Board of Commissioners Meetings

City of Henderson, Kentucky NOTICE OF SPECIAL CALLED MEETING FOR TUESDAY, NOVEMBER 2, 2021 11 :00 a.m. November 1, 2021 Commissioner Robert N. Pruitt Commissioner Bradly S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels Dear Board Members: As a result of the state of emergency declared by the President of the United States, the Governor of Kentucky, and the Mayor of the city of Henderson due to the global COVID-19 pandemic, and in accordance with recommended precautions related to COVID-19, 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, November 2, 2021, at 11:00 a.m. in the third-floor assembly room, 222 First Street, Henderson, Kentucky . One or more members of the Board of Commissioners may participate via Zoom and the meeting will be broadcast to the public. The meeting will be broadcast live on Zoom (call in number/webinar ID - 1 312 626 6799 / 885 9801 5520 Password: 8311200) or https://us02web.zoom.us/j/88598015520 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. 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. 1. Roll Call Resolutions: Resolution Authorizing the Execution of Sale and Purchase Contracts for Mineral Rights of Property at Kentucky Highway 425 Bypass Recently Acquired by the City; and Authorizing Mayor to Execute All Subsequent Related Deeds Resolution Authorizing Negotiations and Execution of Sale and Purchase Contracts for All Remaining Mineral Rights of Property at Kentucky Highway 425 Bypass Recently Acquired by the City in an Amount up to Fair Market Value; and Authorizing Mayor to Execute All Subsequent Related Deeds 2. Adjournment Respectfully, Steve Austin, Mayor  A copy of the foregoing notice received, and service thereof waived this 2nd day of November 2021. Commissioner Robert N. Pruitt Sr. Commissioner Bradley S. Staton Commissioner Rodney Thomas Commissioner Austin P. Vowels  City Commission Memorandum 21-266 November 1, 2021 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. “Buzzy” Newman, Jr., City Manager BN/MC SUBJECT: Sale and Purchase Contracts for Mineral Rights – Kentucky Highway 425 Bypass Property The accompanying resolution authorizes the execution of four Sale and Purchase Contracts in the total amount of $50,000.00 for mineral rights of the property off the Kentucky Highway 425 Bypass recently acquired by the City. The resolution further authorizes the Mayor to execute subsequent related Deeds for these mineral rights. These Sale and Purchase Contracts for mineral rights are in addition to the rights conveyed in the original deed and a subsequent mineral rights deed. Your approval of the attached resolution is requested. c: Dawn Kelsey Robert Gunter  RESOLUTION NO.__________ RESOLUTION APPROVING SALES AND PURCHASE CONTRACTS BETWEEN THE CITY OF HENDERSON AND BRUCE A. PRITCHETT, BRIAN PRITCHETT, KARLA CHURCH, AND VICKY WADE, FOR THE PURCHASE OF THEIR MINERAL RIGHTS FOR TWO HUNDRED NINETY-EIGHT, MORE OR LESS (298.548±) ACRES OF REAL ESTATE, MORE OR LESS, FOR THE SUM OF FIFTY THOUSAND DOLLARS ($50,000.00); AND AUTHORIZING MAYOR TO EXECUTE CONTRACTS AND SUBSEQUENT RELATED DEEDS ON BEHALF OF THE CITY WHEREAS, the City of Henderson desires to purchase mineral rights on real estate to be use for industrial development; and WHEREAS, the City (buyer) has negotiated with Bruce A. Pritchett, 9035 Corydon Geneva Road, Henderson, Kentucky, Brian Pritchett, 8683 Corydon Geneva Road, Henderson, Kentucky, Karla Church, 9336 Corydon Geneva Road, Henderson, Kentucky, and Vicky Wade, 629 Linkside Lane, Bowling Green Kentucky for the purchase and sale of all of their interest in the mineral rights containing 298 acres, more or less, located at PVA 46-19.2; PVA 46-19, PVA 46-19.1 for such purpose, for the purchase price of $50,000.00; and WHEREAS, the City Manager recommends that the City purchase these mineral rights to support the industrial use of this property; NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that the Sales and Purchase Contracts, attached collectively as Exhibit “A”, for Bruce A. Pritchett’s, Brian Pritchett’s, Karla Pritchett’s, and Vicky Wade’s mineral rights in the property located at PVA 46-19.2; PVA 46-19, PVA 46-19.1, are hereby approved, and the Mayor is authorized to execute the contracts on behalf of the City; and BE IT FURTHER RESOLVED that the Mayor is authorized to execute all subsequent related deeds. On motion