in Upper Story Residential Chant funds. Projects in excess of $60,000.00 of
Upper Story Residential Investment Grant funds will be forwarded to the City
Commission for approval.
g. Grant awards may be given based on availability of funds.
(3) Reserved
(4) Property Owners Developers obligations upon grant approval from the City of Paducah.
Property Ownem Developers shall deliver to the Project Manager the following documents
in fully executed form:
(a) A duly executed construction contract between the Property Owners Developers and the
approved contractor outlining the rehabilitation work to be performed, the cost to be
incurred, including an amount for retainage to assure the acceptable completion of the
construction, and the time of performance. This contract must be reviewed by, and
acceptable to the Project Manager.
(b) Any other documents which may be requested by the Project Manager upon approval.
(5) Disbursement of Grant.
(a) Subject to the terms and conditions hereinafter provided, the property ewne�
developers shall be entitled to draw proceeds from the grant when 100 percent of
rehabilitation work has been completed. Under no circumstance will funds be advanced.
However, notwithstanding the foregoing, disbursement shall only be made when the
following condition precedents shall have been satisfied:
I. The Property 0%wers Developers shall submit for the Project Manager's review a
written request for reimbursement. The written request shall be signed by both the
approved contractor and the Property Bwnexs Developers.
2. The Property 6w ue Developers shall provide to Project Manager a certification
executed by the approved contractor which shall certify the aforesaid costs incurred
in the construction process have been paid in full.
3. The Property Ownem Developers shall provide to Project Manager interim
mechanics' or materialmen lien waivers to be executed by the approved contractor,
subcontractors, materialmen and/or their employees or agents.
4. The Project Manager has verified that the construction is in accordance with
building and construction plans and specifications.
5. The Property Oiwte><s Developers has complied with the terms of this article.
(b) In the event all of the foregoing condition precedents are fully satisfied, the Project
Manager shall within ten business days following date of request remit directly to the
approved applicant the permitted amount of draw.
(c) In the event all of the foregoing condition precedents are not fully satisfied, the Project
Manager shall have the right, at his discretion, to refuse the request in total until such
time as all condition precedents are satisfied, or pay such portion of the request that the
Project Manager deems appropriate. Additionally, the Project Manager shall have the J
right to pay the grant proceeds directly to any creditors who have provided labor or
materials for the construction or the rehabilitation work, which payments shall be
deemed for and in behalf of the Property Owners Developers and as a part of the grant
hereunder. The Project Manager's determination shall be binding and final upon the
Property Owners Developers and the approved contractor.
e
(6) Issuance of Certificate of Completion. Following completion of the work, the Project
Manager shall inspect the upper story residential units and certify whether or not the work
has been satisfactorily completed. If the work is sufficient, a Certificate of Completion shall
be issued.
Secs. 24-157-34-170. - Reserved."
SECTION 2. That if any section, paragraph or provision of this Ordinance shall
be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of
such section, paragraph or provision shall not affect any other section, paragraph or provision
hereof, it being the purpose and intent of this Ordinance to make each and every section,
paragraph, an provision hereof separable from all other sections, paragraphs and provisions.
SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424. _.�
e&,,AJ
NrAYOR
ATTEST:
�����
City Clerk
Introduced by the Board of Commissioners, February 21, 2017
Adopted by the Board of Commissioners, February 28, 2017
Recorded by Lindsay Parish, Administrative Assistant III, February 28, 2017
Published by The Paducah Sun, March 3, 2017
\ord\plan\amend - upper story residential grant program
M
Agenda Action Form
Paducah City Commission
Meeting Date: 12 December 2017
Short Title: Kentucky Local Records Grant Program Application — Paducah Police Department
❑ Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work BY: Amy Travis, Adam Shull, Chief Brandon Barnhill
Presentation BY: Brandon Barnhill
Background Information: The Kentucky Local Records Branch provides records management assistance
to more than 2,900 local government agencies in the Commonwealth. The Paducah Police Department
wishes to apply for a Kentucky Department for Libraries and Archives (KOLA) grant to digitize about 40
boxes worth of felony case files that state law requires to be stored for 80 years. The size of the boxes and
files has created a lack of storage space and digitizing them will allow the paper files to be shred and
discarded. Removal, shredding and disposal of the records will be some of the requirements of the bid
package. The work to scan and digitize the binder will be competitively bid according to the city's and
KOLA's guidelines (bid is attached). No match is required. The grant amount is dependent upon the bids
received.
Goal: ❑ Strong Economy ® Quality Services ❑ Vital Neighborhoods ❑ Restored Downtowns
Funds Available: Account Name:
Account Number:
Project Number: Finance
CFDA:
Staff Recommendation: Authorize and direct the Mayor to execute all required grant application
documents.
Attachments: Bid package for scanning, microfilming, storing and discarding felony record files.
j
e artment Head
Cit Clerk
Cit Manager
MUNICIPAL ORDER NO.
A MUNICIPAL ORDER AUTHORIZING THE APPLICATION FOR A
KENTUCKY DEPARTMENT FOR LIBRARIES AND ARCHIVES GRANT THROUGH THE
KENTUCKY LOCAL RECORDS BRANCH FOR THE PADUCAH POLICE DEPARTMENT
TO BE USED TO DIGITIZE FELONY CASE FILES
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. The City of Paducah hereby authorizes the submission of an
application for a Kentucky Department for Libraries and Archives grant through the Kentucky
Local Records Branch for the Paducah Police Department to be used to digitize felony case files.
The amount of the grant is dependent upon the bids received by the City. 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, December 12, 2017
Recorded by Tammara S. Sanderson, City Clerk, December 12, 2017
mo\grants\application- Ky Dept Libraries & Archives KDLA — Police
Agenda Action Form
Paducah City Commission
Meeting Date: December 12, 2017
Short Title: FINAL Revised 2016-2017 (FY2017) Budget Ordinance
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Stacee Young, Jonathan Perkins
Presentation By: Jonathan Perkins
Background Information:
This ordinance represents the final revised budget ordinance for the year 2016-
2017 (FY2017).
The FY2017 budget must be adjusted to reflect all adjustments made
throughout the fiscal year and any adjustments required by the independent
financial auditors (year-end audit adjustments). The revised budget represents
year-end housekeeping & clean up following the close of the fiscal year.
The City's CAFR (audit report) discloses the City's original adopted budget,
revised final budget and actual expenditures for the fiscal year audited all in
one place for full disclosure to the reader.
Goal: ®Strong Economy ® Quality Services® Vital Neighborhoods® Restored Downtowns
Funds Available: Account Name: NA t L 2y
Account Number: NA QLinance
Staff Recommendation:
Approve the final revised 2016-2017 (FY2017) Budget Ordinance
Attachments:
FY2017 Budget Ordinance (final)
Department Head City Clerk ity Manager
S,Uon Perkins\Word\Budget\Ordinance\Agenda Action Form (AAF) - Budget Ordinance (Final) 12-12-2017 FY2017.Doc
Run Date: 12/4/2017 3:58 PM
FUNDS
GENERAL
MAP
INVESTMENT
CDBG
E911
COURT AWARDS
DEBT
CIP
BOND FUND
SOLID WASTE
TRANSIENT BOAT DOCI
CIVIC CENTER
RENTAL
RADIO DEPR
FLEET
FLEET TRUST
SELF INSURANCE
HEALTH INS
AEPF/PFPF/TRSTS
APPROPRIATIONS
$ 34,635,105
2,023,000
5,022,500
209,000
1,756,280
30,750
3,468,995
14,373,185
8,350,000
7,644,750
5,000
95,100
134,920
2,435,840
558,685
2,058,250
1,237,105
3,773,000
1,354,825
$ 89,166,290
Page 1
Source: FY2012 Budget appropriations S:\Jon Perkins\Excel\Budget FY2017\FINAL Budget Ordinance -- FY2017 (Clerk copy)\Publication
C)eA.1 *i
ORDINANCE NO. 2017-12.
