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File #: 0718-20    Version: 1 Name: 2018 Stipulated Penalties Consent Decree Sanitary Sewer Overflows
Type: Resolution Status: Approved
File created: 7/27/2020 In control: Urban County Council
On agenda: 8/13/2020 Final action: 8/13/2020
Enactment date: 8/13/2020 Enactment #: R-362-2020
Title: A Resolution authorizing payment in the amount of $48,500 to the Commonwealth of Ky., Ky. State Treasurer, and $48,500 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. 2018 LFUCG Stip Demand Letter (003) mjb-signed, 3. 00691682.pdf, 4. R-362-2020
Title
A Resolution authorizing payment in the amount of $48,500 to the Commonwealth of Ky., Ky. State Treasurer, and $48,500 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 to make a payment in the amount of $48,500.00 to the Commonwealth of Kentucky, Kentucky State Treasurer, and $48,500.00 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. (L0718-20) (Martin/Albright)
Budgetary Implications [select]: Yes
Advance Document Review:
Law: {Yes, Completed by [Michael Cravens, 7/24/20]}
Risk Management: {No}
Fully Budgeted [select]: Yes
Account Number: 4002-303401-3401-78321
This Fiscal Year Impact: $97,000.00
Annual Impact: $
Project:
Activity:
Budget Reference:
Current Balance: $100,000.00
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 $97,000.00 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 $48,500.00, be an...

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