of Commissioner ______________________, seconded by Commissioner ________________, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Pruitt: Commissioner Vowels: Commissioner Staton: Mayor Austin: Commissioner Thomas: WHEREUPON, Mayor Austin declared the Resolution be 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 FORM AND LEGALITY THIS ____ DAY OF NOVEMBER 2021. By: _________________________ Dawn S. Kelsey City Attorney 2  SALES AND PURCHASE CONTRACT DATED: 0(.,,oe.'i..n.. ~ 2021 THIS CONTRACT made and entered into between BRUCE A. PRITCHETI, of 9035 Corydon Geneva Rd, Henderson, Kentucky, SELLER, and CITY OF HENDERSON, A KENTUCKY MUNICIPALITY, of 222 First Street, Henderson, Kentucky, BUYER. 1. Seller agrees to sell and Buyer agrees to buy all of the Seller's interest in the oil, gas, and other minerals, owned by them on or beneath the real at PVA #'s 46-19, 46-19.1. and 46-19.2 (which lies west of the railroad tract as shown on the exhibit A attached, and which includes 298.548 acres, according to a recent survey. 2. INCLUDED IN THE SALE: All interest of any kind and nature, including, but not · limited to, the oil, gas and other minerals underlying the property as described below, and as shown in Exhibi.t A attached hereto. 3. PRICE AND TERMS: The purchase price is to be $ {.,(:,C\ •'\ \ per acre, and is payable as follows: $ 500.00 Deposit received by Seller $ \1, ~ - OZ) Cash at closing $ TOTAL PURCHASE PRICE 4. PAYMENT OF PURCHASE PRICE: Seller's Expenses: Buyers' Expenses: (i) Cost of preparation of deed (i) Recording of deed and mortgage (ii) Transfer tax (ii) Cost of survey, if required (iii) Title Opinion (iv) All other costs 5. DEFAULT BY BUYERS: If Buyer fails to perform the agreements of this Contract within the time set forth herein, Seller shall be entitled to all remedies available in law or in equity for Buyer's breach hereof. Exhibit "A"  6. DEFAULT BY SELLER: If Seller fails to perform any of the agreements of this Contract the Buyers may bring suit against Seller for damages resulting from the breach of Contract or for specific performance. Buyers remedies are cumulative and not exclusive of one another, and all other remedies shall be available in either law or equity to Buyers for Seller's breach hereof. 7. RISK OF LOSS: Any future loss and/or damage to the property between the date of this offer and the date of closing shall be at SELLER'S sole risk and expense. 8. CLOSING: This transaction shall close on or before November~ 2021. If necessary, the closing may be extended by Buyer, as this transaction is part of a much larger land purchase. Buyer may extend the closing date up to 30 additional days by notifying Seller in writing (letter/email/text message) prior to the above listed closing date. 9. PROPERTY TAXES: Any delinquent and current year 2021 City, State and County taxes shall be paid by the Buyers. 10. POSSESSION: Possession shall be given at closing. 11. TITLE: At closing, Seller shall convey to Buyers by deed of general warranty unencumbered, marketable title to the property with the usual covenants such as any national title company will insure, free and clear of all liens and encumbrances except easements and restrictions of record as to the use and improvements of the property. Should title to the property appear defective Seller shall have 30 days after receipt of notice from Buyers of such defect or defects within which to remedy same at the cost to the Seller. If such defect cannot be remedied, Seller shall pay all title examination costs and the earnest money shall be returned to Buyer. Title is to be taken in the name and the address shown above. 12. ACKNOWLEDGMENT. The parties to this Contract have read its entire contents and acknowledge receipt of a copy. 13. ASSIGNMENT. This Contract may not be assigned by either party without the prior written consent of the other. WITNESS the hands of the parties this)~ day of Oclobu- 2021. BUYER: CITY OF HENDERSON Steve Austin, Mayor Attested: Maree Collins, City Clerk EXHIBIT A  SALES AND PURCHASE CONTRACT DATED: t})4Pter 2?, 2021 THIS CONTRACT made and entered into between BRIAN PRITCHETT, of 8683 Corydon Geneva Rd, Henderson, Kentucky, SELLER, and CITY OF HENDERSON, A KENTUCKY MUNICIPALITY, of 222 First Street, Henderson, Kentucky, BUYER. 