Board of Commissioners Meetings

City of Henderson, Kentucky Board of Commissioners Video Teleconference Meeting Tuesday, January 12, 2021 3:00 P.M. This meeting will be conducted as a video teleconference meeting as allowed under KRS61 .826. Any interruption in the video or audio broadcast at any location shall result in the suspension of the meeting until the broadcast is restored. As a result of the state of emergency declared by the President of the United States and the Governor of Kentucky due to the global COVID-19 pandemic, and in accordance with recommended and mandated precautions related to COVID- 19, Kentucky Opinion of the Attorney General 20-05, and SB 150 the following Meeting Notice is issued: Please take notice that as Mayor of the City of Henderson, Kentucky, I hereby call a meeting of the Board of Commissioners to be held on Tuesday, January 12, 2021, at 3:00 p.m. in the third floor assembly room, 222 First Street, Henderson, Kentucky. One or more members of the Board of Commissioners may participate via video teleconferencing system and the meeting will be broadcast to the public. No primary location will be set for public attendance as per Kentucky Attorney General Opinion 20-05, public attendance will not be permitted at this meeting due to the highly contagious nature of COVID-19, it is not feasible for the City to maintain order and abide by recommended and mandated precautions while providing a central physical location for public viewing particularly while Henderson County is in a Red Zone. The meeting will be broadcast on Zoom (call in number/webinar ID - 1 312 626 6799 / 822 0296 2689 Password: 8311200) or https://us02web.zoom.us/i/82202962689 Password: 8311200; will be broadcast on cable Spectrum Channel 200; live streamed on the city ' s website: https://www.cityofhendersonky.org/CivicMedia; Facebook and Twitter. The purpose of this meeting is for the following: AGENDA 1. Roll Call: 2. Recognition of Visitors: 3. Appearance of Citizens: 4. Proclamations: 5. Presentations: 6. Public Hearings: 7. Consent Agenda: Resolutions: a. Resolution Appointing Commissioners Austin Vowels and Robert Pruitt to Board of Trustees of Civil Service Pension Fund b. Resolution Appointing Commissioner Bradley Staton and Commissioner Robert Pruitt to the Audit Committee for the City of Henderson Please mute or turn off all cell phones for the duration of this meeting.  c. Resolution Appointing Commissioner Rodney Thomas to the Board of Occupational License Appeals d. Resolution Appointing Mayor Steve Austin to Henderson- Henderson County Flood Mitigation Board e. Resolution Appointing Crystal Childress as Representative for the City and County to Serve on Audubon Area Community Services Board f. Resolution Appointing Commissioner Austin Vowels to Serve on Downtown Henderson Partnership Board g. Resolution Appointing Commissioner Bradley S. Staton to Serve on Agency Funding Ad Hoc Committee h. Resolution Appointing Commissioners Bradley Staton and Austin Vowels to City/County Cooperative Study Team 1. Resolution Appointing Mayor Steve Austin to the GRADD (Green River Area Development District) Board J. Resolution Appointing Mayor Steve Austin as Director on the Board of Directors of Public Energy Authority of Kentucky (PEAK) 8. Ordinances & Resolutions: Second Readings: First Readings: Ordinance Awarding Non-Exclusive 20-Year Electric System Franchises Kentucky Utilities Company Resolutions: Resolution Appointing Mayor Pro Tern for the City 9. Bids & Contracts: 10. Unfinished Business: 11. City Manager's Report: 12. Commissioner's Reports: 13. Appointments: 14. Executive Session: 15. Miscellaneous: 16. Adjournment Please mute or turn off all cell phones for the duration of this meeting.  City Commission Memorandum 21-01 January 7, 2021 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager Jv:})} SUBJECT: Consent Agenda The Consent Agenda for the called meeting of January 12, 2021, contains the following: Resolutions: a. Resolution Appointing Commissioners Austin Vowels and Robert Pruitt to Board of Trustees of Civil Service Pension Fund b. Resolution Appointing Commissioner Bradley Staton and Commissioner Robert Pruitt to the Audit Committee for the City of Henderson c. Resolution Appointing Commissioner Rodney Thomas to the Board of Occupational License Appeals d. Resolution Appointing Mayor Steve Austin to Henderson-Henderson County Flood Mitigation Board e. Resolution Appointing Crystal Childress as Representative for the City of Henderson and Henderson County to Serve on Audubon Area Community Services Board f. Resolution Appointing Commissioner Austin Vowels to Serve on Downtown Henderson Partnership Board g. Resolution Appointing Commissioner Bradley S. Staton to Serve on Agency Funding Ad Hoc Committee h. Resolution Appointing Commissioners Bradley Staton and Austin Vowels to City/County Cooperative Study Team 1. Resolution Appointing Mayor Steve Austin to the GRADD (Green River Area Development District) Board J. Resolution Appointing Mayor Steve Austin as Director on the Board of Directors of Public Energy Authority of Kentucky (PEAK)  RESOLUTION NO. - - - - RESOLUTION APPOINTING COMMISSIONERS AUSTIN VOWELS AND ROBERT PRUITT TO BOARD OF TRUSTEES OF CIVIL SERVICE PENSION FUND WHEREAS, it is necessary to appoint two City Commissioners to serve on the Board of Trustees of the Civil Service Pension Fund for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioners Austin Vowels and Robert Pruitt are hereby appointed as members of the Board of Trustees of the Civil Service Pension Fund for the City of Henderson effective as of January 1, 2021. On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: 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, CKMC City Clerk APPROVED AS T~?RM AND LEGALITY THIS DAY OF JANUARY, 2021. By: ~ ( ·.. /·~ 'iJawnS. K e ~ City Attorney  RESOLUTION NO. - - - RESOLUTION APPOINTING COMMISSIONER BRADLEY STATON AND COMMISSIONER ROBERT PRUITT TO THE AUDIT COMMITTEE FOR THE CITY OF HENDERSON WHEREAS, it is necessary that two members of the Board of Commissioners be appointed to the Audit Committee for the City of Henderson. