Title
A Resolution authorizing payment in the amount of $40,500 to the Commonwealth of Ky., Ky. State Treasurer, and $40,500 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 of payments in the amount of $40,500.00 to both the Commonwealth of Kentucky, Kentucky State Treasurer and to the United States Department of Justice, as stipulated penalties under the Consent Decree for sanitary sewer overflow that occurred in 2020 for a total cost of $81,000.00 and to execute any necessary documents related to the payment. Funds are Budgeted. (0377-22) (Martin/Albright)
Budgetary Implications [select]: Yes
Advance Document Review:
Law: Yes, Completed by Michael Cravens 04/13/2022
Risk Management: No
Fully Budgeted [select]: Yes
Account Number: 4002-303401-3401-78321
This Fiscal Year Impact: $ 81,000
Annual Impact: $
Project:
Activity:
Budget Reference:
Current Balance: $150,000.00
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 $81,000.00 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 $40,500.00, be and hereby is authorized for payment to the Commonwealth of Kentucky, Kentucky State Treasurer, and a further amount, not to exceed the sum of $40,500.00, be and hereby is authorized for payment to the United States Department of Justice, from account # 4002 - 303401 - 78321, pursuant to the terms of the Consent Decree.
Section 2 - That the Mayor, on behalf of the Lexington-Fayette Urban County Government, be and hereby is authorized to execute any necessary documents related to the payment.
Section 3 - That this Resolution shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
___________________________________
MAYOR
ATTEST:
________________________________
CLERK OF URBAN COUNTY COUNCIL
377-22:MSC:X:\Cases\WATER-AIR\22-LE0003\LEG\00754915.DOCX