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Board of Commissioners Meetings

Regular Meeting

Henderson, KY · October 17, 2017

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Minutes

205 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on October 17, 2017 A special called meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, October 17, 2017, at 2:00 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Austin P. Vowels Commissioner Bradley S. Staton Commissioner Robert N. Pruitt, Sr. Commissioner Patti Bugg ABSENT: ALSO PRESENT: Mr. Russell R. Sights, City Manager Mrs. Dawn Kelsey, City Attorney Ms. Maree Collins, City Clerk Mr. Robert Gunter, Finance Director News Cameraman ________________________ RESOLUTION 47-17: RESOLUTION GIVING AUTHORIZATION TO THE MAYOR AND CITY MANAGER TO PREPARE AND SUBMIT A BID TO PURCHASE THE OFFICE BUILDING LOCATED AT 212 N. WATER STREET, HENDERSON, KENTUCKY WHICH HAS BEEN DECLARED SURPLUS PROPERTY BY THE STATE OF KENTUCKY, AND TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO SUBMIT THE BID MOTION by Commissioner Pruitt, seconded by Commissioner Bugg, to adopt the resolution approving authorizing the Mayor and City Manager to prepare, execute and submit any documents necessary in order to bid for the purchase of the office building located at 212 North Water Street, Henderson, Kentucky, which has been declared surplus property by the State of Kentucky. DAWN KELSEY, City Attorney, noted that this action is necessary as formal action in an open meeting is required prior to submitting an offer or a bid for the purchase of property. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WHEREUPON, Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: October 17, 2017 Maree Collins, City Clerk ________________________ 206 CITY OF HENDERSON – RECORD BOOK Record of Minutes of A Special Called Meeting on October 17, 2017 MEETING ADJOURN: MOTION by Commissioner Staton, seconded by Commissioner Vowels, to adjourn the meeting. The vote was called. On roll call, the vote stood: Commissioner Vowels --- Aye: Commissioner Staton ----- Aye: Commissioner Pruitt ------ Aye: Commissioner Bugg ------ Aye: Mayor Austin -------------- Aye: WITHOUT OBJECTION, Mayor Austin declared the Meeting adjourned at approximately 2:02 p.m. ___________________________ Steve Austin, Mayor October 24, 2017 ATTEST: ______________________ Maree Collins, City Clerk