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioner Bradley Staton and Commissioner Robert Pruitt are hereby appointed to serve on the Audit Committee for the City of Henderson effective as of January 1, 2021. On motion of Commissioner , seconded by Commissioner that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. ATTEST: Steve Austin, Mayor Date: ---------- Maree Collins, CKMC City Clerk APPROVED AS TO FORM AND LEGALITY TIDS .d,._ DAY OF JANUARY, 2021. By: -~6 'Bawn~se City A t t o m : .  RESOLUTION NO. - - - - RESOLUTION APPOINTING COMMISSIONER RODNEY THOMAS. TO THE BOARD OF OCCUPATIONAL LICENSE APPEALS WHEREAS, it is necessary to appoint a City Commissioner to serve on the Board of Occupational License Appeals for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioner Rodney Thomas is hereby appointed to serve on the Board of Occupational License Appeals for the City of Henderson effective as of January 1, 2021. On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _ , that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: 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, CKMC City Clerk APPROVED AS TO FORM AND LEGALITY THIS JANUARY, 2021. · -I- DAY OF By: /;" Dawn S. Kelsey City Attorney  RESOLUTION NO. - - - - RESOLUTION APPOINTING MAYOR STEVE AUSTIN TO HENDERSON-HENDERSON COUNTY FLOOD MITIGATION BOARD WHEREAS, the Mayor appointed a designee to serve on the Henderson-Henderson County Flood Mitigation Board for the City; and WHEREAS, the Mayor will serve as the commission's appointee. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Mayor Steve Austin is hereby appointed as members of the Henderson-Henderson County Flood Mitigation Board for the City of Henderson effective as of January 1, 2021. On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _,. that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: - - - Commissioner Thomas: Mayor Austin: Commissioner Vowels: 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, CKMC City Clerk APPROVED AS LEGALITY THIS TYRM AND - ' DAY OF JANUARY, 2021. By:4~ City Attorney  RESOLUTION NO. - - - - RESOLUTION APPOINTING CRYSTAL CHILDRESS AS REPRESENTATIVE FOR THE CITY OF HENDERSON AND HENDERSON COUNTY TO SERVE ON AUDUBON AREA COMMUNITY SERVICES BOARD WHEREAS, it is necessary for the Mayor to appoint a joint representative for the City and the Fiscal Court of Henderson County to serve on the Audubon Area Community Services Board for the City; and WHEREAS, Crystal Childress has volunteered to be the City of Henderson and Henderson Fiscal Court representative to the Audubon Area Community Services board of directors. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Crystal Childress is hereby appointed to the Audubon Area Community Services Board to represent the City of Henderson and County of Henderson effective contingent upon the appointment by the Fiscal Court of Henderson County. On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: 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, CKMC City Clerk APPROVED AS TO FORM AND LEGALITY THIS_:/- DAY OF JANUARY, 2021. t By: !)} d ~ /V~~ S. Kcisey~ City Attorney  RESOLUTION NO. - - - RESOLUTION APPOINTING COMMISSIONER AUSTIN VOWELS TO SERVE ON DOWNTOWN HENDERSON PARTNERSHIP BOARD WHEREAS, it is necessary to appoint a City Commissioner to serve on the Downtown Henderson Partnership Board for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioner Austin Vowels is hereby appointed to the Downtown Henderson Partnership Board for the City of Henderson effective as of January 1, 2021. On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: 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, CKMC City Clerk APPROVED AS TO FpRM AND LEGALITY THIS// DAY OF JANUARY, 2021. By: {/ Ii ~i2ttu._. ,,:i' ~. -' / DawnS.K~ City Attorney  RESOLUTION NO. - - - - RESOLUTION APPOINTING COMMISSIONER BRADLEY S. STATON TO SERVE ON AGENCY FUNDING AD HOC COMMITTEE WHEREAS, it is necessary for the Mayor to appoint a City Commissioner to serve on the Agency Funding Ad Hoc Committee for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioner Bradley S. Staton is hereby appointed to the Agency Funding Ad Hoc Committee for the City of Henderson effective as of January 1, 2021. On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: 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, CKMC City Clerk APPROVED AS LEGALITY THIS T°f ' DAY OF RM AND JANUARY, 2021 . By: Dawn S. Kelsey City Attorney  RESOLUTION NO. - - - - RESOLUTION APPOINTING COMMISSIONERS BRADLEY STATON AND AUSTIN VOWELS TO CITY/COUNTY COOPERATIVE STUDY TEAM WHEREAS, the City and County of Henderson have formed a committee to study areas of cooperation between the two governments', such committee to be comprised of four (4) members, with two (2) members from the City's Board of Commissioners, and two (2) members from the Fiscal Court of the County; and WHEREAS, it is necessary that the City appoint its members to said committee. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Bradley Staton and Austin Vowels are hereby appointed as the City's members on the City/County Cooperative Study Team. On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _ , that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Steve Austin, Mayor Date: ----------- ATTEST: Maree Collins, CKMC City Clerk APPROVED AS TO,RM AND LEGALITY THIS DAY OF JANUAR , 2021. 1 " By: Dawn S. Kelsey City Attorney  RESOLUTION NO. - - - - RESOLUTION APPOINTING MAYOR STEVE AUSTIN TO SERVE ON THE GRADD (GREEN RIVER AREA DEVELOPMENT DISTRICT) BOARD WHEREAS, Mayor is appointed as representative to serve on the GRADD (Green River Area Development District) Board for the City. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Mayor Steve Austin is hereby appointed to the GRADD (Green River Area Development District) Board for the City of Henderson effective as of January 1, 2021. On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: 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, CKMC City Clerk APPROVED AS TO FORM AND LEGALITY THIS /_/ DAY OF JANUARY, 2021. I By: ~~ ~a~Kelsey City Attorney  RESOLUTION NO. - - - - RESOLUTION APPOINTING MAYOR STEVE AUSTIN AS DIRECTOR TO BOARD OF PUBLIC ENERGY AUTHORITY OF KENTUCKY (PEAK) WHEREAS, it is necessary that the Board of Commissioners appoint a director from the City of Henderson to the Board of Directors of Public Energy Authority of Kentucky (PEAK). NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Mayor Steve Austin is hereby appointed as director for the City of Henderson on the Board of Directors of Public Energy Authority of Kentucky (PEAK). On motion of Commissioner , seconded by Commissioner _ _ _ _ _ _ _ _ _ _, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: 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, CKMC City Clerk APPROVED AS TO FpRM AND LEGALITY THIS f,Z DAY OF JANUARY, 2021. C/} /}~ ,1 # By:,~ Dawn S. Kesey City Attorney  City Commission Memorandum 21-03 January 7, 2021 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager };vd,J SUBJECT: Non-Exclusive Electric System Franchise Agreement An item for the agenda of Tuesday, January 12, 2021 is first reading of an ordinance to approve 20-year, non-exclusive franchise agreement for an electric system within the confines of the City with Kentucky Utilities Company, Inc. Last year the City was contacted by Kentucky Utilities requesting the placement of electrical lines within the City's right-of-way in a local subdivision. In December 2020 the City created a non-exclusive franchise ordinance for electrical systems within the City in order to accommodate the earlier request. The franchise process includes the offering at bid of a 20-year non-exclusive electrical system franchise. Kentucky Utilities has now completed the bid and application process for the franchise. The Franchises will commence after final reading of this ordinance and all documents are fully executed. Your approval of the attached ordinance is requested. c: Dawn Kelsey  ORDINANCE 01-21 AN ORDINANCE AW ARD ING A NON-EXCLUSIVE FRANCHISE TO KENTUCKY UTILITIES COMPANY, INC. FOR A TERM OF TWENTY (20) YEARS FOR AN ELECTRIC SYSTEM WITHIN THE CONFINES OF THE CITY OF HENDERSON, KENTUCKY AND AUTHORIZING THE MAYOR TO SIGN A FRANCHISE AGREEMENT WITH KENTUCKY UTILITIES COMPANY, INC. WHEREAS, by Ordinance No. 30-20 the City of Henderson, Kentucky ("Henderson") created a twenty (20) year, non-exclusive franchise for an electric system; and WHEREAS, Henderson offered at bid a franchise pursuant to Ordinance No. 30-20; WHEREAS, Henderson received a bid from Kentucky Utilities Company, Inc. for an electric franchise pursuant to Ordinance No. 30-20 (See Exhibit 1). NOW, THEREFORE, BE IT ORDAINED by the city of Henderson, Kentucky as follows: Section 1. That a twenty (20) year, non-exclusive electric franchise created by Ordinance No. 30-20 be, and it hereby is, awarded to Kentucky Utilities Company, Inc. Section 2. All prior ordinances, or ordinances, or parts thereof in conflict herewith, are to the extent of such conflict, hereby repealed. Section 3. That the Mayor is hereby authorized to sign the Franchise Agreement which memorializes the award by Henderson to Kentucky Utilities Company, Inc. of said franchise subject to the terms and conditions reflected in Ordinance No. 30-20 and this Ordinance. Said agreement is attached hereto and incorporated by reference as Exhibit 2. Section 4. That the statements set forth in the Preamble to this Ordinance are hereby incorporated in this Ordinance by reference, the same as if set forth at length herein. Section 5. That if any section, sentence, clause or phrase of this Ordinance is held to be unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remainder of the Ordinance. Section 6. That this Ordinance shall be effective upon its legal adoption. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: - - - - Commissioner Thomas: Mayor Austin: Commissioner Vowels: WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for second reading at a meeting of the Board of Commissioners.  On second reading of the ordinance, it was moved by Commissioner _ _ _ _ _ _ _ _ _ _ , seconded by Commissioner _ _ _ _ _ _ _ _ _ _ , that the ordinance be adopted. WHEREUPON, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: - - - - Commissioner Thomas: Mayor Austin: Commissioner Vowels: WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered it be recorded. Steve Austin, Mayor Date: - - - - - - - - - - - - ATTEST: Maree Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS DAY OF JANUARY 2021. By:~O~ Dawn S. Kelsey City Attorney lGC IQPPL companies December 22, 2020 City of Henderson Assistant Finance Director P.O. Box 716 222 First Street Henderson, KY 42419 Dear City of Henderson, On behalf of Kentucky Utilities Company (KU), please consider this letter as KU's bid for an electric franchise with the City of Henderson. This bid is in response to the City of Henderson's request as contained in the December 6, 2020 issue of The Gleanor. It is our understanding that said franchise will be for a twenty (20) year period with an annual fee of zero (0.00) percent with the right to increase to a total annual fee of up to five (5) percent as authorized by Ordinance No. 30-20 passed by the City Commissioners of Henderson on November 17, 2020. KU agrees to the terms and conditions of the franchise created by Ordinance No. 30-20 and agrees to reimburse advertising expenses incurred by the City of Henderson. Please be advised that KU has also filed for a Certificate of Public Convenience and Necessity from the Kentucky Public Service Commission in connection with the submission of this bid. We appreciate the opportunity to present this bid, and welcome any questions regarding the same. Respectfully, Eileen L. Saunders Vice President, Customer Services Exhibit "1"  FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT made and entered into this 19th day of January 2021, by and between the CITY OF HENDERSON, a municipal corporation and political subdivision of the Commonwealth of Kentucky (hereinafter "Henderson"), and KENTUCKY UTILITIES COMPANY, INC., a corporation created and existing under and by virtue of the laws of the Commonwealth of Kentucky (hereinafter "Kentucky Utilities"). WITNESS ETH: WHEREAS, by Ordinance No. 30-20, Henderson provided for the creation and sale of a non-exclusive franchise, for a term of twenty (20) years, to enter upon, lay, acquire, construct, operate, maintain , install, use and repair, in the public right-of-way of Henderson, a system or works for the generation, transmission, distribution and sale of electrical energy from points either within or without the corporate limits of Henderson, to Henderson and the inhabitants thereof, and from and through Henderson to persons, corporations and municipalities beyond the limits thereof, and for the sale of same for light, heat, power and other purposes; and WHEREAS, Ordinance No. 30-20 authorized the advertising for bids on said franchise, and Kentucky Utilities submitted a timely bid to acquire said franchise; and WHEREAS, by Ordinance No. 01-21 Henderson accepted the bid of Kentucky Utilities to acquire said franchise; and WHEREAS, Henderson and Kentucky Utilities have entered into this Franchise Agreement to memorialize the sale by Henderson to Kentucky Utilities of said franchise subject to the terms and conditions reflected in Ordinance No. 30-20 and Ordinance No. 01-21. 