Loading...
HomeMy WebLinkAbout98-8-5927/{rY►�NAO by. Zovo-off-10153 3 COMMONWEALTH OF KENTUCKY CITY OF PADUCAH ORDINANCE NO. 98-8-5927 AN ORDINANCE OF THE PADUCAH CITY COMMISSION ESTABLISHING A JOINT SEWER AGENCY WHEREAS, the legislative bodies of the City of Paducah and McCracken County have established the need to provide a comprehensive wastewater collection and treatment system within McCracken County; and WHEREAS, the legislative bodies of the City of Paducah and McCracken County have agreed that the need for the aforementioned system would best be administered by a separate legal entity; and WHEREAS, the legislative bodies of the City of Paducah and McCracken County agree that Board appointments to this entity shall consist of representatives from both the City of Paducah and McCracken County; and WHEREAS, the legislative bodies of the City of Paducah and McCracken County have selected a joint sewer agency to be the legal entity, as set forth in KRS 76.231, to administer and provide comprehensive wastewater services for Paducah and McCracken County; and WHEREAS, KRS 76.231 provides for the creation of a joint sewer agency upon the enactment of identical ordinances establishing and setting out the powers of the joint sewer agency by both the legislative bodies of the City of Paducah and McCracken County; and WHEREAS, in order to establish the joint sewer agency, the City of Paducah and McCracken County have decided to merge into the joint sewer agency Sanitation District No. 5 (Concord), Sanitation District No. 2 (Lone Oak), the sanitary sewer facilities and operations of Woodlawn Water and Sewer District and Reidland Water - Sewer District, and the sanitary and combined sewer facilities and operations of the City of Paducah Wastewater and Stormwater Utility Division (hereinafter "Existing Agencies"). NOW, THEREFORE, be it ordained by the City of Paducah and McCracken County Fiscal Court, jointly, as follows: r ---.-r- -T ....r� �..�.,�- -..--. ...._....._...-c..,� .....�.-r-.... r: _�.---- 4 SECTION 1. Establishment of Joint Sewer Agency In order to provide for the protection of public health, safety, and welfare of its -citizens, there is hereby created and established, under and pursuant to the provisions of KRS 76.231, a joint sewer agency (hereinafter "Agency") to own, manage, control, and operate regional comprehensive wastewater facilities within McCracken County. The jurisdiction of the Agency shall include all of McCracken County, including the City of Paducah and the City of Lone Oak. SECTION 2. Board (a) The Agency shall be managed by a Board of Directors (hereinafter "Board") consisting of seven (7) persons, one of whom shall be a sitting member of the Paducah City Commission and elected by the Commission, one of whom shall be a sitting member of the McCracken County Fiscal Court and elected by the Fiscal Court, two (2) of whom shall be appointed by the Mayor of the City of Paducah and subject to approval of the City Commission, two (2) of whom shall be appointed by the McCracken County Judge -Executive and subject to approval of the Fiscal Court, and one (1) of whom shall be jointly appointed by both the Mayor and the County Judge - Executive, subject to the approval of both legislative bodies. (b) Members of the Board shall be persons of outstanding reputations for ability and integrity, shall be at least 25 years of age, a resident of McCracken County for a period of no less than three years. No person shall be appointed a member of the Board who is related within the third degree to the Mayor, the Judge - Executive, or any member of the governing body of the city or county. (c) Initial Board appointments shall be as follows: the jointly appointed member shall serve a one (1) year term; the representatives of the McCracken County Fiscal Court and the Paducah City Commission shall serve a two (2) year term; one (1) appointment by each governing body shall serve a two (2) year term; one (1) appointment by each governing body shall serve a three (3) year term. All private sector appointments made at the conclusion 2 5 of the initial term shall thereafter be for a term of four (4) years, except that-:,;t'e representatives of the McCracken County Fiscal Court 'and the Paducah City Commission shall serve two (2) year terms. (d) In the event of a Board vacancy and also at least thirty (3 0 ) days preceding the expiration of the term of office of any appointed Board member, a successor shall be appointed by the appropriate government body. However, the incumbent member shall serve until such time as the vacancy has been filled. All vacancies shall be filled for the unexpired term. (e) Any Board member shall be eligible for reappointment upon expiration of their term; however, no member shall serve more than two consecutive terms. (f) Any person who shall have held an elective office within McCracken County shall not be eligible for appointment until at least one (1) year after the expiration of the term for which the appointee was elected. Except for the representatives of the legislative bodies on the