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File #: 0293-21    Version: 1 Name: CY19 Stipulated Penalties Consent Decree
Type: Resolution Status: Approved
File created: 3/11/2021 In control: Urban County Council
On agenda: 4/8/2021 Final action: 4/8/2021
Enactment date: 4/8/2021 Enactment #: R-173-2021
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]
Attachments: 1. CY 2019 CMOM Stip Penalty blue sheet memo, 2. CY 2019 LFUCG Stip Demand Letter- signed, 3. 00722693.pdf, 4. R-173-2021
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 GOVERNME...

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