1 Exhibit "2"  NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein the receipt and sufficiency of which are hereby acknowledged, Henderson and Kentucky Utilities hereby agree to incorporate the foregoing recitals as if fully set forth herein and further agree as follows: 1. Ordinance No. 30-20 which is attached hereto as Exhibit "A", is incorporated herein by reference in its entirety and shall apply as if fully set forth herein. 2. The bid of Kentucky Utilities for said franchise, which is attached hereto as Exhibit "B ", is incorporated herein by reference in its entirety and shall apply as if fully set forth herein. 3. Ordinance No. 01-21, which is attached hereto as Exhibit "C", is incorporated herein by reference in its entirety and shall apply as if fully set forth herein. 4. Henderson has granted unto Kentucky Utilities a non-exclusive franchise, for a term of twenty (20) years, to enter upon, lay, acquire, construct, operate, maintain, install, use and repair, in the public right-of-way of Henderson, a system or works for the generation, transmission, distribution and sale of electrical energy within the corporate boundaries of Henderson subject to the provisions of the Ordinance No. 30-20 and Ordinance No. 01-21. 5. The franchise memorialized in this Franchise Agreement shall commence February 1, 2021 and shall expire as provided in the terms and provisions of Ordinance No. 30-20. 2  6. As compensation for said franchise, Henderson reserves the right to assess franchise fees upon prior ninety (90) days written notice to Kentucky Utilities. Should Henderson exercise said right to assess franchise fees, Henderson shall receive payment of franchise fees in an amount not to exceed five percent (5%) of gross receipts per year from Kentucky Utilities sale of electricity to electric-consuming entities (which includes businesses, industrial facilities and dwellings) inside the City's corporate limits; provided, however, Henderson shall notify Kentucky Utilities, at least thirty (30) days prior to the effective date of any imposition of franchise fees, of any annexations or other changes in Henderson's boundaries and provide Kentucky Utilities a map of the territory annexed or added to or de-annexed or otherwise removed from Henderson's limits that are to be served by Kentucky Utilities. 7. As further consideration for the granting of this franchise, Kentucky Utilities agrees to pay all publication costs Henderson incurs in the granting of this franchise. The above- mentioned costs shall be invoiced by Henderson to Kentucky Utilities and Kentucky Utilities shall pay said costs within thirty (30) days of receipt of said invoice. 8. Kentucky Utilities does hereby bind itself, its successors and assigns, to faithfully and fully perform each and every condition of said franchise as memorialized in this Franchise Agreement, and further to faithfully perform all acts required of it as the purchaser of said franchise. 9. This Franchise Agreement memorializes the agreement between the parties contained and embodied in the Ordinance No 30-20 and Ordinance No. 01-21 and shall be binding upon and inure to the benefit of the respective successors in interest to the parties hereto. 3  IN WITNESS WHEREOF, Henderson and Kentucky Utilities have executed this Franchise Agreement as their free and voluntary act and deed effective as of the day and year first above written. [Signatures on following page] 4  CITY OF HENDERSON BY: _ _ _ _ __ _ __ _ _ _ __ MAYOR ATTEST: CITY CLERK KENTUCKY UTILITIES COMPANY, INC. BY: ~ £ ~ VI'PRESIDENT, CUSTOMER SERVICES STATE OF KENTUCKY ) ) COUNTY OF "Je-/fei(( The foregoing Franchise Agreement was subscribed, sworn to and acknowledged before me by l-,-;ec,.~J, Kentucky Utilities Company, Inc., on this the ~ of January 2021. My commission expires: ID-# f!-YN'fJ 'l & 'I~ /,' ·L ' .<,c../Z NOTARY PUBLI - KENTUCKY, STATE-AT-LARGE 5  Exhibit List A Ordinance No. 30-20 B Bid C Ordinance No. 01-21 6  CITY OF HENDERSON - ORDINANCE BOOK 189 Record of Ordinances of Meetings in 2020 ORDINANCE NO. 30-20 ORDINANCE AMENDING CHAPTER 23 UTILITIES SUMMARY: AN ORDINANCE AMENDING CHAPTER 23, UTILITIES BY ADDING NEW ARTICLE X ELECTRIC FRANCHISE, SECTIONS 23-210 THRU 23-229 OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON BY CREATING AND ESTABLISHING ARTICLE X NON-EXCLUSIVE ELECTRIC FRANCHISE OF CHAPTER 23, UTILITIES FOR BID A NON- EXCLUSIVE ELECTRIC FRANCHISE FOR THE PLACEMENT OF FACILITIES FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICAL ENERGY WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF HENDERSON FOR A TWENTY (20) YEAR DURATION, RESERVING THE RIGHT TO IMPOSE A FRANCHISE FEE NOT TO EXCEED FIVE PERCENT (5%) OF GROSS ANNUAL REVENUES FROM THE FRANCHISEE'S SALE OF ELECTRICITY TO ELECTRIC-CONSUMING ENTITIES INSIDE THE CITY OF HENDERSON'S CORPORATE LIMITS AND FURTHER PROVIDING FOR COMPLIANCE WITH RELEVANT LAWS, REGULATIONS AND STANDARDS; INDEMNIFICATION; INSURANCE; CANCELLATION OR TERMINATION; AND BID REQUIREMENTS; ALL EFFECTIVE ON DATE OF PASSAGE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF HENDERSON, COMMONWEALTH OF KENTUCKY AS FOLLOWS: ARTICLE X. ELECTRIC FRANCHISE SECTION 23-210. - FRANCHISE CREATED. (a) There is hereby created a non-exclusive franchise to enter upon, lay, acquire, construct, operate, maintain, install, use, and repair, in the Right-Of-Way of the City, a system or works for the generation, transmission, and distribution of electrical energy within the corporate boundaries of the City as it now exists or may hereafter be constructed or extended, subject to the provisions of this Ordinance. Such system may include pipes, wire, manholes, ducts, structures, stations, towers, amplifiers, poles, overhead conductors and devices, underground conductors and devices, transformers, and any other apparatus, equipment and facilities (collectively, "Equipment") necessary, essential, and/or used or useful to the distribution and sale of electric service through the City and to any other town or any portion of the county or to any other county ("Services"). Additionally, the Company shall have the right to use the streets with its service and maintenance vehicles in furtherance of this Franchise. Unless there is an emergency, prior to beginning the construction or installation of any new equipment under this Franchise, the Company shall obtain any necessary governmental permits for such construction or installation, copies of which it shall provide to the City. Work performed by the Company under this Franchise shall be performed in a workmanlike manner and in such a way as not to unnecessarily interfere with the public's use of City streets. Whenever the surface of any City street is opened, it must be restored at the expense of the Company within a reasonable time to a condition comparable to what it was prior to the opening thereof. (b) The Company will replace segments of existing overhead facilities within the Right-Of-Way with underground facilities at the request of and cost to the City in accordance with its general underground practices and procedures and rules established by the Kentucky Public Service Commission. Subject to such practices and procedures and rules, repairs or replacements PUBLICATION DATE: 11/21/2020 FIRST READ: 11/10/2020 SECOND READ: 11/17/2020 ORDINANCE NO. 30-20 19() CITY OF HENDERSON - ORDINANCE BOOK Record of Ordinances of Meetings in 2020 ORDINANCE NO. 30-20 (CONT.) of existing facilities or construction of new facilities within areas where existing facilities have been placed underground at the request of the City also shall be placed underground; provided, however, the City pays incremental costs associated with placing new facilities in such areas underground, if any. SECTION 23-211. DEFINITIONS. The following definitions apply to this Ordinance: (I) Board of Commissions means the legislative body of the City of Henderson. (2) Company means the Party or Person that shall become the purchaser of said franchise, or any successor or assignee of such Party or Person. (3) Facility includes all property, means, and instrumentalities owned, operated, leased, licensed, used, furnished, or supplied for, by, or in connection with the business of the utility in the Right-Of-Way. (4) Government or City means the City of Henderson. (5) Gross Receipts means those amounts of money which the Company receives from its customers within the City's geographical limits or boundaries for the retail sale of electricity under rates, temporary or permanent, authorized by the Kentucky Public Service Commission and represents amounts billed under such rates as adjusted for refunds, the net write-off of uncollectible accounts, corrections or other regulatory adjustments. Gross Receipts does not include miscellaneous service charges, including but not limited to turn ons, meter sets, non sufficient funds, late fees and interest, which are related to but are not a part of the actual retail sale of electricity. (6) Party or Person means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a Utility, a successor or assign of any of the foregoing, or any other legal entity. (7) Public Utility or Utility means a Party or Person that is defined in KRS Chapter 278.010 as a utility and (i) is subject to the jurisdiction of the Kentucky Public Service Commission or the Federal Energy Regulatory Commission, or (ii) is required to obtain a franchise from the Government to use and occupy the Right-Of-Way pursuant to Sections 163 and 164 of the Kentucky Constitution. (8) Right-Of-Way means the surface of and the space above and below a public roadway, highway, street, freeway, lane, path, sidewalk, alley, court, boulevard, avenue, parkway, cartway, bicycle lane or path, public sidewalk, or easement held by the Government for the purpose of public travel and shall include Rights-Of-Way as shall be now held or hereafter held by the Government. SECTION 23-212. NON-EXCLUSIVE & DURATION OF FRANCHISE The Franchise created herein shall be non-exclusive and shall continue for a period of twenty (20) years from and after the effective date of this Ordinance, as set forth in Section 5. The Company may, at its option, terminate this Franchise upon forty-five (45) days' written notice if(a) the City breaches any of its obligations hereunder and such breach is not cured within thirty (30) days of the Company's notice to the City of such breach; (b) the Company is not permitted to pass through to affected customers all fees payable by it under Section 9 herein; or (c) the City creates or amends any ordinance or regulation which, in the Company's sole discretion, would have the effect of (i) substantially altering, amending or adding to the terms of this Ordinance, (ii) substantially impairing the Company's ability to perform its obligations under the Franchise in an efficient, unencumbered and profitable way; or (iii) preventing the Company from complying with applicable statutes or regulations, rules or orders issued by the Kentucky Public Service Commission. Without diminishing the Company's rights under this Section 3, the City agrees that to the extent it desires to pass or amend an ordinance or regulation which could have the effect of ORDINANCE NO. 30-20  CITY OF HENDERSON - ORDINANCE BOOK 191 Record of Ordinances of Meetings in 2020 ORDINANCE NO. 30-20 (CONT.) substantially (i) altering, amending, or adding to the terms of this Ordinance; (ii) impairing the Company's ability to perform its obligations under this Franchise in an efficient, unencumbered and profitable way; or (iii) preventing the Company from complying with applicable statutes or regulations, rules or orders issued by the Kentucky Public Service Commission, that it will first discuss such proposed ordinance or regulation with the Company and the parties shall negotiate in good faith regarding the same. SECTION 23-213. AUTHORIZED TO OPERATE IN ELECTRICS TERRITORY The Company is authorized to operate throughout all the territory within the corporate limits of the City for which it is authorized under state or federal law. SECTION 23-214 EFFECTIVE DA TE This Ordinance shall become effective on the date of its passage and publication as required by law. The Franchise