Board, no employees of the City of Paducah or McCracken County shall be eligible for appointment as a member of the Board. (g) Each appointed Board member shall be removable for "cause", which shall mean inefficiency, neglect of duty, malfeasance or conflict of interest. Any member of the Board appointed by the Mayor may be removed by the Paducah City Commission, for cause, after hearing by the Paducah City Commission, and after at least ten (10) days' notice in writing shall have been given to the member, specifying the charges against the member. The finding of the Paducah City Commission shall be final and removal results in vacancy in such office. Any member of the Board appointed by the Judge -Executive may be removed by the McCracken County Fiscal Court, for cause, after hearing by the McCracken County Fiscal Court, and after at least ten (10) days' notice in writing shall have been given to the member, specifying the charges against -the member. The finding of the McCracken County Fiscal Court shall be final and removal results in vacancy 3 6 in such office. A member subjected to removal proceedings may be represented by counsel - (h) Any appointed Board member failing to attend three (3) regularly -scheduled successive meetings, or a minimum of seventy- five percent (75%) of all meetings within a one year period, without cause acceptable and approved by the Board, shall automatically be removed from office, and the vacancy shall be filled as provided for herein. (i) Each Board member shall be insured by the Agency against liability for acts and omissions as a member of the Board. (j) Members of the Board shall be paid Two Hundred Dollars ($200.00) per month and shall be reimbursed for mileage and out-of- ut-of-pocket pocketexpenses for Agency business conducted outside of McCracken County. (k) All members of the Board shall be required to comply with any applicable rules, regulations and reporting requirements established by the appropriate city or county ethics commission. SECTION 3. Fiscal Year The fiscal year of -the Agency shall begin on July 1 of each year and end on June 30 next following. SECTION 4. Meetings of Board; Quorum (a) The Board shall meet no less than once per month, and may adopt rules and bylaws for the time and location of their meetings and conduct thereof. (b) A majority of the members of the Board shall constitute a quorum, and the affirmative majority vote of a minimum of three (3) affirmative votes shall be required for the adoption of any motion, measure', or resolution. (c) A permanent record of Board proceedings shall be maintained, and shall be available for inspection as a public record, in accordance with the procedures established in the Kentucky Open Records Act. SECTION 5. officers and Employees (a) The jointly appointed member of the Board shall serve as its Chairperson during the first year, and the members of the Board 4 7 shall elect from its members a Vice Chairperson., Beginning with the second year--,�r d-' continuing annually thereafter, the members of the Board shall elect the Chairperson and Vice Chairperson. The Chairperson shall preside at all meetings when present, and shall call special meetings on the Chair's own motion or when requested to do so by three (3) other Board members. The Vice Chairperson s p an hall reside at meeting in which the Chairperson is absent. Y (b) The Board shall have the power to employ, fix the compensation of, and discharge at will an Executive Director and/or Chief Engineer, and a Secretary -Treasurer. The Board, through the Executive Director, shall direct, employ, fix the compensation of, and discharge at will any employees of the Agency. The Board shall have the power to establish rules and regulations for all employees of the Agency. (c) The Board shall require the Executive Director and/or Chief Engineer and Secretary -Treasurer to execute a bond, and may exact from such of its other officers and employees bonds as it deems expedient. All bonds shall be payable to the Agency in the sums as the Board may fix with approved corporate surety, and premiums therefor shall be paid by the Agency. The bonds shall obligate the makers thereof to faithfully perform the duties of their respective offices and positions and to fully account for and pay over all money, property, or other thing of value of the Agency, which may come into their possession, custody or control. (d) The Board may also employ, and remove at pleasure, accountants, engineers, legal counsel, professional and technical advisors or services, experts, and other persons, skilled or unskilled, as it deems requisite for the performance of its duties. (e) The Board shall fix the salaries and compensation of the officers and employees it engages. ( f ) No person shall be hired as an employee of the Agency who is related within the third degree to the Mayor, the Judge - Executive, any member of the governing body of the city or the county, any member of the Board, the executive director and/or chief engineer, or the secretary -treasurer. 5 --r -T,:..,._:.