Agenda

City of Henderson, Kentucky NOTICE OF SPECIAL CALLED MEETING FOR TUESDAY, OCTOBER 17, 2017 October 16, 2017 Commissioner Patti Bugg Commissioner Robert N. Pruitt Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels Dear Board Members: Please take notice that as Mayor of the City of Henderson, Kentucky, I hereby call a special called meeting of the Board of Commissioners to be held on Tuesday, October 17, 2017, at 2:00 p.m., in the third floor assembly room, 222 First Street, Henderson, Kentucky. The purpose of this called meeting is for the following: 1. Roll Call 2. Resolutions: Resolution Giving Authorization to the Mayor and City Manager to Prepare and Submit a Bid to Purchase the Office Building Located at 212 N. Water Street, Henderson, Kentucky Which Has Been Declared Surplus Property by the State of Kentucky and to Authorize the Mayor and City Manager to Execute Any Document Necessary to Submit the Bid 3. Adjournment Respectfully, Steve Austin, Mayor A copy of the foregoing notice received and service thereof waived this 1ih day of October 17, 2017. Commissioner Patti Bugg Commissioner Robert N. Pruitt Sr. Commissioner Bradley S. Staton Commissioner Austin P. Vowels City Commission Memorandum 17-227 October 16, 2017 TO: Mayor Steve Austin and the Board of Commissioners FROM: Russell R. Sights, City Manager /(}I SUBJECT: Bid to Purchase Property- 212 N. Water Street The accompanying resolution gives authorization to the Mayor and City Manager to prepare and submit a bid to purchase the former Employment Office located at 212 N. Water Street, Henderson, Kentucky. The property is located adjacent to the City's Riverfront. The Commonwealth of Kentucky is accepting sealed bid proposals for the sale of the surplus property. The development of the City of Henderson's Riverfront helps to create more commercial and tourism traffic in downtown Henderson which leads to great economic development. Your approval of the attached resolution is requested. c: Dawn Kelsey RESOLUTION NO.- - - - RESOLUTION GIVING AUTHORIZATION TO THE MAYOR AND CITY MANAGER TO PREPARE AND SUBMIT A BID TO PURCHASE THE OFFICE BUILDING LOCATED AT 212 N. WATER STREET, HENDERSON, KENTUCKY WHICH HAS BEEN DECLARED SURPLUS PROPERTY BY THE STATE OF KENTUCKY, AND TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO SUBMIT THE BID. WHEREAS, the City of Henderson desires to support economic development in the City; and WHEREAS, the State of Kentucky has declared the former Employment Office located at 212 North Water Street, Henderson, Kentucky, which is located adjacent to the City's Riverfront and is taking sealed bids on the property (See Exhibit 1 Invitation to Bid); and WHEREAS, the development of the City of Henderson's Riverfront helps to create more commercial and tourism traffic in downtown Henderson which leads to great economic development. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the Mayor and City Manager are authorized to submit a bid on the property located at 212 N. Water Street, Henderson, Kentucky, on behalf of the City; and the Mayor and the City Manager are authorized to take all other action and execute such other documents as may be necessary to submit a bid to purchase the aforesaid property. On motion of Commissioner _ _ _ _ _ _ _ _ _ _ _ _ _, seconded by Commissioner , that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Vowels: - - - - Commissioner Bugg: _ _ __ Commissioner Staton: Mayor Austin: Commissioner Pruitt: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Steve Austin, Mayor ATTEST: Date: - - - - - - - - - - Maree Collins, City Clerk APPROVED AS TO FORM AND LEGALITY THIS DAY OF OCTOBER 2017. By: / Dawn S. Kels€y City Attorney 2 INVITATION TO BID COMMONWEALTH OF KENTUCKY SALE OF SURPLUS REAL PROPERTY 212 N. Water Street Henderson, Kentucky 0.45 +/- ACRE 5,959 +/- Sq. Ft. Office Building w/Finished Basement The Commonwealth of Kentucky will accept sealed bid proposals for the sale of the office building at 212 N. Water Street, Henderson, KY. Bids will be opened and read at 11 a.m. Eastern Time, Friday, October 20, 2017, at the Division of Real Properties, 3rd Floor Bush Building, 403 Wapping Street, Frankfort, KY. 40601-2607. NOTICE TO BIDDERS - For additional information and pictures of the property, visit http://finance.ky.gov/services/statebuiiding/Pages/PropertiesforSaleorLease.aspx and click on the For Sale, Surplus Real Estate link. The building will be open for a site visit on Friday, September 22, 2017 from 10 a.m. to 2 p.m EST. All bids must be submitted on the approved bid form, which may be obtained by · contacting Jason Martin, Division of Real Properties, at 502-782-0360 or jason.martin@ky.gov Pre-approval of financing for bid amount must be included with bid submission. Faxed or emailed bids will not be accepted. This sale is subject to the approval of the secretary of the Finance and Administration Cabinet, as authorized by KRS Chapters 45A and 56. THE COMMONWEALTH RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. EXHIBIT! COMMONWEAL TH OF KENTUCKY FINANCE AND ADMINISTRATION CABINET DIVISION OF REAL PROPERTIES INVITATION FOR PROPOSAL/BID SEALED BID PROPOSAL FOR SALE SURPLUS REAL PROPERTY OWNED BY THE COMMONWEALTH OF KENTUCKY Office Building 212 N. Water Street Henderson, KY 42420 Invitation No.: 102017 Bid Opens: October 20, 2017 at 11 :00 a.m. Eastern Time In the Division of Real Properties Office 1. Sealed bids must be submitted on the opening. "Form of Proposal" included within and 4. To obtain a (Form of Proposal/Bid made part of this Invitation and received Package) and further information contact at the Division of Real Properties, Jason Martin, Division of Real Department for Facilities and Support Properties, 3rd Floor, Bush Building, 403 Services, Finance and Administration W apping Street, Frankfort, Kentucky Cabinet, 3rd Floor, Bush Building, 403 40601-2607 (Phone: 502-782-0360). W apping Street, Frankfort, Kentucky 40601-2607, not later than the specified 5. Notice to Bidders - If you plan to attend "bid opening" time and date. the bid opening and have a disability which requires