Board of Commissioners Meetings

City of Henderson, Kentucky NOTICE OF SPECIAL CALLED MEETING FOR TUESDAY, FEBRUARY 15, 2022 BEGINNING AT 3:00 P.M. February 10, 2022 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, February 15, 2022, at 3:00 p.m. in the third- floor assembly room, 222 First Street, Henderson, Kentucky. The meeting will be broadcast live to the public on Zoom (call in number/webinar ID – 1 312 626 6799 / 867 8941 6253 Password: 8311200) or https://us02web.zoom.us/j/86789416253 Password: 8311200; live streamed on the city’s website: https://www.cityofhendersonky.org/CivicMedia; Facebook and Twitter. The purpose of this called meeting is for the following: 1. Roll Call: 2. Ordinances, Municipal Orders & Resolutions: Second Reading: Annexation – Right of Way Old Corydon Road and KY 425 Bypass Municipal Order: Kentucky State Police Drug Task Force Interlocal Agreement 3. Adjournment: Respectfully, __________________________ Steve Austin, Mayor A copy of the foregoing notice received, and service thereof waived this 15th day of February 2022. _________________________________ Commissioner Robert N. Pruitt Sr. _________________________________ Commissioner Bradley S. Staton _________________________________ Commissioner Rodney Thomas _________________________________ Commissioner Austin P. Vowels  City Commission Memorandum 22-25 February 10, 2022 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager SUBJECT: Annexation of Property - Right of Way of Old Corydon Road and KY 425 Bypass An item for the agenda of Tuesday, February 15, 2022, Called Meeting, is final reading of an ordinance annexing a portion of Old Corydon Road Right-of-Way, approximately 5.272 acres; and a portion of KY Hwy 425 Bypass Right-of Way, approximately 16.850 acres, and a portion of KY Hwy 425 Bypass, approximately 0.647 acres. These tracts of land are located at the west end of the City of Henderson as follows: Area 1 consists of 5 .272 acres near the intersection of the Old Corydon Road and KY 425 Bypass; Area 2 consists of 16.850 acres located near the intersection of the Old Corydon Road and KY 425 Bypass; and Area 3 consists of 0.647 acres located in the KY 425 Bypass between U.S. Hwy 60 West and the Old Corydon Road. The Commonwealth of Kentucky Transportation Cabinet, Department of Highways has agreed to the annexation of these portions of roadway. The Henderson-Henderson County Planning Commission, at its meeting of February 1, 2022, conducted the required public hearing. Your approval of the attached ordinance is requested. c: Brian Bishop Doug Boom Tom Williams  Henderson City-County Planning Commission February 1, 2022 The Henderson City-County Planning Commission held a meeting February 1, 2022 at 6:00 p.m., at the Peabody Building, 1990 Barret Ct., Suite F, and via teleconference. Members present: Chairman David Dixon, Vice-Chairman Kevin Richard, David Williams, Bobbie Jarrett, Dickie Johnson, Gary Gibson, Mac Arnold, Stacy Denton, Doug Bell, Gray Hodge, X.R. Royster and Tommy Joe Fridy. Kevin Herron was absent. Staff present: Director Brian Bishop, Jennifer Marks, Theresa Curtis, Heather Lauderdale and Chris Raymer. Chairman Dixon: The minutes have been approved. The next item is the public hearing for Annexation of Right of Ways. The City of Henderson has requested that the Planning Commission hold a public hearing, for the properties which are currently located in Henderson County, at the west end of the City of Henderson near the intersection of the Old Corydon Road and KY Hwy 425 By-Pass, to proceed with annexation of these portions of right-of-ways only. Then, as your agenda will describe the three areas under discussion. I'm told that we are not being asked to take action on these annexations. Our duty tonight is conduct a public hearing. With that being said, who would like to lead this discussion? Brian Bishop: I will read the legal description Mr. Chairman. The City of Henderson has requested that the Planning Commission hold a public hearing, for the properties which are currently located in Henderson County, at the west end of the City of Henderson near the 1 intersection of the Old Corydon Road and KY Hwy 425 By-Pass, to proceed with annexation of these portions of right-of-ways. Proposed Annexation Area 1 - portion of Old Corydon Road Right-of- Way_containing approximately 5.272 acres. Proposed Annexation Area 2 - portion of Kentucky Hwy 425 By-Pass Right-of-Way_containing approximately 16.850 acres. Proposed Annexation Area 3 - portion of Un-incorporated Kentucky Hwy 425 By-Pass Right-of-Way_containing approximately 0.647 acres. And