- M (g) The Agency may contract with the City of Paducah or McCracken County for.. -financial, engineering, personnel and other services it deems expedient. SECTION 6. Merger; Agency to Take Over Existing Facilities (a) After the Agency has organized, obtained approval of the Kentucky Public Service Commission (if required), and made all necessary arrangements to assume or refinance the debts and liabilities of the Existing Agencies, the sanitary and combined sewer facilities of the Existing Agencies shall be merged into the Agency, together with all contracts, books, maps, plans, papers and records, of whatever description pertaining to or relating to the design, construction, maintenance, operation, and affairs of the Existing Agencies, and shall thereafter be assigned, transferred, and dedicated to the use of and be in possession, and under the jurisdiction, control, and supervision of the Agency. The Existing Agencies shall also assign, transfer and convey to the Agency all property (whether real, personal or mixed), easements, equipment, inventory, accounts receivable, contracts and rights thereunder and causes of action owned by the Existing Agencies. The Agency shall thereafter have complete jurisdiction, control, possession, and supervision, of all sanitary and combined sewer systems and facilities in the City of Paducah and McCracken County. (b) Upon establishment of the Agency, the Agency shall immediately make a determination of all existing assets, liabilities, easements, personnel, control, management, and authority of the Existing Agencies to be transferred to, and become a part of, the Agency. All Existing Agencies are expected to cooperate fully with the Agency and each Existing Agency shall promptly prepare a comprehensive list of its assets, liabilities, easements, and personnel. (c) All personnel of the Existing Agencies shall be offered employment by the Agency, and shall retain all existing and accrued benefits, including but not limited to, wages and/or salaries, vacations, sick leave, years of service and pension investment. All employees of the Agency shall be employees at will. 2 9 (d) At such time as the transfer of assets, liabilities, tinq,Aqencies is easements, per and authority of the � Exis complete, theExistingAgencies shall no longer retain any power or authority and shall be dissolved. (e) In the event that the legislative bodies of the City of Paducah and the McCracken County Fiscal Court decide to dissolve the Agency, all existing assets, liabilities, easements, personnel and authority shall 'be distributed as stipulated in identical ordinances approved and adopted by both governing bodies. SECTION 7. General Powers of the Agency The Agency created under this ordinance is empowered: (a) To have full and complete jurisdiction, control, possession, and supervision of the sanitary and combined sewer systems in McCracken County, including the maintenance, operation, reconstruction, and improvements to the same as a regional comprehensive sanitary and combined sewer system; to make additions, betterments, and extensions thereto; and to have all the privileges, and jurisdiction necessary or proper for carrying such powers into execution. No enumeration of powers shall operate to restrict the meaning of this general grant of power, or to exclude other powers comprehended within this general grant. . (b) To prepare or cause to be prepared, and to be thereafter revised and adopted, plans, designs, and estimates of costs, of a system of trunk, intercepting, connecting, lateral and outlet sewers, pumping and ventilating stations, disposal and treatment plants and works, and all other appliances and structures which in the judgment of the Board will provide an effective and advantageous means for relieving McCracken County from inadequate sanitary drainage and from inadequate sanitary disposal and treatment of the sewage thereof, and may take all steps the Board deems proper and necessary. (c) To construct any additions, betterments and extensions to the facilities of the Agency by contract or under, through, or by means of its own officers, agents and employees. 7 10 (d) To establish, construct, operate and maintain, as a part of the sanitary:. sewer.,system of the Agency, sewage treatment and disposal plants and systems and all the appurtenances and appliances thereunto belonging. The sewage treatment and disposal plants may be located anywhere the Board deems expedient. (e) To acquire and hold the personal property the Board deems necessary and proper for carrying out the corporate purposes of the Agency, and to dispose of personal property when the Agency has no further need therefor. (f) To acquire by purchase, gift, lease, or by condemnation, real property or any interest, right, easement, or privilege therein, as the Board determines necessary, proper and convenient for the purposes of the Agency, and to use the same so long as the Agency's existence continues. Condemnation proceedings may be instituted in the name of the Agency pursuant to a resolution of the Board declaring the necessity for the taking, and