Title
A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute an Agreement with JFG Enterprises, Inc., relating to the construction and dedication of sanitary sewerage facilities, for the purpose of providing sanitary sewer service to properties located within the boundaries of the Blue Sky Rural Activity Center. [Div. of Water Quality, Martin]
Summary
Authorization to execute agreement with JFG Enterprises, owners of the Boonesboro Manor Package Treatment Plant, for the purpose of providing municipal sanitary sewer service to un-served and underserved properties located within the boundaries of the Blue Sky Rural Activity Center. (L0950-14) (Martin/Holmes)
This is a request to execute agreement with JFG Enterprises, owners of the Boonesboro Manor Package Treatment Plant, for the purpose of providing municipal sanitary sewer service to un-served and underserved properties located within the boundaries of the Blue Sky Rural Activity Center.
Budgetary Implications: NO
Advance Document Review: Law/Risk Management
Fully Budgeted:
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This Fiscal Year Impact: $0.00
Annual Impact: $0.00
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Budget Reference:
Current Balance: $
Body
WHEREAS, on January 3, 2011, LFUCG, the United States Environmental Protection Agency, and the Commonwealth of Kentucky entered into a Consent Decree in a case styled United States et al. v. Lexington-Fayette Urban County Government that requires, among other things, the construction by LFUCG of a sewage pumping station and sanitary sewer force main for the express purpose of eliminating the Blue Sky Wastewater Treatment Plant, which serves properties located within the boundaries of the Blue Sky Rural Activity Center; and
WHEREAS, LFUCG is required to construct the aforementioned sanitary sewer force main in a manner that accommodates the eventual elimination of the Boonesboro Manor Package Treatment Plant ("Boonesboro Manor Plant"), a privately owned and operated sewage treatment plant which serves properties located within the boundaries of the Blue Sky Rural Activity Center; and
WHEREAS, LFUCG has determined that the construction of additional sanitary sewer facilities, including a pump station and connecting force main, is necessary to accommodate the elimination of the Boonesboro Manor Plant and to provide adequate capacity and ensure water quality of the point source discharge; and
WHEREAS, the Boonesboro Manor Plant, together with the existing sanitary sewerage facilities, is owned and operated by JFG Enterprises, Inc. ("JFG"); and
WHEREAS, JFG has agreed to construct required sanitary sewerage facilities, including a pump station and a connecting force main, in order to facilitate the elimination of the Boonesboro Manor Plant, and has agreed to dedicate those facilities to LFUCG; and
WHEREAS, LFUCG has agreed to accept the dedication of sanitary sewerage facilities constructed by JFG, for the purpose of providing sanitary sewer service to properties within the Blue Sky Rural Activity Center; and
WHEREAS, the aforementioned sanitary sewerage facilities are intended to serve only the existing development in the Blue Sky Rural Activity Center and are not intended to support or serve additional development in the area; and
WHEREAS, LFUCG and JFG have agreed to certain terms and conditions concerning the construction of the aforementioned sanitary sewerage facilities by JFG and dedication of the facilities to LFUCG; and
WHEREAS, this project is undertaken in connection with the settlement of an enforcement action under the Clean Water Act, United States et al. v. Lexington-Fayette Urban County Government, brought on behalf of the U.S. Environmental Protection Agency.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That the Mayor, on behalf of the Lexington-Fayette Urban County Government, be and hereby is authorized to execute the Agreement, which is attached hereto and incorporated herein by reference, with JFG Enterprises, Inc., concerning the construction of sanitary sewerage facilities by JFG and the dedication of the facilities to LFUCG, for the purpose of providing sanitary sewer service to properties located within the boundaries of the Blue Sky Rural Activity Center.
Section 2 - That this Resolution shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
MAYOR
ATTEST:
CLERK OF URBAN COUNTY COUNCIL