created by this Ordinance shall take effect no earlier than thirty (30) days after the Board of Commissioners accepts the bid(s). SECTION 23-215. COMPLIANCE WITH OTHER APPLICABLE LAW; NON-WAIVER (1) Subject to Section 23 hereof, the Company will comply with all applicable provisions of lawful City ordinances and regulations (including any amendments thereto), unless such provisions (i) conflict with or impair the Company's ability to comply with any rule, regulation or order issued by the Kentucky Public Service Commission related to the Company's rates or services, or otherwise (ii) are preempted by the action of any state or federal authority with jurisdiction over the Company. (2) The Company shall not be excused from complying with any of the terms and conditions of this Ordinance by any failure of the Government, upon any one or more occasions, to insist upon the Company's performance or to seek the Company's compliance with anyone or more of such terms or conditions. SECTION 23-216. RIGHTS RESERVED BY CITY. Subject to the above provisions of this Article, the Franchise created by this Ordinance is expressly subject to the right of the City: (i) to repeal the same for misuse, nonuse, or the Company's failure to comply with applicable local, state or federal laws; (ii) to impose such other regulations as may be determined by the City to be conducive to the safety, welfare and morals of the public; and/or (iii) to control and regulate the use of its Right-Of-Way. SECTION 23-217. INDEMNIFICATION. As consideration for the granting of the Franchise created by this Ordinance, the Company agrees it shall defend, indemnify, and hold harmless the Government from and against claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses asserted against the Government that the Company's use of the Right-Of-Way or the presence or operation of the Company's equipment on or along said Right-Of-Way has caused damage to tangible property or bodily injury, if and to the extent such damage or injury is not caused by the Government's negligence. The Government shall notify the Company in writing within a reasonable time of receiving notice of any issue it determines may require indemnification SECTION 23-218. FRANCHISE FEES AND OTHER FEES. (1) The City reserves the right to assess franchise fees upon prior ninety (90) days written notice to the Company. Should the City exercise said right to assess franchise fees, the City shall receive payment of franchise fees in an amount not to exceed five percent ORDINANCE NO. 30-20 192 CITY OF HENDERSON - ORDINANCE BOOK Record of Ordinances of Meetings in 2020 ORDINANCE NO. 30-20 (CONT.) (5%) of gross receipts per year from the Company's sale of electricity to electric- consuming entities (which includes businesses, industrial facilities and dwellings) inside the City's corporate limits; provided, however, the City shall notify the Company, at least thirty (30) days prior to the effective date of any imposition of franchise fees , of any annexations or other changes in the City's boundaries and provide the Company a map of the territory annexed or added to or de-annexed or otherwise removed from the Government's limits that are to be served by the Company. (2) Payment of any amount due under this Franchise shall be made on a quarterly basis within forty-five (45) days of the end of the preceding payment period. (3) No acceptance of any franchise fee payment by the Government shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount nor shall acceptance be deemed a release to any claim the Government may have for future or additional sums pursuant to this Franchise. Any additional amount due to the Government shall be paid within ten ( 10) days following written notice to the Company by the Government. (4) As further consideration for the granting of this Franchise, the Company agrees to pay all publication costs the City incurs in the granting of this Franchise. The above- mentioned costs shall be invoiced by the City to the Company and the Company shall pay said costs within thirty (30) days ofreceipt of said invoice. (5) Any other fees assessed to the Company in connection with the Company's use of the City's public ways, including fees associated with permits and licenses of whatever nature, shall be payable by the Company only if and to the extent the Company is authorized by the Kentucky Public Service Commission (or its successor) to pass through such fees to the entities served by it inside the City's corporate limits. (6) To the extent the Company actually incurs other reasonable incremental costs in connection with its compliance with the Government's ordinances, the Government agrees that the Company may recover such amounts from its customers pursuant to the terms of a tariff filed with and approved by the Kentucky Public Service Commission, if otherwise permitted by law. SECTION 23-219. INSURANCE REQUIREMENTS. The Company shall maintain in force through the term of the Franchise insurance coverage for general liability insurance, auto liability and workers compensation, in accordance with all applicable laws and regulations. The Company shall maintain a general liability and auto liability coverage minimum limit of$2,000,000 per occurrence. The Company may elect to self- insure all of part of this requirement. SECTION 23-220. RATES. The Company agrees to charge such rate or rates as may from time to time be fixed by the Public Service Commission of Kentucky or any successor regulatory body. SECTION 23-221. TERMINATION OF FRANCHISE (a) In addition to all other rights and powers pertaining to the Government by virtue of the Franchise created by this Ordinance or otherwise, the Government, by and through its Board of Commissioners, reserves the right to terminate and cancel this Franchise and all rights and privileges of the Company hereunder in the event that the Company: (I) Willfully violates any material provision of this Franchise or any material rule, order, or determination of the Government made pursuant to this Franchise, except where such violation is without fault or through excusable neglect; (2) Willfully attempts to evade any material provision of this Franchise or practices any fraud or deceit upon the Government; ORDINANCE NO. 30-20 CITY OF HENDERSON - ORDINANCE BOOK 193 Record of Ordinances of Meetings in 2020 ORDINANCE NO. 30-20 (CONT.) (3) Knowingly makes a material misrepresentation of any fact in the application, proposal for renewal, or negotiation of this Franchise; (4) If experiencing a foreclosure or other judicial sale of all or a substantial part of the Company's Facilities located within the City of Henderson, the Company shall provide the Government at least thirty (30) days advance written notice of such foreclosure or sale; or (5) Is no longer able to provide regular and customary uninterrupted service to its customers in the franchise area. (b) Prior to attempting to terminate or cancel this Franchise pursuant to this section, the City's Mayor or his or her designee, or the Board of Commissioners shall make a written demand that the Company do or comply with any such provision, rule, order or determination. If the violation, found in Section 12(a), by the Company continues for a period of thirty (30) days following such written demand without written proof that corrective action has been taken or is being actively and expeditiously pursued, the Government may place its request for termination of this Franchise as early as the next regular Board of Commissioners meeting agenda. The Government shall cause to be served upon Company, at least ten ( 10) days prior to the date of such Board of Commissioners meeting, a written notice of intent to request such termination and the time and place of the meeting, legal notice of which shall be published in accordance with any applicable laws. (1) It shall be a defense to any attempt to terminate and cancel this Franchise that the Company was relying on federal law, state law, or a valid tariff in acting or not acting on the issue in dispute. (2) The Board of Commissioners shall consider the request of the Government and shall hear any person interested therein, and shall determine in its discretion, whether or not any violation by the Company was with just cause. (3) If such violation by the Company is found to have been with just cause, the Board of Commissioners shall direct the Company to comply therewith within such time and manner and upon such terms and conditions as are just and reasonable. (4) If the Board of Commissioners determines such violation by the Company was without just cause, then the Board of Commissioners may, by resolution, declare that this Franchise of the Company shall be terminated and forfeited unless there is compliance by the Company within such period as the Board of Commissioners may fix. (c) Any violation by the Company or its successor of the material provisions of this Franchise, or the failure promptly to perform any of the provisions thereof, shall be cause for the forfeiture of this Franchise and all rights hereunder if, after written notice to the Company and an opportunity to cure, such violations, failure or.default continue as set forth in Section 12(a). SECTION 23-222. RIGHT TO CANCEL. The Board of Commissioners shall have the right to cancel the Franchise created by this Ordinance thirty (30) days after the appointment of a receiver or trustee to take over and conduct the business of the Company, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said thirty (30) days, unless: 1. Within thirty (30) days after his election of appointment, such receiver or trustee shall have fully complied with all the provisions of this Ordinance and remedied all defaults thereunder; and, 2. Such receiver or trustee, within said thirty (30) days shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby ORDINANCE NO. 30-20 194 CITY OF HENDERSON - ORDINANCE BOOK Record of Ordinances of Meetings in 2020 ORDINANCE NO. 30-20 (CONT.) such receiver or trustee assumes and agrees to be bound by each and every provision of this Ordinance and the Franchise granted to the Company. SECTION 23-223. DEREGULATION In the event the sale of electricity is deregulated within the Commonwealth of Kentucky, and deregulation results in a material shortfall of revenue to the Government, the Government shall have the option of terminating this Franchise with the Company. If this Franchise is terminated by the Government pursuant to this provision, the Government and the Company shall have a duty to negotiate in good faith with respect to offering a mutually acceptable franchise to the Company. SECTION 23-224. TREE TRIMMING. The Company shall have the authority to trim trees that are located within or overhang the Right-Of-Way so as to prevent the branches of such trees from coming in contact with the wires, cables, or other Facilities of the Company. Any trimming, removal or other disturbance of trees shall conform to all lawful ordinances, requirements and directives of the Government, and the Company shall make available upon reasonable request of the Government, information regarding its tree-trimming practices. In the event that the Company fails to timely and sufficiently respond to a legitimate and reasonable complaint regarding its failure to trim such trees, and such complaint is made known to the Government, the Government shall contact the Company with respect to such matter and attempt to reach a satisfactory result. Notwithstanding the foregoing, this provision in no way limits any existing or future lawful rights that the Government may have with respect to such trees. SECTION 23-225. GOVERNED BY THE LAW OF THE COMMONWEALTH This Ordinance and any Franchise awarded pursuant to it shall be governed by the laws of the Commonwealth of Kentucky, both as to interpretation and performance. The venue for any litigation related to this Ordinance and any Franchise awarded pursuant to it shall be in a court of competent jurisdiction in Jefferson County, Kentucky. SECTION 23-226. CONTRACTUAL RELATIONSHIP OR RIGHT OF ACTION OF THIRD PARTY NOT CREATED. This Ordinance and any Franchise awarded pursuant to it does not create a contractual relationship with or right of action in favor of a third party against either the Government or the Company. SECTION 23-227. VALIDITY. If any section, sentence, clause or phrase of this Ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remaining Ordinance. SECTION 23-228. BID ADVERTISED. Bids and proposals for the purchase and acquisition of the franchise. It shall be the duty of the City's Mayor, or his/her designee, to offer for sale at public auction the Franchise and privileges created hereunder. Said Franchise and privileges shall be sold to the highest and best bidder or bidders at a time and place fixed by the City's Mayor after he or she has given due notice thereof by publication or advertisement as required by law. In awarding the franchise, the City shall consider the technical, managerial, and financial qualifications of the bidder to perform its obligations under the franchise. ORDINANCE NO. 30-20 CITY OF HENDERSON - ORDINANCE BOOK 195 Record of Ordinances of Meetings in 2020 ORDINANCE NO. 30-20 {CONT.) SECTION 23-229. BID ACCEPTANCE. 