the method of condemnation shall be the same as provided in the Eminent Domain Act of Kentucky. When the Board by resolution declares that any real property which it has acquired, or any interest therein, is no longer necessary or useful to the Agency, the real property and interest therein may be disposed of. If any property to be disposed of has been acquired by condemnation and has not been used by the Agency for the purpose condemned, the Agency shall first offer to sell the property back to the original owner for its then - existing fair market value. (g) To make bylaws, regulations and agreements for the management and regulation of its affairs and for the regulation of the use of property under its control, including the power to establish pretreatment regulations. (h) To make contracts and execute all instruments necessary or convenient in the premises. (i) To recommend and initiate all user charges adequate to meet the projected revenue requirements necessary to maintain and operate the complete sanitary and combined sewer collection system E7 (0 E1 and treatment. facilities in a manner that complies with federal and state requiremcr (j) To borrow money and issue negotiable revenue bonds to provide for the rights of the holders thereof, and to assume existing financial obligations of any of the Existing Agencies. (k) To enter any lands, waters, and premises for the purpose of making surveys, soundings and examinations. (1) To require payment by customers for wastewater service provided and tap-on fees. (m) To discontinue service for non-payment and to make agreements with water service providers for the discontinuance of water service to delinquent customers. (n) To approve or revise the plans and designs of all wastewater treatment facilities proposed to be constructed, altered, or reconstructed, including but not limited to, sewer lines and pump stations, by any other person or corporation, public or private, within McCracken County, in order to insure that such proposed construction, alteration, or reconstruction shall conform to, and be a part of, a comprehensive wastewater plan for McCracken County. No construction or extensions in the City of Paducah shall be started until, firstly, the City Engineer, and secondly, the Agency have approved the plans. No construction or extensions in McCracken County outside the City of Paducah shall be started until, firstly, the County Engineer, and secondly, the Agency have approved the plans. These projects shall also be subject to inspection and supervision by the Agency. (o) To prepare a budget annually for wastewater activities, effective beginning with fiscal year July 1, 1999. SECTION 8. Privately Constructed Sewers to be Approved (a) Any person or corporation, public or private, in McCracken County shall submit for approval plans and designs for sanitary sewers to be constructed by written application -to the Agency. (b) An application for approval of plans or designs of sanitary sewers to be constructed shall be referred by the Agency �i I 11_117-i I F I - - - I - -.,'i_: -1 � I . �­ I � _ - . �� Z � �_ ­_ _. -f- - - ,-.-.._._I..-� --1- .,, - -,1771- 1.11........, 7 _­ ­_ , --___,i- -111-71- ­­ I -1.-.. .- - __i�:w._ � w�.��.�ck�r„�-•. � _ ._� •�, � �_ =1u ,",�•�_ _2__ II yir� 1* n. •:a �er.,.u;,r!d,�mn_ 1�br�..lnr� t _ _._ I_ , crL . ,� ,.�uw�.u¢ k ... —, 12 to the City Engineer or County Engineer, as determined by the area of jurisdiction for..,.:;,which the project is proposed, for approval. After approval by the appropriate engineer, the Agency shall have the right to examine, inspect and investigate the sufficiency of the proposed facilities to serve the purposes intended, and to establish and make reasonable charges for such services as may be required to make such investigation. (c) The construction of any sanitary sewer facilities shall be subject to inspection and supervision by the Agency to assure the protection of public health and the proper completion of such facility for the purposes intended, and the Agency shall charge for such inspection and supervision on the basis of the actual cost of inspection plus a reasonable additional cost of supervision. SECTION 9. Rates and Charges; Use of Funds of Agency; Cutting Off Sewer and Water Service to Delinquents (a) The existing user rates and charges as established by the Existing Agencies shall be adopted by the Agency. All user rates and charges to be collected from all the real property within McCracken County served by facilities of the Agency shall remain in effect until such time as an adjustment thereof has been approved by the Paducah City Commission and McCracken County Fiscal Court. Notwithstanding the foregoing, all tap -on fees previously established by the Existing Agencies on existing sewer lines at the time the Agency is created shall not be changed. Any proposed adjustments of the schedule of rates and charges shall be recommended by the Agency at a joint meeting of the Paducah City Commission and McCracken County Fiscal' Court. The Paducah City Commission and McCracken County Fiscal Court shall approve or disapprove all rate changes recommended by the Agency by majority vote of each body. Neither the Paducah City Commission nor the McCracken County Fiscal Court shall have the authority to initiate rate changes. If for any reason the Paducah City Commission and McCracken County Fiscal Court cannot agree to amendments to a rate schedule, the current schedule shall remain in effect until such time as an agreement can be reached. 