accommodation by the 2. The Commonwealth of Kentucky Division of Real Properties, please reserves the unqualified right to reject contact our office by October 18, 2017 so any or all bids. that reasonable arrangements can be made. 3. Bidders are invited to attend the bid 1 SCOPE OF PROPOSAL Surplus real property for sale consisting of a 5,959 Sq. Ft building, with 4,000 SF finished basement situated on approximately 0.45 +/- acres located at 212 N. Water Street, Henderson, Kentucky. Additional information, including pictures of this structure, may be viewed at www.finance.ky.gov and clicking the link on the right for Surplus Real Estate. Proposals will be accepted for the sale of the above property in compliance with the "Sealed Bid Form of Proposal" herewith. BID CONDITIONS 1. All bids received by the due date and time will be considered for this property. Bidders must include an approval letter from a lending institution for the amount of their bid or a letter verifying that the funds are available if a cash transaction is preferred. 2. BID DEPOSIT: Each bid must also be accompanied by a deposit in the form of a certified check, cashier's check, or money order made payable to the Kentucky State Treasurer in the amount of $1,000.00, as a guarantee of good faith; cash will not be accepted. The good faith deposit of all unsuccessful bidder(s) will be returned by mail as soon as possible once the bids have been opened and a contract awarded. The deposits of all bidders will be returned if all bids are rejected. 3. The successful bidder's good faith deposit will be retained and applied toward the purchase price, if it is determined that the property will be sold. Payment of the balance of the 2 purchase price must be made payable to the Kentucky State Treasurer and is due at the time of delivery of the deed. Closing shall occur no later than forty-five days from the date of the bid acceptance. The successful bidder's good faith deposit will be forfeited to the Commonwealth of Kentucky should the successful bidder fail or refuse to consummate the purchase of the property. The Commonwealth does not certify the square footage of the improvements or the amount of acreage to be sold. The property will be sold "AS-IS" with no guarantees or warranties. Should the Bidder or lending institution require an inspection of the property, this is the sole responsibility of the Bidder. 4. Should you be a prospect and wish to view the property, the building will be open for a site visit on September 22, 2017 from 10:00 a.m. to 2:00 p.m. EST. 5. It shall be the responsibility of the prospective bidder(s) to inspect the property prior to submitting a bid to determine pertinent factors of access, zoning, utilities, and easements, etc. No refunds or adjustments will be made because the property fails to meet standards of quality or conditions expected, nor will failure to inspect the property be grounds for any claim for relief from bid. 6. A good marketable title to the property will be conveyed by deed containing covenant of special warranty. This sale is subject to the approval of the Secretary, Finance and Administration Cabinet, as authorized by KRS Chapters 45A and 56 and the Governor. 7. The successful bidder or his/her successor in title will be responsible for the payment of all 3 taxes falling due on the property after delivery of the deed, including the deed recording fees. NOTE: A BID WILL ONLY BE CONSIDERED VALID WHEN COMPLETED ON THE ATTACHED "FORM OF PROPOSAL." IT MUST BE SIGNED AND SUBMITTED WITH THE BID DEPOSIT AS SPECIFIED IN A SEALED ENVELOPE WITH THE INVITATION NUMBER BOLDLY WRITTEN ON THE OUTSIDE OF THE ENVELOPE. BIDS MUST BE DELIVERED TO THE RECEIVER ON OR BEFORE THE DESIGNATED BID OPENING. FAXED OR EMAILED BIDS WILL NOT BE ACCEPTED. s. THE COMMONWEALTH OF KENTUCKY RESERVES THE UNQUALIFIED RIGHT TO REJECT ANY AND ALL BIDS. 4 SWORN STATEMENT REGARDING CAMPAIGN FINANCE LAWS PURSUANT TO KRS 45A.110 KRS 45A.115 The undersigned hereby swears or affirms, under the penalty prescribed by law for perjury, that neither she/he, individually, nor, to the best of her/his knowledge and belief, the corporation, partnership, or other business entity which she/he represents in connection with this bid has knowingly violated any provision of the campaign finance laws of the Commonwealth of Kentucky, and that the award of a contract to her/him, individually, or to the corporation, partnership, or other business entity which she/he represents, will not violate any provision of the campaign finance laws of the Commonwealth. BIDDER: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ (SIGNATURE) (TITLE) (NAME OF COMPANY) ,STATE OF - - - - - - - - - - - - ' ) ss COUNTY OF_ _ _ _ _ _ _ _ _) The foregoing statement was sworn to me this ___ day - - - - - - - - 2017, NOTARY PUBLIC MY COMMISSION EXPIRES: --------------------- 5 FORM OF PROPOSAL (SEALED BID) TO: Finance and Administration Cabinet INVITATION NO. ~ 102017 ~~--- Department of Facilities & Support Services Division of Real Properties BID OPENING: October 20, 2017 Bush Building, 3rd Floor 403 Wapping Street AT: 11:00 a.m. EST Frankfort, Kentucky 40601-2607 BID FORM Subject to the instructions, terms and conditions, an Authentication of Bid and Affidavit of Non-Collusion and Non-Conflict of Interest, I propose to pay the Commonwealth of Kentucky the following amount for the property described in this bid package as approved on the attached letter: NOTE: BIDS SIGNED BY AN AGENT ARE TO BE ACCOMPANIED BY EVIDENCE OF HIS/HER AUTHORITY, UNLESS SUCH EVIDENCE HAS BEEN PREVIOUSLY FURNISHED TO THE AGENCY REPRESENTATNE. Should I be the successful bidder, make deed to: (with) (without) Survivorship Clause SIGNED B Y : - - - - - - - - - - - - - - - - - - - - - SIGNED: (Type or Print) - - - - - - - - - - - - - - - - - - (Name) (Address, Street & Number) (City, State, Zip) (Telephone) 6 IMPORTANT: Complete this Bid Form in duplicate and mail the original with good faith bid deposit and lending approval to the address shown herein; keep the duplicate as your record. 7

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