AN ORDINANCE ADOPTING THE CIN OF PADUCAH, KENTUCKY, FINAL ANNUAL BUDGET FOR HIE FISCAL YEAR MY I, 2016, THROUGH
RINE 30, 2017.
WHEREAS, an annual budget proposal has been prepared and delivered to the City Commission; and
WHEREAS, the City Commission bas evi-M sucb proposed budget and made the neccsnary mpdifiwdons.
BE U ORDAINED BY HIE CITY OF PADUCAH, KENTUCRY:
SECHON I. The following eAlmateofrevenues and resources is adopted as the City of Paducah, Kentucky Revenue Budget for Rawl Year 2016-2017.
S:Uon PerklnaTxcaMvdget F 01 PPItl L Budget Ordinanw- H2017(Clerk copy)Trdinanee
MIIMCIPAL
GENERAL
FY2017
am
DEBT
GENERAL
FUND
PROGRAM
INVESU.04T
CORO
(1000)
FUND
(2300)
FUND
(2400)
FUND
(2600)
SOURCES:
CASHFROMFUNDRFSERVE
1,150,000
953,155
REVENUES:
PROPERTYTAXES
6,318,500
USC, PERVIOUS,
OTHER TAXES
24,169,000
450,000
5,022,500
GRANTS, CONTRIBI T ONS
1,039,395
209,000
FINES &FORFEITURES
105,000
25,000
PROP RENTAL &SALES
418,620
289,000
12,075
CHARGES FOR SERVICES
677,785
52,055
12,810
ETCEREST INCOME
100,000
6,000
3,680
RECREATION, OTHER FEES
116,000
593,990
MISCELLANEOUS
33,805
32,978,105
456,000
5,022,500
209,000
TOTAL REVENt1ES
FUND TR ANFERsIN
507,000
613,845
2,478,220
8,263,330
34,635,105
2,023,000
1 5,022,500
209,000
TOTAL SOURCES
S:Uon PerklnaTxcaMvdget F 01 PPItl L Budget Ordinanw- H2017(Clerk copy)Trdinanee
GENERAL
FY2017
COURT
DEBT
E911
FUND
AWARDS
FUND
SERVICE
CR
(2000)
(2700)
FUND
(3000)
FUND
4000
SOURCES:
CASH FROM FUND RESERVE
4,550
REVENUES:
PROPERTY TAXES
LISC, PERMrrs,
OTHERTAXES
630,000
649,720
GRANTS, CowriedUTIONS
506,770
5,487,300
FINES & FORFEITURES
25,000
PROP RENTAL & SALES
289,000
12,075
CHARGES FOR SERVICES
52,055
12,810
INTEREST INCOME
900
1,200
3,680
RECREATION,OTHERFEES
593,990
WSCELLANEOUS
1,137,670
26,200
990,775
6,109,855
TOTALREVENUES
FUND TRANFERS IN
618,610
2,478,220
8,263,330
1,756,280
30,750
3,468,995
14,373,185
TOTAL SOURCES
S:Uon PerklnaTxcaMvdget F 01 PPItl L Budget Ordinanw- H2017(Clerk copy)Trdinanee
FY2017
FLEET
SOLD)
TRANSD
CMC
AEPF/PFPF
SERVICE
FUND
BOND
WASTE
BOAT
CENTER
RENTAL
RADIO
(71 0)
FUND
FUND
DOCK
FUND
FUND
FUND
(4200)
(5000)
(53)
(5100)
(3100)
(1200)
SOURCES:
30],]10
REVENUES:
CASH FROM FUND RESERVE
PROPERTY TAXES
3,110,750
749,230
REV£N(JES:
OTHER TAXES
PROPERTY TAXES
GRANTS, CONTRIBUTIONS
USC, PERMITS,
FWES&FORFEITURES
OTHER TAXES
PROP RENTAL &SALES
500
917,965
GRANTS, CONTRIBUTIONS
8,350,000
27,000
349,000
1,1]],105
3,]]3,000
EINES & FORFEITURES
INTEREST INCOME
22,000
225,000
PROP REMAL&SALES
55,000
40,000
134,920
113,110
CHARGES FOR SERVICES
4,421,000
349,600
939,965
UJTEREST INCOME
3,]]3,000
28,000
TOTAL REVENUES
FUND TRANFERSIN
202,]55
3,500
RECREATION,ODPIRFEES
460,115
558,685
2,058,250
1,23],105
3,]]3,OW
MISCELLANEOUS
TOTAL SOURCES
3,000
8,350,000
4,534,000
40,000
134,920
136,610
TOTAL REVENUES
FUND TR ANFERS IN
5,000
55,100
1,550,000
8,]50,000
],644,]50
5,000
95,100
134,920
2,435,840
TOTALSOURCES
FY2017
FLEET
FLEET
HEALTH
AEPF/PFPF
SERVICE
FUND
TRUST
FUND
USUR
AIS TRUST
PENSION
7000
(71 0)
FUND
(7200)
FUND
(7300)
FUND
8000),(8100,(8400)
SOURCES:
CASH FROM FUND RESERVE
6,330
1,118,285
30],]10
REVENUES:
PROPERTY TAXES
USC,PBRMITS,
OTHER TAXES
GRANTS, CONTRIBUTIONS
FWES&FORFEITURES
PROP RENTAL &SALES
500
917,965
350,000
CHARGES FOR SERVICES
349,000
1,1]],105
3,]]3,000
12,000
INTEREST INCOME
22,000
225,000
RECREATION, OTHER FEES
MJSCELLANEOUS
100
349,600
939,965
1,1]],105
3,]]3,000
587,000
TOTAL REVENUES
FUND TRANFERSIN
202,]55
60,000
460,115
558,685
2,058,250
1,23],105
3,]]3,OW
],354,825
TOTAL SOURCES
Silon PeMnSlEceMudget FY201MNAL Bodgel Ordin8nce-M017(Cler wpy)\Ordinanc
SECTION2. The following sums ofmom, are Eaebyappmpriate for Fiscal Year 2016-2017.
FY2017
GENERAL
FUND
(1000)
MUMC@AL
Am
PROGRAM
Fl N
(2300)
WVESTMENT
FUND
(2400)
CDBG
FUND
(2600)
APPROPRIATIONS:
GENERALGOVERMvDNT
1,578,045
763,450
FINANCE
1,047,075
IEFORMATIONSYSTEMS
678,830
PLANN84G
1,031,750
209,00
POLICE
9,585,295
30,750
299,605
PER
8,188,480
201,510
ENCIPUBUC WORKS
4,083,085
2,023,000
7,273,895
PARKS SERVICES
3,184,075
944,345
CABLE AUTHORITY
112,710
H R.IGHIS
41,035
ENGEJEER84G
1,217,255
FRIMANRESOURCES
375,740
IIWESTMENTFI3ND
783,800
DEBT SERVICE/E911
1,748,780
3,468,995
155,780
SOLID WASTE OPERATION
FLEET MANTENANCE
PENSIONS
OTIAER (PIC, LEAVE ACCRUAL)
CASHCARRYFORWRDBESRV
100,000
2,152,030
FUND TRANSFERS OUT
3,511,730
1 4,138,700
2,072,835
34,fi35,105
2,023,000
5,022,500
209,000
TOMkLAPPROPRWTIONB
FY2017
E911
FUND
Q111)
CODRT
AWARDS
FUND
(2700)
GENERAL
DEBT
SERVICE
FGND
(3000)
CB
FUND
(4000)
APPROPRIATIONS:
GENERALGOVERNMENT
763,450
FE4ANCE
INFORMATION SYSTEMS
PLANNBiG
509,735
POLICE
30,750
299,605
FIRE
201,510
ENGRUBLIC WORKS
7,273,895
PARKS SERVICES
944,345
CABLE AUTHORM
HUMAN RIGHTS
ENGRVEERBNG
HUMAN RESOURCES
INVESTMENT FUND
DEBT SERVICE/E911
1,748,780
3,468,995
155,780
SOLD WASTE OPERATION
FLEETMAWTE CE
PENSIONS
OTHER(NC, LEAVEACCRUAL)
CASH CARRY FORWRD/RESRV
2,152,030
FUNDTRANSFERSOUT
7,500
2,072,835
1,756,280
30,750
3,468,995
14,373,185
TOTALAPPROPRIATIONS
5:11on PaIXinslE cepBudge1FY201T%MAL6udget Orlinance— FY2017(Clekcopy)\Ordinance
FY2017
BOND
FUND
(42)
SOLD,
WASTE
FUND
(5000)
TRANSIENT
BOAT
DOCK
(53)
CIVIC
CENTER
FUND
5100)
RENTAL
FUND
(1100)
RADIO
FUND
(1200)
APPROPRIATIONS:
GENERAL GOVEREMa l'
GENERAL GOVERNMENT
FINANCE
2,058,250
FINANCE
300
INFORMATION SYSTEMS
2,435,840
DNFORMATION SYSTEMS
PLANNING
PLANNING
POLICE
POLICE
ENGNUBLIC WORKS
FIRE
PARKS SERVICES
ENG/PUBLIC WORKS
CABLE AUTHORITY
134,920
PARKS SERVICES
5,000
95,100
CABLE AUTHORITY
ENGINEERING
HUMAN RIGHTS
HUMAN RESOURCES
1,187,605
3,773,000
ENGINEERING
DEBTSERVICE/E911
HUMAN RESOURCES
SOLID WASTE OPERATION
DIEIVTFUND
FLEET MUSTP.WANCE
558,685
DEBT EBTSESERVICE/E911
PENSIONS
SOLID WASTE OPERATION
1}54,525
5,288,155
ITSIT MAINTIET'l
CASHCARRYFORWRDRIESRV
9,500
.
PENSIONS
558,685
OTHER (PJC, LEAVE ACCRUAL)
1,237,105
3,773,000
t}54,825
TOTALAPPROPRIATIONS
CASH CARRY FOR WRD/RESRV
FUND TRANSFERS OUT
8}50,000
2,356,595
8}50,000
],644,'150
5,000
95,100
1]4,920
2,435,840
TOTAL APPROPRIATIONS
FY2017
FLEET
SERVICE
FUND
(7000)
FLEET
TRUST
FUND
(7100)
INSUR
FUND
(7200)
HEALTH
ITS TRUST
FUND
(7300)
AEPF/PFPF
PENSION
FUND
8000),8100),(8400)
APPROPRIAT/ONS:
GENERAL GOVEREMa l'
FINANCE
2,058,250
300
INFORMATION SYSTEMS
PLANNING
POLICE
FIXE
ENGNUBLIC WORKS
PARKS SERVICES
CABLE AUTHORITY
HUMAN RIGHTS
ENGINEERING
HUMAN RESOURCES
1,187,605
3,773,000
INVESTMENT FUND
DEBTSERVICE/E911
SOLID WASTE OPERATION
FLEET MUSTP.WANCE
558,685
PENSIONS
1}54,525
OTHER (PIC, LEAVE ACCRUAL)
CASHCARRYFORWRDRIESRV
9,500
FUND TRANSFERS OUT40,000
558,685
2,058,250
1,237,105
3,773,000
t}54,825
TOTALAPPROPRIATIONS
SECTION3. The CityMmagerand Finance Director will publish a budget document which refiede the fundingpnerhas adby the City Commission during
their budget workshops and which will be used to interpretthe above appropriations on the City+s website.
SECTION4. The City does hadal use following financial managunent policies:
A The General Fard'smidanamundesignated dash balenceshallbe)OhoRhe General Fand'sbudgmedexpend ual Thelnveemmnt Frind'sminimam
undesignated cash balance shall be Iamb ofthe mveso-nent Fund's bodgetd expenditures. The Solid Waste Fund's minimum unreserved ash balmce shall be l0%ofthe
Solid Waste's budgeted operating expenses. The Debt Service Fwd's minimum cash balance shall be not less than 5650,000.
B. The Ciry Manager ordesieoee is authorized to haysf appropriated amounts between funds, depemnental budget line items, projects, between divisions
ofdepamnents, and between deparmtenta as shown in Section 2.
C. Appropriations designated as Commission r nfingeneysholl be obligated upon approval by the City Comrsonionbymunicipal order.
D. Funds appropriated as Adminidradve comingencyshall be obligated at the discretion afthe CityManager,however, the City Commission shall be nothad
five calendar days prior to obligefion of the expenditure. Ifany individual memberofthe Board of Commissioners requau Commission review ofa proposed
expenditere, the City Manager shall bring expenditure before the Commission for approval bymunidpal order, or not proceed
E. City Manager shall assurethat mourning revenues and resources are greater than or equal to recurring expenditures.
F. The City Manager has the authority to enact a budget allowtlon program or to transfer finds to or fiom any depar arenml line item appropriadon.
S:Von Perkins\&cMBud,d FY201TFINAL Budget Ordinance— FT2017 (Clerk coadiOrdmance
G. As new vehicles are squired, the City will fullyfund the But Lease Trust Fund in order to replace rolling stack owned by the Meet lyase Trust Fund as it
achieves obsolescence. The Fleet Lease Trost Fund shall be funded with monthly lease charges assigned to mlling stock as determined by the Finance Director .,his
designee. All rolling stock is owned by Ne Citys But lease Tmet Fund.
H. The Citywill maintain a selfinsutaded fund called Hwlth insurance Trust Fund through the use ofuser fees asset by administrative policy.
L The City will condone to maintain the Appointive Employees Pension Frond (AEPF)in a Polly funded stands through sound financial management and/or
uncial General Fund transfers as designated in the budget dce.ene The AEPF may be combined with rhe PFPF should it be determined, by the Finance Director, that
suchacombinaoon isadminisbntivelymofeeffec¢tiveandbrfinanciallypmdent.
1. Nfixal year2006, the City issued a Geneal Obligation Bond for the Police and Firefighters Pension Fund(PFPF) bringing the fund up w an actuanally
sound basis;however, therrulti-yearmusion starengin fiscal year2009 reduced the fund's carpus tradnganewmfunded liability. Fundingispmvidedinrbe General
Fund of Nis ordinance to further address the NTFunfunded liability.
K The Citywlll provide wall eligible employees up to a $221.00 per month credit (for the months of July- December 2016) robe applied to Ne
Comprehensive Ralth Insurance Benefit Plan (Cafeteria Plan) as directed bythe employe. la January 2012, Nis monthly.edit maybe adjusted by the City
Commission as recommended by the City Manager m his designee.