13 The schedule of rates and charges may be based upon either: (i) the co isumpt`ion of water on premises connected with the facilities, taking into consideration commercial and industrial use of water; or (ii) the number and kind of plumbing fixtures connected with the facilities; or (iii) the number of persons served by the facilities; or (iv) may be determined by the Agency on any other basis or classification which the Agency determines to be fair and reasonable, whether similar or dissimilar to those enumerated, except that the schedule shall be equitable for all residential property; or (v) any combination thereof. This schedule may include additional charges for treatment of sewage, with a surcharge where the sewage contains industrial waste or other waste in excess of limitations established by the regulations of the Agency. (b) Prior to modification of the schedule of rates and charges, the Agency shall adopt a proposed schedule and publish notice thereof pursuant to KRS Chapter 424. The notice so published shall be dated as of the date of first publication thereof and shall state that the proposed or revised schedule of rates and charges will remain open for inspection in the office of the Agency for thirty (30) days from the date of the notice, and that objections thereto in writing may be filed during that period with the Agency by any person aggrieved thereby. The Board shall examine and hear any and all complaints, may modify the proposed schedule, and may recommend to the Paducah City Commission and McCracken County Fiscal Court a final schedule within sixty (60) days after the date of the notice. The schedule so adopted and established shall thereafter be the rates and charges for the use of the facilities of the Agency by users within McCracken County until changed in the manner provided herein. The schedule of rates and charges shall be -established and revised from time to time so as to produce aggregate revenues to the Agency sufficient: 11 =�+=1.t�e^ .i�:,_..�. , r.,., ... .. _.,. r_i_ ..,..i — ._ y .. a ��.cx_ 2rt r ..� _J,_. L-- I 14t (i) for the payment of interest on and principal of all revenue bonds and .other obligations of the Agency; (ii) for the payment of all costs and expenses of operating and maintaining the sewer system of the Agency, including but not limited to that portion of the salaries, wages, and fees of all officers and employees of the Agency; and i (iii) for the payment of all costs of renewals and replacement of such system within McCracken County; provided, however, that all expenses, salaries, wages, and fees necessary or incident to improvements for the account of which bonds are issued or other indebtedness incurred may be included as a part of the cost of the improvements and paid from the proceeds of the bonds or other indebtedness. The use of all monies of the Agency received from any and all sources shall be limited exclusively and devoted solely to the payment of all obligations of the Agency and no funds from any sources shall be diverted to any other purposes than those described in this ordinance. (c) Whenever any sewer rates or charges for services rendered remain unpaid for a period of thirty (30) days after the same becomes due and payable, the Agency shall declare the property, the owner thereof, and the user of the service, delinquent until such time as all rates and charges are fully paid, and may cut off the sewer connection and service. The Agency may enter into agreements with any water company or water service, public or private, providing for the discontinuance of water service to delinquents. SECTION 10. Power to Acquire Land (a) The Agency shall have the power to acquire by purchase, gift, or eminent domain proceedings, the fee or such right, title, interest or easement, in such lands as may be deemed by the Agency necessary for any of the purposes mentioned in this ordinance, and any personal property necessary for the purpose of the Agency. Such lands or interests therein, or personal property may be so acquired whether or not the same are owned or held for public use by corporations, associations, or other persons having the power of 12 ,f 15 eminent domain,, or otherwise held or used for public purposes. Forthwith upon the.