1. Bids and proposals for the purchase and acqms1t1on of the franchise and privileges hereby created shall be in writing and shall be delivered to the City's Mayor, or his/her designee, upon the date(s) and at the times(s) fixed by him or her in said publication(s) or advertisement(s) for receiving same. Thereafter, the City's Mayor shall report and submit to the Board of Commissioners, at the time of its next regular meeting or as soon as practicable thereafter, said bids and proposals for its approval. The Board of Commissioners reserves the right, for and on behalf of the Government, to reject any and all bids for said franchise and privileges; and, in case the bids reported by the City's Mayor shall be rejected by the Board of Commissioners, it may direct, by resolution or ordinance, said franchise and privileges to be again offered for sale, from time to time, until a satisfactory bid therefore shall be received and approved. Upon the approval of a satisfactory bid, the Board of Commissioners shall award a franchise only after the execution of a written franchise agreement between the City and the Company that incorporates the provisions of this Ordinance. 2. In addition, any bid submitted by a corporation or person not already owning within the territorial limits of the City a plant, equipment, and/or Facilities sufficient to render the service required by this Ordinance must be accompanied by cash or a certified check drawn on a bank of the Commonwealth of Kentucky, or a national bank, equal to five percent (5%) of the fair estimated cost of the system required to render the service, which check or cash shall be forfeited to the Government in case the bid should be accepted and the bidder should fail, for thirty (30) days after the confirmation of the sale, to pay the price and to give a good and sufficient bond in a sum equal to one-fourth (1/4) of the fair estimated cost of the system to be erected, conditioned that it shall be enforceable in case the purchaser should fail, within sixty (60) days, to establish and begin rendering the service in the manner set forth in this Ordinance. Bids shall include such documentation as is necessary to support the bidder's determination of the fair estimated cost of the system required to render the service. Government reserves the right to review any of bidder's supporting documentation which justifies bidder's determination of said estimated cost. Such deposit need not be made by a corporation or person already owning within the territorial limits of the City a plant, equipment, and/or Facilities sufficient to render the service required by this Ordinance. All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. This ordinance shall become effective upon its legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner Royster , seconded by Commissioner Vowels , that the Ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Bugg: AYE Commissioner Vowels: AYE Commissioner Royster: AYE Mayor Austin: AYE Commissioner Staton: AYE ORDINANCE NO. 30-20 196 CITY OF HENDERSON - ORDINANCE BOOK Record of Ordinances of Meetings in 2020 ORDINANCE NO. 30-20 (CONT.) On second reading of the ordinance, it was moved by Commissioner --=B~u.,.gg"----' seconded by Commissioner Staton , that the Ordinance be adopted. On roll call the vote stood: Commissioner Bugg: AYE Commissioner Vowels: AYE Commissioner Royster: AYE Mayor Austin: AYE Commissioner Staton: AYE WHEREUPON, Mayor Austin declared the ordinance adopted, affixed his signature and the date and ordered that it be recorded. ,5t::e_ ~ K § 6 ~ Steve Austin, Mayor ATTEST: Date: November 17, 2020 Maree!Collins, CKMC, City Clerk APPROVED AS TO FORM AND LEGALITY THIS 7TH DAY OF NOVEMBER, 2020 By 1~ ; ( ~ Dawn S. Kelsey ~ City Attorney ORDINANCE NO. 30-20  City Commission Memorandum 21-02 January 6, 2021 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager w;J SUBJECT: Designation of Mayor Pro Tern The accompanying resolution appoints City Commissioner Bradley S. Staton to serve in the position of Mayor Pro Tern. The Mayor Pro Tern acts for the Mayor whenever the Mayor is unable to attend to the duties of his office, possessing all rights, powers and duties of the Mayor at such times. The designation of a Mayor Pro Tern is established and required under KRS 83A. l 50 (3). Traditionally, the City Commissioner receiving the greatest number of votes has been designated to this office. Commissioner Brad Staton received the greatest number of votes at the November 2020 election. The Mayor Pro Tern will serve in this capacity for the two-year term of office. c: City Attorney  RESOLUTION NO. - - - RESOLUTION APPOINTING MAYOR PRO TEM FOR THE CITY OF HENDERSON, KENTUCKY WHEREAS, pursuant to KRS 83A.150, it is provided that the Board of Commissioners shall appoint a City Commissioner to serve as Mayor Pro Tern. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that Commissioner Bradley S. Staton is hereby appointed Mayor Pro Tern for the City of Henderson, Kentucky effective as of January 1, 2021. On motion of Commissioner , seconded by Commissioner , that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: Commissioner Thomas: Mayor Austin: Commissioner Vowels: WHEREUPON, Mayor Austin declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. ATTEST: Steve Austin, Mayor Date: - - - - - - - - - - - Maree Collins, CKMC City Clerk APPROVED AS TO FpRM AND LEGALITY THIS L DAy OF JANUARY, 2021. . By: '-bawn S. Kelsey City Attorney  UPCOMING BOARD APPOINTMENTS BOARD EXPIRATION DATE TERM BOARD OF ZONING ADJUSTMENT Current Term Expires Marcos Nicolas 02/24/2021 4-Year CITY-COUNTY PLANNING COMMISSION Current Term Expires Rodney Thomas 06/01/2021 4-Year BOARD OF OCCUPATIONAL LICENSE APPEALS Current Term Expires Alternate Member (Vacant-former member moved out of town) 3-Year Meeting: 01/12/2021