L The Cirywill maintain a special fund called Investment Fund, and is considered an extension of the Genemi Fund. The Investment Fund will be funded
with a 1R cent increase in the Citys ocwpational license fee (employee payroll withholding had. This fund is dedicated to the following expenditures: economic
development, neighborhood redevelopment, infrastructure capital investment and property tax relief.
M. Oak Grave Cemetery(PM048) project will be fended in the following manner 20%c all cemetery lot sales, and 5%c all cemetery crypt sales will be
credited to Ne pod"L Proceeds are in be used solely for the general we, maintenance, and embellishments of the cemetery.
SECTIONS Finance Director is possible for maintaining current table of Estimated Revenues in Section l and Appropriation ofFunds in Section 2 and to
provide a copy to the City Clerk
Yd -ring the course of the year the City Commission adopts Ordinances to anticipate new revenues or to make new appropdadmB, the Finance Director will
update than Tables and provide a copy to the City Clerk.
SECflON6. This ordinance shall be readon two separate days and will become eHecfive upon publication in full purmant to KRS ChVmr424.
ATTEST:
Tammaa Sanderson, City Clerk
Introduced by the Board ofCommiaiovers, December 12, 2012
Adopted by the Board of Commissioners, December 19, 2012
Recorded by Tammaa Sanderson, City Clerk December_ 2012
Published by The Paducah Sun,
Mayor
Solan Pu,nsl uxreMudget FY201TFINAL Budget Ordinance — F 2017 (Clark copy)lordnance
Agenda Action Form
Paducah City Commission
Meeting Date: 12/12/2017
Short Title: Amend Budget Ordinance to Correct Clerical Error
❑Ordinance ❑ Emergency ® Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Tammara Sanderson, City Clerk
Presentation By: Tammara Sanderson, City Clerk
Background Information:
The ordinance adopted on November 28 transferred $25,000 from the General
Fund fund reserves to the Transient Boat Dock Fund. When in actuality the
ordinance language should have stated transfer monies from the Transient Boat
Dock Fund fund reserves to the Transient Boat Dock Fund.
Goal: ❑Strong Economy ❑ Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
Amend Ordinance No. 2017-11-8503
Attachments: Ordinance No. 2017-11-8503
i
Department Head City Clerk City Manager
ORDINANCE NO. 2017 -12 -
AN ORDINANCE AMENDING ORDINANCE NO. 2017-11-8503,
ENTITLED, "AN ORDINANCE AMENDING ORDINANCE NO. 2017-06-8487,
ENTITLED, `AN ORDINANCE ADOPTING THE CITY OF PADUCAH,
KENTUCKY, ANNUAL BUDGET FOR THE FISCAL YEAR JULY 1, 2017,
THROUGH JUNE 30, 2018, BY ESTIMATING REVENUES AND RESOURCES AND
APPROPRIATING FUNDS FOR THE OPERATION OF CITY GOVERNMENT"'
WHEREAS, the FY2018 Budget Ordinance No. 2017-06-8487 was
amended on November 14, 2017; and
appropriated.
WHEREAS, a clerical error was made in Section 1, bullet point 2; and
WHEREAS, it is necessary to make a correction so monies can be re -
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Ordinance No. 2017-11-8503 is hereby amended to
read as follows: "That the annual budget for the fiscal year beginning July 1, 2017, and
ending June 30, 2018, Ordinance No. 2017-06-8487, be amended by the following re -
appropriations:
• Transfer $320,000 from Solid Waste Fund fund reserves to the Solid
Waste Fund (5000)
• Transfer $25,000 from General Fun Transient Boat Dock Fund fund
reserves to Transient Boat Dock Fund (5300)
• Transfer $52,000 from General Fund fund reserves to General
Government — General Fund (1000)
• Transfer $72,000 from Fleet Lease Trust Fund fund reserves to Fleet
Lease Trust Fund (7100)'
SECTION 2. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Sanderson, City Clerk
Mayor
Introduced by the Board of Commissioners, December 12, 2017
Adopted by the Board of Commissioners, December 19, 2017
Recorded Tammara S. Sanderson, City Clerk, December 19, 2017
Published by The Paducah Sun,
\ord\finance\budget correction 2017-18 - Dec 2017
122
Agenda Action Form
Paducah City Commission
Meeting Date: December 19, 2017
Short Title: Paducah Human Rights Commission — Ordinance Repeal and Replace
®Ordinance ❑ Emergency ❑ Municipal Order ❑ Resolution ❑ Motion
Staff Work By: Jeff Pederson
Presentation By: Jeff Pederson
Background Information:
The Paducah Human Rights Commission was created by Municipal Ordinance in 1968 for the purpose of
safeguarding individuals through the establishment of certain classes of discrimination in the community from
which residents can bring forward and file discrimination complaints for investigation and determination by
the Commission. The HRC maintains an office in City Hall with staffing that included part time Secretary as
well as an Executive Director position that has alternated over the years between full time, part time, and
unfilled. The Board is currently comprised of nine members, and it meets monthly to review and make
determinations upon complaints of discrimination. Activities associated with receiving and investigation of
complaints have been conducted at both the Board and staff level, and the Board is also empowered to
require cessation of violations as well as issue remedial orders. The Paducah HRC has also conducted
advocacy programs focused around residents' rights in the several defined areas of discrimination.
Over the past several months, the operation of the Human Rights Commission has come under review for its
ability to effectively and correctly manage these responsibilities. Additionally, consideration has been given to
whether the present Ordinance covers all forms of discrimination that the community values. This has
resulted in the need to repeal the existing Ordinance if favor of a new Ordinance that reflects desired
additions to discriminatory categories as well as changes to administrative functions and procedures.
Goal: ❑Strong Economy ® Quality Services❑ Vital Neighborhoods❑ Restored Downtowns
Funds Available: Account Name:
Account Number: Finance
Staff Recommendation:
The attached Ordinance repeals the existing Ordinance and replaces it with an Ordinance that contains the
following substantive changes:
1. The addition of Age and Gender Identity and Sexual Orientation to the list of unlawful discriminatory
practices that are safeguarded by the Ordinance.
2. A Human Rights Commission comprised of five members (reduction from nine members).
3. Complaints made to Commission regarding race, color, religion, sex, age, familial status, handicap, or
national origin must be filed with the Kentucky Commission on Human Rights where all functions and
duties associated with the disposition of the complaint will be conducted.
Agenda Action Form Page 2
4. Complaints associated with a grievance or unlawful practice relating to gender identity or sexual
orientation will be filed with the Paducah Human Rights Commission, following which notification will
be made to the City Manager's Office and the investigation will be conducted by the HRC with
assistance from corporation counsel as necessary.
5. The HRC is obligated to conduct programs to educate the public and to promote equality for all
through community partnerships.
6. There is no provision for the position of Executive Director.
Recommend to the City Commission to repeal the existing Ordinance and pass the proposed new
Ordinance.
Attachments:
Ordinance
Department Head City Clerk City anager
208287
CITY OF PADUCAH
ORDINANCE NO. 2017 — 12 —
AN ORDINANCE REPEALING CHAPTER 58 OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY AND
REPLACING IT IN ITS ENTIRETY
WHEREAS, this Ordinance will repeal and supersede Chapter 58 of the Code of
Ordinances of the City of Paducah, Kentucky, which governs Human Relations; and
WHEREAS, this Ordinance will replace this chapter with a new Chapter 58, which will
read as described below;
NOW THEREFORE be it ordained by the City Commission of the City of Paducah as
follows:
SECTION A. Chapter 58 of the Code of Ordinances shall read as follows:
ARTICLE 1. IN GENERAL
Section 58-1. —Purpose and general policy.
It is the purpose and policy of the city to safeguard all individuals within the city from
discrimination because of race, color, religion, age, familial status, handicap, sexes, national
origin,, gender identity, or sexual orientation in connection with employment, places of public
accommodation, and housing, thereby to protect their interest in personal dignity and freedom
from humiliation, to make available to the city their full productive capacities, to secure the city
against strife and unrest which would menace its democratic institutions, and to further the
interests, rights, and privileges of all individuals within the city.
Section 58-2. —Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Ate. Age forty (40) years and over.
Commission. The city Human Rights Commission.
Commissioner. A member of the Commission.
_Discrimination. Any direct or indirect act or practice of exclusion, distinction,
restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation
or preference in the treatment of a person or persons because of race, color, religion, familial
status, handicap, sex -of, national origin gender identity, or sexual orientation, or the aiding,
abetting, inciting, coercing or compelling thereof.
Version 2
Employee. An individual employed by an employer, but does not include an individual
employed by his parents, spouse or child, or an individual employed to render services as a
domestic in the home of the employer.
_Employer. A person who has eight or more employees within the state in each of 20 or
more calendar weeks in the current or preceding calendar year and an agent of such a person.
_Employment agency. A person regularly undertaking with or without compensation to
procure employees for an employer or to procure for employees opportunities to work for an
employer, and includes an agent of such person.
_Financial institution. A bank, banking organization, mortgage company, insurance
company, or other lender to whom application is made for financial assistance for the
purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvement
of real property, or an individual employed or acting on behalf of any of these.
Gender identity. Manifesting a gender identity not traditionally associated with one's
biological or psychological maleness or femaleness.
_Housing accommodation. Includes improved and unimproved property and means a
building, structure, lot or part thereof which is used or occupied, or is intended, arranged or
designed to be used or occupied, as the home or residence of one or more individuals.
_Labor organization. A labor organization and an agent of such an organization,
including an organization of any kind, an agency or an employee representation committee,
group, association, or plan so engaged in which employees participate and which exists for the
purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours, or other terms or conditions of employment, and a conference,
general committee, joint or system board, or joint council so engaged which is subordinate to a
national or international labor organization.
_Person. Includes one or more individuals, labor unions, joint apprenticeship
committees, partnerships, associations, corporations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy,
receivers, or other legal or commercial entity.
Place ofpublic accommodation, resort or amusement. Includes any place, store or other
establishment, either licensed or unlicensed, which supplies goods or services to the general
public or which solicits or accepts the patronage or trade of the general public or which is
supported directly or indirectly by government funds, except that:
(1) _A private club is not a place of public accommodation, resort or amusement if its
policies are determined by its members and its facilities or services are available only to
its members and their bona fide guests; and
(2) _'Place of public accommodation, resort or amusement" does not include beauty shops or
barber shops as defined in KRS 317.410 nor a rooming or boarding house containing not
more than five rooms for rent or hire and which is within a building occupied by the
Version 2
proprietor as his residence, nor establishments catering exclusively to men or women
only which do not otherwise violate a state or federal law prohibiting such
discrimination.
_Real estate broker or real estate sales person. An individual, whether licensed or not,
who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who
with the intention or expectation of receiving or collecting the same, lists, sells, purchases,
exchanges, rents or leases real estate, or the improvements thereon, including options, or who
negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other
encumbrance, upon a transfer of real estate, or who is engaged in the business of charging an
advance fee or contracting for collection of a fee in connection with a contract whereby he
undertakes to promote the sale, purchase, exchange, rental or lease of real estate through its
listing in a publication issued primarily for such purpose; or an individual employed by or
acting on behalf of any of these.
_Real estate operator. Any individual or combination of individuals, labor unions, joint
apprenticeship committees, partnerships, associations, corporations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in
bankruptcy, receivers or other legal or commercial entity, the county or any of its agencies,
that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate,
or the improvements thereon, including options, or that derives income, in whole or in part,
from the sale, purchase, exchange, rental or lease of real estate; or an individual employed by
or acting on behalf of any of these.
_Real property. Includes buildings, structures, real estate, lands, tenements, leaseholds,
cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in
the above.
Sexual orientation. An individual's actual or imputed heterosexuality, homosexuality or
bisexuality.
Section 58-3. —Penalty.
Whoever violates any provision of this chapter shall, in addition to any and all other
remedies set forth herein, be subject to the maximum fine and/or imprisonment amounts
permitted to be imposed by this city under all applicable state and/or federal law.
Sections 58-4-58-30. Reserved. are hereby reserved.
ARTICLE II. —HUMAN RIGHTS COMMISSIONtH
Section 58-31. —Established.
(a) As used in this article, the word "Commission" shall mean the Human Rights
Commission established by this article.
(b) There is hereby established a city Human Rights Commission.
Version 2
Section 58-32. —Composition; appointment, term and compensation of members.
(a) The Commission shall be composed of nine five members. The members shall
be appointed by the Mayor, subject to the approval of the Board of Commissioners, who shall
select persons who are as nearly as possible representative of the several social, economic,
religious, cultural, ethnic and racial groups which comprise the population of the Greater
Paducah Area. In addition, each member shall be a resident of the Greater Paducah Area.
(b) No elected or appointed official of the city or of the county may be a member
of the Commission.
(e) Effective immediately, tIffee of the members of the Cennnission appointed tO E4iGO in
1979 shall serve for a term of ene year, thiee of the members of the Commission appairAe
office in 1979 shall serve 1;4i: �PFffls Rf twe years, and thfee of the mefflberS Of the CORHnisSiOfi
inted fR offiep, i4q 4 979 shall serve fei: temas ef three years. Upon expireFtien of the aferesaid
:amu (c) Upon the effective date of this Ordinance, all persons who are
currently serving as members of the Commission shall be deemed to be reappointed to
complete their present term of service. Each member appointed thereafter shall serve for a term
of three years. Upon a vacancy occurring, the Mayor, subject to the approval of the Board of
Commissioners, shall appoint a member to complete the unexpired term.
(d)— Members of the Commission shall serve without compensation, but, subject to
the approval of the Commission and within the limits imposed by the budget, they shall be
allowed their necessary expenses attendant upon their duties.
Section 58-33. —Officers.
(a)—The Mayor shall designate one of the members of the Human Rights
Commission as Chairperson, who shall serve as Chairperson at the pleasure of the Mayor.
(b)—The Commission shall elect a Secretary, a Treasurer, and such other officers,
except the Chairperson designated by the Mayor, as it shall deem necessary.
Section 58-34. —Committees.
The Chairperson of the Human Rights Commission shall appoint such committees as
the rules of the Commission shall provide and such other special committees from time to time
as the Commission may deem necessary in order to carry out the purposes of this article.
_Section 58-35. - Office space and other facilities.
The Mayor is authorized to allocate adequate office space and to provide the necessary
facilities in the City Hall for the Human Rights Commission, if such office space and facilities
are available.
Section 58-36. —Meetings; quorum.
0
Version 2
(a) The Human Rights Commission shall meet as often as it deems necessary, but it shall
meet not less than once each month.
(b) The Commission shall have the power to adopt rules to govern its proceedings. The
meetings of the commission shall be opened or closed to the public as it may deem best
in in disoretionas permitted by the Kentucky open meetings laws.
(c) A quorum of the Commission shall consist of a majority of the members
appointed to the Commission.
Section 58-37. —Powers and duties.