°acquisition of any such,fee,., right, title, interest or easement, or personal property, the same shall become dedicated to the uses and purposes of the Agency. (b) The method of condemnation of such property shall be pursuant to the Eminent Domain Act of Kentucky. (c) When the Agency has filed a proceeding to condemn land or any interest therein, or personal property, pursuant to the provisions of the Eminent Domain Act of Kentucky, and the Board shall determine that the necessity for procuring possession of the property is urgent, it may pass a resolution, at the time that said condemnation is authorized or at any time thereafter for a declaration of taking, declaring that said lands are to be taken for the use of the Agency. Said declaration of taking shall contain, or have annexed thereto, the following: (i) a statement of the authority under which and, the public use for which, said lands are taken; (ii) a description of the lands taken sufficient for identification thereof; (iii) a statement of the estate or interest in said lands taken for said public use; and (iv) a plat showing the lands taken. (d) At any time after the report of the Commissioners has been made, the Agency may file said declaration of taking and make a deposit with the Clerk of the Court of the sum of money stated in the award of the Commissioners appointed. Title to said lands in fee simple or such lesser estate as is specified in said declaration or to said personal property shall then vest in the Agency, and the right to just compensation for said land or interest therein or personal property shall vest in the persons l*� entitled thereto. Said compensation shall be ascertained and awarded in said proceeding as otherwise provided in the Eminent Domain Act of Kentucky. 13 16 SECTION 11. Agency Revenue Bonds (a) The Agency may, from time to time, issue its negotiable interest-bearing revenue bonds for any of its corporate purposes, and it may also, from time to time, issue its negotiable interest- bearing revenue bonds to refund any of its bonds at maturity or pursuant to redemption provisions, or at any time before maturity with the consent of the holders. All the bonds, including interest, are payable solely from and secured only by the revenues of the Agency realized through the collection of rates or other charges, imposed for use of the facilities of the Agency. The bonds shall be authorized by resolution of the Board and shall bear the dates, mature at the times not exceeding forty (40) years from their respective dates, bear interest at the rate or rates, or method of determining rates, payable at least annually, be in the denominations and form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment at the place, and be subject to the terms of redemption, with or without premium, as the resolutions provide. The bonds shall be sold at public sale for the price the Board determines. (b) Any resolution authorizing any bonds may contain provisions which shall be a part of the contract with the holders of the bonds as to: (i) pledging all or any part of the gross or -net revenues of the Agency to secure the payment of the bonds and interest on the bonds; (ii) the amounts to be raised in each year by rates and charges, and their use and disposition, and of any other revenues of the Agency; (iii) the setting aside of reserves or sinking funds and their regulation and disposition; (iv) limitations on the right of the Agency to restrict and regulate the use of its facilities; (v) limitations on the purposes to which the proceeds of sale of any issue of bonds to be issued may be applied; 14 17 (vi) limitations on the issuance of additional bonds; and (vii) the ]#'bcedure, if any, by which the term of any contract with bondholders maybe amended or abrogated, the amount of bonds the holders of which must consent, and the .manner in which the consent may be given. (c) The bonds or other obligations of the Agency shall not constitute an obligation or indebtedness of the City of Paducah or of McCracken County and it shall be plainly stated on the face of each bond of the Agency that it has been issued under the provisions of this ordinance, and that it does not constitute an indebtedness of the City of Paducah or McCracken County. All bonds authorized may be issued without a vote of the voters and without any other proceedings or happenings of any other conditions or things than those proceedings, conditions and things described herein. The bonds shall be signed in the name of the Agency by the chairperson or vice chairperson of the Board, and attested by the signature of the secretary -treasurer. SECTION 12. Enforcement of Rights of Bondholders (a) In the event the Agency shall default in the payment of principal or interest on any of the revenue bonds issued pursuant to this ordinance after the said principal or interest shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the Agency shall default in any agreement made with the holders of the bonds, the holders of twenty percent (2001) in aggregate principal amount of the bonds then outstanding, by instrument or instruments filed in the office of the McCracken County Court Clerk and approved or acknowledged in the same manner as a deed to be recorded, may apply to a judge of the McCracken Circuit Court to appoint a trustee to represent all of the bondholders for the purposes herein provided. Upon such application the judge shall appoint a trustee and such trustee may, and upon written request of holders of twenty percent (200) in principal amount of the bonds of the Agency then outstanding shall, (1) by mandamus or other suit, action or proceeding at law or in 15 _1Y..,,„ ,.,,: .4r. n,.., ,.. ,�-.L,_ _.,.,moi �� _.