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File #: 1281-19    Version: 1 Name: Stipulated Penalties Sanitary Sewer Overflows Calendar Year 2017
Type: Resolution Status: Approved
File created: 11/18/2019 In control: Urban County Council
On agenda: 12/5/2019 Final action: 12/5/2019
Enactment date: 12/5/2019 Enactment #: R-728-2019
Title: A Resolution authorizing payment in the amount of $29,500 to the Commonwealth of Ky., Ky. State Treasurer, and $29,500 to the United States Dept. of Justice, as stipulated penalties under the Consent Decree, and authorizing the Mayor, on behalf of the Lexington-Fayette Urban County Government, to execute any necessary documents related to the payment. [Div. of Water Quality, Martin]
Attachments: 1. Blue Sheet Memo, 2. Stip Demand Letter for 2017 overflows, 3. 00673115.pdf, 4. RESOLUTION #728-2019
Title
A Resolution authorizing payment in the amount of $29,500 to the Commonwealth of Ky., Ky. State Treasurer, and $29,500 to the United States Dept. of Justice, as stipulated penalties under the Consent Decree, and authorizing the Mayor, on behalf of the Lexington-Fayette Urban County Government, to execute any necessary documents related to the payment. [Div. of Water Quality, Martin]
Summary
Authorization for a payment in the amount of $29,500 to the Commonwealth of Kentucky, Kentucky State Treasurer and $29,500 to the United States Department of Justice, as stipulated penalties under the Consent Decree and to execute any necessary documents related to the payment. Funds are Budgeted. (L1281-19) (Martin/Albright)
Budgetary Implications [select]: Yes
Advance Document Review:
Law: { No, Completed by [Attorney Name, Date]}
Risk Management: {No}
Fully Budgeted [select]: Yes
Account Number: 4002-303401-3401-78321
This Fiscal Year Impact: $59,000.00
Annual Impact: $
Project:
Activity:
Budget Reference:
Current Balance: $113,948.00
Body
WHEREAS, the Urban County Government, the United States Environmental Protection Agency, and the Commonwealth of Kentucky have entered into a Consent Decree in a case styled United States, et al. v. Lexington-Fayette Urban County Government, United States District Court for the Eastern District of Kentucky, Case No. 5:06-CV-00386, which includes a provision for stipulated penalties; and
WHEREAS, the Urban County Government has received a demand for payment in the amount of $59,000.00 for stipulated penalties; and
WHEREAS, the Consent Decree requires payment of fifty percent (50%) of the stipulated penalties to the Kentucky State Treasurer and fifty percent (50%) of the stipulated penalties to the United States Department of Justice.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That an amount, not to exceed the sum of $29,500.00, be and hereby is autho...

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