(a) General duties. The Human Rights Commission shall endeavor to promote and secure
mutual understanding and respect among all economic, social, ethnic, religious, and
racial groups in the city, including those representing gender identity and sexual
orientation, and shall act as conciliator in controversies involving intergroup and
interracial relations. The Commission shall cooperate with federal and state agencies and
other city agencies in an effort to develop harmonious intergroup and interracial relations
and shall endeavor to enlist the support of civic, religious, labor, industrial, and
commercial groups and civic leaders dedicated to the improvement of intergroup and
interracial relations and the elimination of discriminatory practices.
(b) Outreach Duties. The Commission shall regularly conduct, in conjunction with other
entities, programs to educate the public about their services and to promote equality
all through community partnerships.
(c) Receipt ofeempl^iM' ; figatio s; hewh � Complaints conductofstudies;
additional powers.
nThe Commission shall receive complaints; regarding race, color, religion,
national origin, sex, familial status, age, or disability, and shall facilitate the
filing of such complaints with the Kentucky Commission on Human Rights or
such other applicable state or federal agency, which agency shall be delegated
all duties and powers with respect to investigating, conciliating, hearing,
determining, ordering, or otherwise acting as to any matter regarding those
type of claims.
The Commission shall receive complaints regarding gender identity and sexual orientation,
and shall conduct investigations, hold hearings,make adieand have stteh studies
made as 1.411 e^ah-'eissue remedial orders, after notice and hearing, requiring cessation
of the discriminatory activity. In conducting these duties, the Commission to eaxfout
the purposes of tl�iq artidp.
(I)LZL(23The��shall have the power to compel the attendance of
witnesses and production of evidence before it by subpoena issued by the
Circuit Court of McCracken County.
r. issue remedial orders, after notice and hearing, requiring cessation .
(2�(�—The Commission shall conduct studies or have such studies
conducted as will enable the Commission to carry out the pumoses of this
article.
Version 2
(4) After consultation with the City Manager's office, it may utilize the offices of
corporation counsel and other agents as are necessary to carry out the duties
and powers of the Commission.
(d) Recommendations to Mayor and Board of Commissioners. The Commission shall
recommend to the Mayor and to the Board of Commissioners any legislation necessary to
accomplish the purposes of this article.
(e) Acceptance of grants and donations. The Commission, on behalf of the city, may
accept grants and donations from foundations and others for the purpose of carrying out its
functions.
Section 58-38. - Budget; expenditures.
(a) The Human Rights Commission shall prepare annually a budget for the ensuing
fiscal year, and shall submit the budget to the Mayor and the Board of Commissioners for their
approval. The Commission shall prepare and submit the budget no later than March 15 of each
year.
(b)—All budgetary expenditures shall be authorized by the Commission. The
Treasurer shall approve operational expenditures, and he shall make a semiannual financial
report to the Commission. Copies of such semiannual financial report shall be sent to the Mayor
and the Board of Commissioners.
Section 58-39. —Assistance by other departments; requests for information.
(a) The services of all departments of the eity shall be made available to the Human Rights
GORHRissieii upon it request for serviees,
(b) Information in the possession of any department, board, or agency of the city
shallmay be furnished to the Commission upon its request, and to the extent permitted by law.
Upon the refusal of the director or head of any department, board, or agency of the city to filmish
any information which has been requested by the Commission, the matter shall be referred to the
Mayor, who shall determine whether such information shall be furnished to the Commission, and
the decision of the Mayor shall be final.
Section 58-40. —Annual report.
The Human Rights Commission shall submit an annual report on March 1 of each year to
the Mayor and to the Board of Commissioners.
Section 58-41. —Enforcement of orders.
(al The proceeding for enforcement of a Human Rights Commission order isregarding
discrimination based on gender identity or sexual orientation shall be initiated by filing a
complaint in the Circuit Court. Copies of the complaint shall be served upon all parties of record
within 30 days after the filing of the complaint by the Commission, or within such further time as
the court may allow, and the Commission shall transmit to the Court the original or a certified
copy of the entire record upon which the order is based, including the transcript of testimony or
as otherwise may be stipulated by all parties to the proceeding and as established by KRS
344.340 and the rules of civil procedure.
6
Version 2
SeEs- (b) The proceeding for enforcement of orders re arding race, color religion national
origin, sex, familial status, age, or disability shall be as established by the applicable agency
which the complaint is delegated.
Sections 58-42-58-60.. Removed. are hereby reserved.
ARTICLE III. —EQUAL EMPLOYMENT OPPORTUNITIES
Section 58-61. —Unlawful employment practices.
(a)— It is an unlawful practice for an employer:
(1) To fail or refuse to hire, or to discharge; any individual, or otherwise discriminate
against an individual with respect to his or her compensation, terms, conditions,
or privileges of employment, because of such individual sindividual's race, color,
religion, familial status, handicap, sex, age, or -national origin, gender identity, or
sexual orientation; or
(2) To limit, segregate, or classify hisan employee in any way which would deprive
or tend to deprive an individual of employment opportunities or otherwise
adversely affect his or her status as an employee, because of such
inravida l'sindividual's race, color, religion, familial status, handicap, sex, age, of
national origin, gender identity, or sexual orientation.
(b) It is an unlawful practice for an employment agency to fail or refuse to refer for
employment, or otherwise to discriminate against, an individual because of race, color, religion,
familial status, handicap, sex, age, er-national origin, gender identify, or sexual orientation, or to
classify or refer for employment an individual on the basis of race, color, religion, familial status,
handicap, sex, age, er-national origin—gender identity, or sexual orientation.
(c) It is an unlawful practice for a labor organization:
(1) To exclude or to expel from its membership, or otherwise to discriminate against,
a member or applicant for membership because of his or her race, color, religion,
familial status, handicap, sex, age, or -national origin, gender identity, or sexual
orientation.
(2) To limit, segregate, or classify its membership, or to classify or fail or refuse to
refer for employment an individual, in any way which would deprive or tend to
deprive an individual of employment opportunities, or otherwise adversely affect
his or her status as an employee or as an applicant for employment, because of the
individual's race, color, religion, familial status, handicap, sex, age, emanational
origin, gender identity, or sexual orientation.
(3) To cause or attempt to cause an employer to discriminate against an individual in
violation of this section.
(d)—It is an unlawful practice for an employer, labor organization, or joint labor-
management committee controlling apprenticeship or other training or retraining, including on-
the-job training programs, to discriminate against an individual because of race, color, religion,
familial status, handicap, sex, age, emanational origin, gender identity, or sexual orientation in
admission to, or employment in, any program established to provide apprenticeship or other
training.
(e)—It is an unlawful practice for an employer, labor organization, or employment
agency to print or publish or cause to be printed or published a notice or advertisement relating
Version 2
to employment by such an employer or membership in or any classification or referral for
employment by the employment agency, indicating any preference, limitation, specification, or
discrimination based on race, color, religion, familial status, handicap, sex, age, or -national
origin, gender identity, or sexual orientation except that such a notice or advertisement may
indicate a preference, limitation, or specification based on religion, sex, age, or national origin
when religion, sex, age, or national origin is a bona fide occupational qualification for
employment.
__ M Nothing herein shall be construed to prevent an employer from:
(1) Enforcing a written employee dress policy;or
(2) Designating appropriate restroom and shower facilities.
Section 58-62. —Exceptions.