•__:�� _ _...�_ ,.-.._ _.. _�, _ _ .. _ _�,__� � �_z �..,, 18 equity, enforce all rights of the bondholders, including but not limited to the right- to require the Agency to collect rates and other charges, adequate to carry out any agreement as to, or pledge of, the revenues of the Agency and to require the Agency and its officers to carry out any other agreement with the bondholders and to perform its and their duties; (2) bring suit upon the bonds; (3) by action or suit in equity, require the Agency to account as if it were the trustee of an express trust for the bondholders; (4) by action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of bondholders; (5) declare all bonds due and payable, and if all defaults shall be made good then to annul such declaration and its consequences. (b) Any such trustee shall be entitled as of right, upon application to the judge, to the appointment of a receiver, who may enter upon and take possession of the facilities of the Agency, or any part or parts thereof, and operate and maintain the same, and collect and receive all rates and charges and other revenues of the Agency, thereafter arising therefrom, in the same manner as the Agency and its officers might do, and shall deposit all monies in a separate account and apply the same in such manner as the court shall direct. In any. suit, action, or proceeding, by the trustee, the fees, the counsel fees, and expenses of the trustee and of the receiver shall constitute disbursements taxable as costs. All costs and disbursements allowed by the court shall be a first charge on any revenue derived from the facilities of the Agency. Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any function specifically set forth herein or incident to the general representation of the bondholders and the enforcement and protection of their rights. SECTION 13. Apportionment of Construction Costs (a) A resolution of the Board providing for the construction of sewerage facilities and appurtenances shall describe the nature and kind of facilities to be furnished and shall describe the particular area to be benefitted by said sewerage facilities. W 19 (b) The costs of the sanitary sewers and appurtenances shall be assessed against°'the land in the benefitted area..; The square foot method, the front foot method, the equivalent residential unit method, or any other equitable basis may be used for determining the assessment. No property which has been assessed for collector lines shall be reassessed for the installation or reinstallation of collector lines. (c) The costs of property service connections from the sewer to the property line or easement line as required shall be assessed against the individual lots or tracts to which such property service connections are furnished. The costs to be assessed for the property service connections shall be fixed by regulation of the Agency based on its experience of costs for such work. (d) All land included in the benefitted area shall be assessed, except public roadways and property owned by the city or county. (e) When the Board determines that construction of sanitary sewers and appurtenances or property service connections at the cost of the property owner shall be necessary, the Agency shall cause its engineers to prepare complete drawings and specifications for the work and to keep same available for inspection in its offices. (f) The actual construction work of the sanitary sewers and appurtenances shall be done by, or under the control of, the Agency. The cost of the sanitary sewers and appurtenances or property service connections shall include not only the actual construction cost and the cost of any easements required for the sewers, but also cost of surveys, designs, plans, specifications, advertising, inspection and administration; provided, however, these additional costs shall not exceed fifteen percent (15%) of the actual construction cost of the project. (g) A lien superior to all liens except the liens for state, county, city, school and road taxes and liens prior in time for other public.improvements shall exist against the respective lots or tracts of land for the cost of the, sanitary sewers, 17 �.��,.......,. 1�..:_.__- ..=. 