1. Seller agrees to sell and Buyer agrees to buy all of the Seller's interest in the oil, gas, and other minerals, owned by them on or beneath the real property at PVA #'s 46-19, 46- 19.1, and 46-19.2 (which lies west of the railroad track as shown on the Exhibit A attached, and which includes 298.548 acres, according to a recent survey. 2. INCLUDED IN THE SALE: All interest of any kind and nature, including but not limited to, the oil, gas, and other minerals underlying the property as described below, and as shown in Exhibit A attached hereto. 3. PRICE AND TERMS: The purchase price is to be $669.91 per acre, and is payable as follows: $ 500.00 Deposit received by Seller $ 12,000.00 Cash at closing $ 12,500.00 TOTAL PURCHASE PRICE 4. PAYMENT OF PURCHASE PRICE: Seller's Expenses: Buyer's Expenses: (i) Cost of preparation of deed (i) Recording of deed and mortgage (ii) Transfer tax · (ii) Cost of survey, if required (iii) Title Opinion (iv) All other costs 5. DEFAULT BY BUYERS: If Buyer fails to perform the agreements of this Contract within the time set forth herein, Seller shall be entitled to all remedies available in law or in equity for Buyer's breach. 6. DEFAULT BY SELLER: If Seller fails to perform any of the agreements of this Contract the Buyers may bring suit against Seller for damages resulting from the breach of Contract or for specific performance. Buyer's remedies are cumulative and not exclusive of one another, and all other remedies shall be available in either law or equity to Buyers for Seller's breach hereof. 7. RISK OF LOSS: Any future loss and/or damage to the property between the date of this offer and the date of closing shall be at SELLER'S sole risk and expense. 8. CLOSING: This transaction shall close on or before ·November 5, 2021. If necessary, the closing may be extended by Buyer, as this transaction is part of a much larger land purchase. Buyer may extend the closing date up to thirty (30} additional days by notifying Seller in writing (letter/email/text message) prior to the above listed closing date. 9. PROPERTY TAXES: Any delinquent and current year 2021 City, State and County taxes shall be paid by the Buyers. 10. POSSESSION: Possession shall be given at closing. 11. TITLE: At closing, Seller shall convey to Buyers by deed of general warranty unencumbered, marketable title to the property with the usual covenants such as any national title company will insure, free and clear of all liens and encumbrances except easements and restrictions of record as to the use and improvements of the property. Should title to the property appear defective Seller shall have thirty (30)days after receipt of notice from Buyers of such defect or defects within which to remedy same at the cost to the Seller. If such defect cannot be remedied, Seller shall pay all title examination costs and the earnest money shall be returned to Buyer. Title is to be taken in the name and the address shown above. 12. ACKNOWLEDGEMENT. The parties to this Contract have read its entire contents and acknowledge receipt of a copy. 13. ASSIGNMENT. This Contract may not be assigned by either party without the prior written consent of the other. WITNESS the hands of the parties this Zf ~ay of Q_ /b/;,cj!_ 2021. SELLER: BUYER: CITY OF HENDERSON Steve Austin, Mayor Attested: Maree Collins, City Clerk EXHIBIT A  SALES AN~~CHASE CONTRACT DATED: ~ 6beA,2 ~ , 2021 THIS CONTRACT made and entered into between KARLA CHURCH, of 93.36 Corydon Geneva Rd, Henderson, Kentucky, SELLER, and CITY OF HENDERSON, A KENTUCKY MUNICIPALITY, of 222 First Street, Henderson, Kentucky, BUYER. 1. Seller agrees to sell and Buyer agrees to buy all of the Seller's inter~st in the oil, gas, and other minerals, owned by them on or beneath the real property at PVA #'s 46-19, 46- 19.1, and 46-19.2 (which lies west of the railroad track as shown on the Exhibit A attached, and which includes 298.548 acres, according to a recent survey. 2. INCLUDED IN THE SALE: All interest of any kind and nature, including but not limited to, the oil, gas, and other minerals underlying the property as described below, and as shown in Exhibit A attached hereto. 3. PRICE AND TERMS: The purchase price is to be $669.91 per acre, and is payable as follows: $ 500.00 Deposit received by Seller $ 12,000.00 Cash at closing $ 12,500.00 TOTAL PURCHASE PRICE 4. PAYMENT OF PURCHASE PRICE: Seller's Expenses: Buyer's Expenses: (i) Cost of preparation of deed (i) Recording of deed and mortgage (ii) Transfer tax (ii) Cost of survey, if required (iii) Title Opinion (iv) All other costs 5. DEFAULT BY BUYERS: If Buyer fails to perform the agreements of this Contract within the time set forth herein, Seller shall be entitled to all remedies available in law or in equity for Buyer's breach. 