Notwithstanding any other provision of this chapter, it shall not be an unlawful practice for:
(1)—An employer to hire and employ employees, or an employment agency to classify
or refer for employment an individual, for a labor organization to classify its membership or to
classify or refer for employment an individual, or for an employer, labor organization, or joint
labor-management committee controlling apprenticeship or other training or retaining programs
to admit or employ an individual in any such program on the basis of religion, sex, age, or
national origin when religion, sex, age, or -national origin, gender identity, or sexual orientation is
a bona fide occupational qualification reasonably necessary to the normal operation of that
particular business or enterprise.
(2)—A religious corporation, association, or society to employ an individual on the
basis of religion to perform work connected with the carrying on by the corporation, association,
or society of its religious activity.
(3)—A school, college, university, or other educational institution is in whole or
substantial part owned, supported, controlled or managed by a particular religious corporation,
association, or society, or if the curriculum of the school, college, university, or other educational
institution is directed toward the propagation of a particular religion, and the choice of
employees is calculated by such organization to promote the religious principles for which it is
established and maintained.
(4)—An employer to apply different standards of compensation, or different terms,
conditions, or privileges of employment, pursuant to a bona fide seniority or merit system, or a
system which measures earnings by quantity or quality of production, or to employees who work
in different locations, provided that such differences are not the result of an intention to
discriminate because of race, color, religion, familial status, handicap, sex, age, or -national
origin, gender identity, or sexual orientation, nor is it an unlawful practice for an employer to
give and to act upon the results of any professionally developed ability test provided that such
test, its administration or action upon the results is not designed, intended or used to discriminate
because of race, color, religion, familial status, handicap, sex, age, er-national origingender
identity, or sexual orientation.
(b) The provisions of Section 58-62 in regard to sexual orientation or gender identity shall not
apply to a religious institution, or to an organization operated for charitable or educational
purposes, which is operated, supervised, or controlled by a religious corporation association or
society.
Version 2
Se.�-58-80—Reserved. are hereby reserved.
ARTICLE IV. —PLACES OF PUBLIC ACCOMMODATION
Section 58-81. —Unlawful discriminatory practices.
(a) Except as otherwise provided in this chapter, it is an unlawful practice for a
person to deny an individual the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of a place of public accommodation, resort, or
amusement as defined in section 58-2-, section 58-2, on the grounds of race, color, religion,
familial status, handicap, sex, age, or -national origin, gender identity, or sexual orientation.
(b) It is an unlawful practice for a person, directly or indirectly, to publish,
circulate, issue, display, or mail, or cause to be published, circulated, issued, displayed, or
mailed, a written, printed, oral, or visual communication, notice, or advertisement, which
indicates that the goods, services, facilities, privileges, advantages, and accommodations of a
place of public accommodation, resort, or amusement will be refused, withheld, or denied an
individual on account of race, color, religion, familial status, handicap, sex, age, er-national
origin, gender identity, or sexual orientation or that the patronage of, or presence at, a place of
public accommodation, resort, or amusement of an individual on account of race, color,
religion, familial status, handicap, sex, age, or -national origin, gender identity, or sexual
orientation is objectionable, unwelcome, unacceptable, or undesirable.
(c) This section shall not apply with regards to sex and gender identity to the following:
(1) Restrooms, shower rooms, bathhouses, and similar facilities which are, by their
T nature, distinctly private;
(2) YMCA, YWCA and similar dormitory -type lodging facilities;
(3) The exemptions contained in the definitions of place of public accommodation,
resort, or amusement as set forth in section 58-2;
(4) Hospitals, nursing homes, schools, childcare facilities, jails, penal or similar
facilities with resnect to anv requirement that men and women not be in the
same room
Sections 58-82-58-100. wed. are hereby reserved.
Version 2
oil 1111,101
Se.�-58-80—Reserved. are hereby reserved.
ARTICLE IV. —PLACES OF PUBLIC ACCOMMODATION
Section 58-81. —Unlawful discriminatory practices.
(a) Except as otherwise provided in this chapter, it is an unlawful practice for a
person to deny an individual the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of a place of public accommodation, resort, or
amusement as defined in section 58-2-, section 58-2, on the grounds of race, color, religion,
familial status, handicap, sex, age, or -national origin, gender identity, or sexual orientation.
(b) It is an unlawful practice for a person, directly or indirectly, to publish,
circulate, issue, display, or mail, or cause to be published, circulated, issued, displayed, or
mailed, a written, printed, oral, or visual communication, notice, or advertisement, which
indicates that the goods, services, facilities, privileges, advantages, and accommodations of a
place of public accommodation, resort, or amusement will be refused, withheld, or denied an
individual on account of race, color, religion, familial status, handicap, sex, age, er-national
origin, gender identity, or sexual orientation or that the patronage of, or presence at, a place of
public accommodation, resort, or amusement of an individual on account of race, color,
religion, familial status, handicap, sex, age, or -national origin, gender identity, or sexual
orientation is objectionable, unwelcome, unacceptable, or undesirable.
(c) This section shall not apply with regards to sex and gender identity to the following:
(1) Restrooms, shower rooms, bathhouses, and similar facilities which are, by their
T nature, distinctly private;
(2) YMCA, YWCA and similar dormitory -type lodging facilities;
(3) The exemptions contained in the definitions of place of public accommodation,
resort, or amusement as set forth in section 58-2;
(4) Hospitals, nursing homes, schools, childcare facilities, jails, penal or similar
facilities with resnect to anv requirement that men and women not be in the
same room
Sections 58-82-58-100. wed. are hereby reserved.
Version 2
ARTICLE V. -FAIR HOUSING
I1. —Unlawful housing
it is an enlawful practice for a real estate
salesperson, or an individual employed by or aeting en behalf of aay ef these,�-.
Except as otherwise provided herein, it shall be a prohibited unlawfulrap ctice:
(1) Refuse To refuse to sell, purchase, exchange, rent; or lease, or otherwise deny to
or withhold retial proper}any housing accommodation from an-ind viduala person because of his
or her race, sex, age, color, religion, familial status, handicap -or, sex, ase, national origin,
sender identity, or sexual orientation:
(2)nate To discriminate against an individuala person because of that
person's race, sex, age, color, religion, familial status, handicap-er, sex, ase, national origin -in
the-, sender identity, or sexual orientation in terms, conditions, or privileges of the sale,
purchase, exchange, rental, or lease of real prepfft�-,any housing accommodation or in the
furnishing of the facilities or services in connection therewith;
(3)—mouse To refuse to receive or transmit or negotiate a bona fide offer to sell,
purchase, exchange, rent; or lease real propert yany housing accommodation from an
individttalor to a person because of his or her race, sex, age, color, religion, familial status,
handicap -or, sex, age, national origin;;-, gender identity, or sexual orientation;
_(4)Rsfil�qp To represent to negetiatea person that any housing accommodation is not
available for theinspection, sale, purchase, exchange, rental, or lease of real property
drialwhen in fact it is so available because of that person's race, sex, age,
color, religion, familial status, handicap, sex, age, national origin;
cyir�ss�efentf�sssssxsrrsss�eetRa!ssre�s_
beeause of faee, sex, age, ealer, religien, familial status, handicap, gender identity, or national
etiginj-sexual orientation.
Section 58-102. -Exceptions.