20 appurtenances or property service connections for apportionment as provided herein,!' plus*xinterest thereon at the rate of six percent (6%) per annum. (h) If sanitary sewers, appurtenances or property service connections are constructed as provided in the resolution, the Agency shall not be liable for the cost of the sanitary sewers, appurtenances or property service connections and shall have the right to enforce such costs against the property receiving the benef it. (i) Upon, completion and acceptance of the sewer facility constructed, the Agency shall make out all apportionment warrants for which liens are given for improvements of sewer facilities and shall immediately enter them in alphabetical order upon a register kept for that purpose. When the holder of the warrant has obtained payment, such holder shall notify the Agency and the Agency shall mark upon the register the fact of payment. (j) The lien shall exist from the date of the apportionment warrant, but a lien shall not be valid against a purchaser for a valuable consideration without notice, unless the apportionment warrant is entered and registered within ten (10) days of its issuance. (k) After any sewer facilities have been constructed, the Agency shall give notice by publication pursuant to KRS Chapter 424 of the costs apportioned, and the amounts assessed and levied on the various tracts of land liable for the payment. SECTION 14. Combined Sewers (a) All facilities in the City of Paducah that are a combination of wastewater and stormwater sewers shall be included in the assets transferred to the Agency. (b) The Agency shall have the responsibility to maintain all combined sewer system facilities in the City of Paducah. The combined sewer system facilities visible on the surface, (such as inlets, grates, inlet throats, open-ended pipes, surface ditches, surface drainages, etc.), and the connector pipe to the combined sewer main shall be maintained by the City of Paducah. 18 21 (c) The Agency shall be responsible for compliance with all environmental regulations and requirements for combined sewer overflow established by the Commonwealth of Kentucky. SECTION 15. Coordination of Operations with Other Agencies (a) The Agency shall take all necessary efforts and make all necessary agreements with the City of Paducah to establish procedures for r coordinatingthe use and operation of all flood control pump stations used when the Ohio River reaches f lood stage. (b) The facilities that constitute the City of Paducah flood control system shall not be part of the assets transferred to the Agency and shall remain the property of the City of Paducah. (c) The Agency shall coordinate with the City of Paducah the operation of the compost facility operated by the City of Paducah and make such agreements as may be necessary for the disposal of sludge generated by the operations of the Agency. (d) The Agency may enter into an agreement with the City of Paducah and McCracken County to provide necessary maintenance of storm sewers. SECTION 16. Appeal Process (a) Any entity or person, other than employees of the Agency, aggrieved by any final action of the Agency may appeal from said action to a grievance committee which shall be composed of one member of the McCracken County Fiscal Court selected by the McCracken County Fiscal Court and one member of the Paducah City Commission selected by the Paducah City Commission, and the two members thus appointed shall jointly select a third person to serve on the committee. The representatives of the legislative bodies shall not be the same representatives who are then sitting on the Board of the Agency. The aggrieved person and the Agency shall be allowed to appear before the grievance committee to state their position. The grievance committee may modify, sustain, or overrule the action taken by the Agency. (b) Appeals by the aggrieved party shall be made in writing by filing the appeal with the Secretary -Treasurer of the Agency thirty (30) days after the decision of the Agency; All decisions 19 I r Za ,1 ^-4f -c4I—,-T'...—:.-. _._ .__ T'" .___L_'.�L1• .x. o.� +vN sny+�._..W91I. .'IY1.:; � •.. J ;�,� Y�u..'N._1'.uuSa i'tll'ee!ilflk''-: 22 which have not been appealed within thirty (30) days shall become f inal . SECTION 17. Additional Authority McCracken County Fiscal Court and the City of Paducah, within their respective jurisdictions, shall have the authority to establish with sufficient funding, a separate and independent stormwater utility by separate ordinance, under the management and control of the Agency. SECTION 18. Effective Date This ordinance shall become effective immediately upon passage and publication. SECTION 19. Name of Agency The name of the Agency shall be the "Paducah -McCracken County Sewer Agency," in which name it may act in accordance with the powers set forth in this ordinance. INTRODUCED AND PUBLICLY READ ON FIRST READING, this the 17 Aug. day of J)4W, 1998. PUBLICLY READ, ADOPTED AND APPROVED ON SECOND READING, this the 25 day of August, 1998. 1'l/:illi WNW. 410" ooki!,yiilWN.W. �� ATTE LENITA SMITH, CITY CLERK CERTIFICATION I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Paducah, Kentucky, and as such City Clerk I further certify that the foregoing is a true, correct and complete copy of an Ordinance duly adopted by the Paducah City Commission on the 2Sth day of , 1998, on the same occasion signed by the City Clerk as evidence of the approval thereof, and now in full force and effect, all as appears from the official records of the City in my possession and under my control. WITNESS my hand and the Seal of the City of Paducah, as of the 25 day of August 1998. - LENITA SMITH, CITY CLERK (SEAL) 20