6. DEFAULT BY SELLER: If Seller fails to perform any of the agreements of this Contract the Buyers may bring suit against Seller for damages resulting from the breach of Contract or for specific performance. Buyer's remedies are cumulative and not exclusive of one another, and all other remedies shall be available in either law or equity to Buyers for Seller's breach hereof. 7. RISK OF LOSS: Any future loss and/or damage to the property between the date of this offer and the date of closing shall be at SELLER'S sole risk and expense. 8. CLOSING: This transaction shall close on or before November 5, 2021. If necessary, the closing may be extended by Buyer, as this transaction is part of a much larger land purchase. Buyer may extend the closing date up to thirty (30) additional days by notifying Seller in writing {letter/email/text message) prior to the above listed closing date. 9. PROPERTY TAXES: Any delinquent and current year 2021 City, State and County taxes shall be paid by the Buyers. 10. POSSESSION: Possession shall be given at closing. 11. TITLE: At closing, Seller shall convey to Buyers by deed of general warranty unencumbered, marketable title to the property with the usual covenants such as any national title company will insure, free and clear of all liens and encumbrances except easements and restrictions of record as to the use and improvements of the property. Should title to the property appear defective Seller shall have thirty {30) days after receipt of notice from Buyers of such defect or defects within which to remedy same at the cost to the Seller. If such defect cannot be remedied, Seller shall pay all title examination costs and the earnest money shall be returned to Buyer. Title is to be taken in the name and the address shown above. 12. ACKNOWLEDGEMENT. The parties to this Contract have read its entire contents and acknowledge receipt of a copy. 13. ASSIGNMENT. This Contract may not be assigned by either party without the prior written consent of the other. WITNESS the hands of the parties this _2:j day of t)~ef'. , 2021. BUYER: CITY OF HENDERSON Steve Austin, Mayor Attested: Maree Collins, City Clerk EXHIBIT A  SALES AND PURCHASE CONTRACT DATED: _ _ _ _ _ ____, 2021 THIS CONTRACT made and entered into between VICKY WADE, of 629 Linkside Ln, Bowling Green, KY, SELLER, and CITY OF HENDERSON, A KENTUCKY MUNICIPALITY, of 222 First Street, Henderson, Kentucky, BUYER. 1. Seller agrees to sell and Buyer agrees to buy all of the Seller's interest in the oil, gas, and other minerals, owned by them on or beneath the real property at PVA #1 s 46-19, 46- 19.1, and 46-19.2 (which lies west of the railroad track as shown on the Exhibit A attached, and which includes 298.548 acres, according to a recent survey. 2. INCLUDED IN THE SALE: All interest of any kind and nature, including but not limited to, the oil, gas, and other minerals underlying the property as described below, and as shown in Exhibit A attached hereto. 3. PRICE AND TERMS: The purchase price is to be $669.91 per acre, and is payable as follows: $ 500.00 Deposit received by Seller $ 12,000.00 Cash at closing $ 12,500.00 TOTAL PURCHASE PRICE 4. PAYMENT OF PURCHASE PRICE: Seller's Expenses: Buyer's Expenses: (i) Cost of preparation of deed (i) Recording of deed and mortgage (ii) Transfer tax (ii) Cost of survey, if required (iii) Title Opinion (iv) All other costs 5. DEFAULT BY BUYERS: If Buyer fails to perform the agreements of this Contract within the time set forth herein, Seller shall be entitled to all remedies available in law or 1 in equity for Buyer s breach. 6. DEFAULT BY SELLER: If Seller fails to perform any of the agreements of this Contract the Buyers may bring suit against Seller for damages resulting from the breach 1 of Contract or for specific performance. Buyer s remedies are cumulative and not exclusive of one another, and all other remedies shall be available in either law or equity 1 to Buyers for Seller s breach hereof. 7. RISK OF LOSS: Any future loss and/or damage to the property between the date of this offer and the date of closing shall be at SELLER'S sole risk and expense. 