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File #: 1281-19    Version: 1 Name: Stipulated Penalties Sanitary Sewer Overflows Calendar Year 2017
Type: Resolution Status: Approved
File created: 11/18/2019 In control: Urban County Council
On agenda: 12/5/2019 Final action: 12/5/2019
Enactment date: 12/5/2019 Enactment #: R-728-2019
Title: A Resolution authorizing payment in the amount of $29,500 to the Commonwealth of Ky., Ky. State Treasurer, and $29,500 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. Stip Demand Letter for 2017 overflows, 3. 00673115.pdf, 4. RESOLUTION #728-2019

Title

A Resolution authorizing payment in the amount of $29,500 to the Commonwealth of Ky., Ky. State Treasurer, and $29,500 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 a payment in the amount of $29,500 to the Commonwealth of Kentucky, Kentucky State Treasurer and $29,500 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. (L1281-19) (Martin/Albright)

Budgetary Implications [select]: Yes

Advance Document Review:

Law: { No, Completed by [Attorney Name, Date]}

Risk Management:  {No}

Fully Budgeted [select]: Yes

Account Number:                     4002-303401-3401-78321

This Fiscal Year Impact:                     $59,000.00

Annual Impact:                      $

Project:

Activity:

Budget Reference:

Current Balance: $113,948.00

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 $59,000.00 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 $29,500.00, 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 $29,500.00, 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: