Title
A Resolution authorizing payment in the amount of $64,500 to the Commonwealth of Ky., Ky. State Treasurer, and $64,500 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 payment in the amount of $64,500.00 to the Commonwealth of Kentucky, Kentucky State Treasurer, and $64,500.00 to the United States Department 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. Funds are Budgeted. (L0293-21) (Martin/Albright)
Budgetary Implications [select]: Yes
Advance Document Review:
Law: { Yes, Completed by [Michael Cravens, 3/11/21]}
Risk Management: {No}
Fully Budgeted [select]: Yes
Account Number: 4002-303401-3401-78321
This Fiscal Year Impact: $129,000.00
Annual Impact: $
Project:
Activity:
Budget Reference:
Current Balance: $180,750.00
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 $129,000.00 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 $64,500.00, 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 $64,500.00, 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