8. CLOSING: This transaction shall close on or before November 5, 2021. If necessary, the closing may be extended by Buyer, as this transaction is part of a much larger land purchase. Buyer may extend the closing date up to thirty (30) additional days by notifying Seller in writing (letter/email/text message) prior to the above listed closing date. 9. PROPERTY TAXES: Any delinquent and current year 2021 City, State and County taxes shall be paid by the Buyers. 10. POSSESSION: Possession shall be given at closing. 11. TITLE: At closing, Seller shall convey to Buyers by deed of general warranty unencumbered, marketable title to the property with the usual covenants such as any national title company will insure, free and clear of all liens and encumbrances except easements and restrictions of record as to the use and improvements of the property. Should title to the property appear defective Seller shall have thirty (30) days after receipt of notice from Buyers of such defect or defects within which to remedy same at the cost to the Seller. If such defect cannot be remedied, Seller shall pay all title examination costs and the earnest money shall be returned to Buyer. Title is to be taken in the name and the address shown above. 12. ACKNOWLEDGEMENT. The parties to this Contract have read its entire contents and acknowledge receipt of a copy. 13. ASSIGNMENT. This Contract may not be assigned by either party without the prior written consent of the other. WITNESS the hands of the parties this _ _ day of _ _ _ _ _ _ _~ 2021. SELLER: Vicky Wade BUYER: CITY OF HENDERSON Steve Austin, Mayor Attested: Maree Collins, City Clerk EXHIBIT A  City Commission Memorandum 21-267 November 1, 2021 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. “Buzzy” Newman, Jr., City Manager BN/MC SUBJECT: Resolution Approving Negotiations Not to Exceed Fair Market Value, and the Mayor to Execute, Additional Sale and Purchase Contract for Remaining Mineral Rights – Highway 425 Bypass Property The accompanying resolution authorizes negotiations and execution of Sale and Purchase Contracts not to exceed fair market value for the remaining mineral rights of property off the Kentucky Highway 425 Bypass; and authorizes the Mayor to execute Sale and Purchase Contracts and all subsequent related Deeds. This Sale and Purchase Contract for mineral rights is in addition to previously acquired rights and is to finalize acquisition of the mineral rights for the property. Your approval of the attached resolution is requested. c: Dawn Kelsey Robert Gunter  RESOLUTION NO.__________ RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF SALES AND PURCHASE CONTRACTS FOR THE PURCHASE OF REMAINING SHARES OF MINERAL RIGHTS FOR TWO HUNDRED NINETY-EIGHT, MORE OR LESS (298.548±) ACRES OF REAL ESTATE, MORE OR LESS, AT A SUM NOT TO EXCEED THE MARKET VALUE; AND AUTHORIZING MAYOR TO EXECUTE CONTRACTS AND SUBSEQUENT RELATED DEEDS ON BEHALF OF THE CITY WHEREAS, the City of Henderson desires to purchase mineral rights on real estate to be use for industrial development; and WHEREAS, the City (buyer) continues to negotiate the terms for the purchase and sale of remaining shares of the mineral rights containing 298 acres, more or less, located at PVA 46-19.2; PVA 46-19, PVA 46-19.1 for such purpose; and WHEREAS, the City Manager recommends that the City negotiate for the purchase of these mineral rights, including legal action if necessary, to support the industrial use of this property; NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, that negotiations are authorized for the terms of Sales and Purchase Contracts, at a sum not to exceed the market value, and take legal action if necessary, for remaining shares of mineral rights in the property located at PVA 46-19.2; PVA 46-19, PVA 46-19.1, and the Mayor is authorized to execute the contracts on behalf of the City; and BE IT FURTHER RESOLVED that the Mayor is authorized to execute all subsequent related deeds. On motion of Commissioner ______________________, seconded by Commissioner ________________, that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Pruitt: Commissioner Vowels: Commissioner Staton: Mayor Austin: Commissioner Thomas: WHEREUPON, Mayor Austin declared the Resolution be 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 FORM AND LEGALITY THIS ____ DAY OF NOVEMBER 2021. By: _________________________ Dawn S. Kelsey City Attorney 2