_(a) Nothing in section 58-101 shall apply to:
(1) (1The rental of a housing accommodation in a building which contains
housing accommodations for not more than two families living independently of
each other, if the owner or a member of his family resides in one of the housing
accommodations;
(2) (2) The rental of one room or one rooming unit in a (portion of a) housing
accommodation by an individual (the occupant of the housing accommodation or
by the owner of the housing accommodation) if he or a member of his family
resides therein; or
(3) (3) A religious institution, or an organization operated for charitable or
educational purposes, which is operated, supervised or controlled by a religious
corporation, association or society, to the extent that the religious corporation,
association, or society limits or gives preference in the sale, lease, rental,
10
Version 2
assignment, or sublease of real property to individuals of the same religion, or
makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is
calculated by such religious corporation, association, or society to promote the
religious principles for which it is established or maintained.
(b) Nothing in this chapter shall be construed to affect the legal rights of a private
individual homeowner to dispose of his property through private sale without the aid of any real
estate operator, broker or salesperson, and without advertising or public display.
(c) Nothing in this article shall require a real estate operator to negotiate with any
individual who has not shown evidence of financial ability to consummate the purchase or rental
of a housing accommodation.
Section 58-103. UnlawgWnaneial practices.
it is an unlawful practiee for a financial institution or an ifidividual empleyed by or aeting 0
(1) To discriminate against an individual because of the raee, ealer, religion, sex, age,
fian;ilial handicap or national origin of the individual or the present or
prespeetive avaier, tenant or oeeupan4 of the real property, or of a member, steekholder-,
director, officer, empleyee, or representative of an), of these, in the granting,
wi4ihelding, extending, modif�,ing or renewing the rates, teFms, eenditions, privileges
therewith; or
�2) To use a form of applieation for financial assistanee of to make or keep a record 0
or indirecdy, a limitation, speeifieation, or discrimination as to raee, eel
age, familial sta4us, handicap or national origin of an inteR4 4e make such a limita4ien,
speeifleation, or disefimination as to race, color, religion, sex, age, fafflilial status;
handicap or na4ianal origin or an intent to malEe sush a limitation, specification or
Cee. 58-104. Violations committed as agent for another.
It shall be no defense to a violation of this article by a real estate operator, real estate
broker, real estate salesperson, financial institution, or other person subject to the provisions of
this article that the violation was requested, sought or otherwise procured by a person not subject
to the provisions of this article.
Sections 58--105 104 -58-130. Reserved. are hereby reserved.
ARTICLE VI. —ADMINISTRATION AND ENFORCEMENT-.
Section 58-131. —Conspiracy to violate chapter.
It shall be an unlawful practice for a person, or for two or more persons, to conspire:
(1) To retaliate or discriminate in any manner against a person because he has
opposed a practice declared unlawful by this chapter, or because he has made a charge, filed a
complaint, testified, assisted or participated in any manner in any investigation, proceeding, or
hearing under this chapter; or
11
Version 2
(2)— To aid, abet, incite, compel, or coerce a person to engage in any of the acts or
practices declared unlawful by this chapter; or
(3) To obstruct or prevent a person from complying with the provisions of this
chapter or any order issued thereunder; or
(4)—To resist, prevent, impede, or interfere with the city Human Rights Commission,
or any of its members or representatives, in the lawful performance of duty pursuant to the Code
of Ordinances of the city.
Section 58-132. —Complaint procedure.
The eity Human Rights Ge ission shall have the Power and duty to en force the provisions
o l.apf this ete«
of this
ft; m 4 =. ividual elaiming te be aggrieved by an unlawful practice, or a member of the
(a) An individual claiming to be aggrieved by an unlawful practice relating to race color,
religion, sex, age, familial status, handicap or national origin may seek the Commission's
assistance in contacting the Kentucky Commission on Human Rights, or such other applicable
state or federal agency with which a complaint may be filed. The complaint must be filed within
six months after the alleged unlawful practice occurred. Upon such filing, the Kentucky
Commission on Human Rights, or other applicable state or federal agency will be delegated all
functions, duties, and powers with respect to investigating conciliating hearing determining
ordering certifying, reporting, or otherwise acting as to any work, business, or matter regarding
such claim.
(b) An individual claiming to be aggrieved by an unlawful practice relating to gender
identity or sexual orientation may file with the Commission a written (sworn) complaint stating
that an unlawful practice has been committed, setting forth the facts upon which the complaint is
based, and setting forth the facts sufficient to enable the Commission to identify the person(s)
charged (respondent(s)). The complaint must be filed within six months after the alleged
unlawful practice occurred.
(1) (e)-Tk€Upon filing of the complaint, the Commission, or its designated
committee, shall make a prompt and full investigation of each complaint.
(2) (d) -If it is determined that there is no probable cause to believe that the
respondent is engaged in an unlawful practice, the Commission shall issue an
order dismissing the complaint:
(3) (e) -If it is determined, after investigation, that there is probable cause to
believe the respondent has engaged in an unlawful practice, the Commission
shall endeavor to eliminate the alleged unlawful practice by conference;
conciliation, and persuasion. The terms of the conciliation agreement reached
with the respondent may require him to refrain from the
Commi-ssio commission of unlawful discriminatory practices in the future and
make such further provisions as may be agreed upon between the Commission
and the respondent. Except for the terms of the conciliation agreement, neither
the Commission nor any officer or employee thereof shall make public,
without the written consent of the complainant and the respondent,
information concerning efforts in a particular case to eliminate an unlawful
practice by conference, conciliation, or persuasion, whether or not there is a
determination of probable cause or a conciliation agreement.
12
Version 2
(4) Wln any case of failure to eliminate the alleged unlawful practice by means
of conference, conciliation, and persuasion, the Commission shall hold a
public hearing to determine whether or not an unlawful practice has been
committed. The Commission shall serve upon the respondent a statement of
the charges made in the complaint and a notice of the time and place of the
hearing. The hearing shall be held not less than ten days after the service of
the statement of charges. The respondent shall have the right to file an answer,
to appear at the hearing in person or be represented by an attorney, and to
examine and cross-examine witnesses. A determination of probable cause
shall in no way create a presumption of a violation.
(5) (g) -If three-fourths of the Commissioners attending a duly constituted hearing
determine that the respondent has engaged in an unlawful practice, the
Commission shall state its findings of fact and conclusions of law and shall
issue an order requiring the respondent to cease and desist from the unlawful
practice. If the Commission fails to determine that the respondent has engaged
in an unlawful practice, the Commission shall so state and shall issue an order
dismissing the complaint.
(6) (h) -In connection with an investigation of a complaint filed under this
sectiensubsection, the Commission or its designated representatives at any
reasonable time may request access to the premises, records, and documents
relevant to the complaint and the right to examine, photograph, and copy
evidence, but all such evidence not otherwise presented at a public hearing
shall be of a confidential nature.
(7) (i) --Where a real estate broker or a real estate salesperson has failed to comply
with any order issued by the Commission or has been found to have
committed an unfair housing practice in violation of this chapter, the
Commission shall notify in writing the president of the local real estate board
of the failure to comply or of the violation.
Sections 58-133-58-150... moved. are hereby reserved.
13
Version 2
lilt I
13
Version 2
�I
I
06
I
•• jilt
of
IN M•MI
1
06
SECTION B. Effective Date. This Ordinance shall be read on two separate days and become
effective upon summary publication pursuant to KRS 424.
SECTION C. Repeal of Ordinances. Upon the publication and on the effective date of this
ordinance, the following Chapter shall be repealed in its entirety and superseded with this
Ordinance: Chapter 58.
TUMN SIN
14
Version 2
ATTEST:
City Clerk
Introduced by the Board of Commissioners, December 12, 2017
Adopted by the Board of Commissioners, 2017
Recorded by City Clerk, 2017
Published by The Paducah San, 2017
Ord\58-Human Rights Ordinance — Repeal & Replace
15
Version 2