I believe, sorry to interrupt but Mr. Hodge has just jumped in with us Heather and I believe Mr. Denny Branson is on the call who is the surveyor of record on this project. Denny are you there still? Dennis Branson: Yes. Brian Bishop: Denny, is there anything we left out that we need to address? Dennis Branson: No, you've covered it all. Chairman Dixon: Is there any other information you want to address on this? Brian Bishop: Jennifer, do you want to address the road .. ? Jennifer Marks: Yes. A majority of this would have been annexed in our original annexation of this property, I believe that was a few months ago. However, Old Corydon Road was awarded grant money through the County to have it re-paved. If you've driven out there you'll notice it's much better. So, that is why we could not move forward with annexing that portion because it did need to remain a County Road to be eligible for the 2 funding they received. So, part of that is mostly because of that little caveat they needed to follow there. Brian Bishop: And to add to what Jennifer just said, this is the property that we have been calling the Pratt Property lately. So, this is Old Corydon Road, you have 425 here to the west of Denny's drawing and then this is the large area that was annexed and re-zoned a short time ago. So this will be adjacent to City property and now will be City Right-of- Way. Chairman Dixon: Now it is County Right-of Way? Brian Bishop: That is correct. David Williams: Mr. Moderator, can we clear up something on the map here? I see that there is a proposed AG area 3 and two proposed annexed area's 1. Which one is 2? Brian Bishop: Commissioner Williams ... David Williams: Oh, there it is. Brian Bishop: The area here ... David Williams: I'm sorry, it wasn't on my screen. Brian Bishop: Do you need me to zoom out more, Dave? David Williams: That's fine, I saw two but I didn't see the other. Thank you. Brian Bishop: Is that better? David Williams: Yes. Chairman Dixon: I believe 2 is on both sides of the 425 By-Pass. Brian Bishop: That is the case I believe. Chairman Dixon: That's the new location of Pratt Industries. 3 Brian Bishop: Directly west of that. This is the Pratt property here, and then that's the Right-of-Way area being annexed. Chairman Dixon: Ok. Does the Commission have any other questions of staff? Is there anyone on the ZOOM meeting that would like to address this matter in any way? Do we have any Facebook participants? I'm seeing none. Brian Bishop: No sir. Chairman Dixon: Very good. Since we are not asked to take any action, we just declare the public hearing to be concluded? Brian Bishop: I believe that is the case but I would respect Mr. T.J. 's opinion on that. Chairman Dixon: Counselor, how best should we proceed? Tommy Joe Fridy: That's accurate. Just put in the record that the public hearing is concluded. We're not going to go out of public hearing or do we? Is that the only public hearing item? Chairman Dixon: It is, yes. Tommy Joe Fridy: So you can move to go out of public hearing. MOTION WAS MADE BY KEVIN RICHARD, SECONDED BY GARY GIBSON TO CLOSE THE DISCUSSION AND EXIT THE PUBLIC HEARING. Chairman Dixon: We have a motion and a second, any discussion? All in favor of concluding the public hearing portion of the meeting say aye. AYE: ALL 4 Chairman Dixon: Any opposed? NAY: NONE Chairman Dixon: Very good, we are out of public hearing. 5  ORDINANCE NO. 05-22 ORDINANCE REGARDING ANNEXATION SUMMARY: AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF HENDERSON, KENTUCKY, NEAR THE INTERSECTION OF OLD CORYDON ROAD AND KY HWY 425 BY-PASS, BEING A PORTION OF OLD CORYDON ROAD RIGHT- OF-WAY CONSISTING OF APPROXIMATELY 5.272 ACRES, A PORTION OF KY HWY 425 BY-PASS RIGHT-OF-WAY CONSISTING OF APPROXIMATELY 16.850 ACRES, AND A PORTION OF KY HWY 425 BY-PASS RIGHT-OF-WAY CONSISTING OF APPROXIMATELY 0.647 ACRES WHEREAS, pursuant to the provisions of KRS 81 A.412, the City of Henderson, Kentucky, desires to annex within the corporate limits of the City of Henderson that certain unincorporated areas, which are located in Henderson County, near the intersection of Old Corydon Road and KY Hwy 425 By-Pass, and which are hereinafter described; and WHEREAS, the real property to be annexed meets all of the requirements of KRS 81A.410; and WHEREAS, the Commonwealth of Kentucky Transportation Cabinet, Department of Highways has agreed to the annexation of these portions of roadway which is attached hereto marked Exhibit "A," and incorporated herein by reference. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, as follows: 1. That the real property being a portion of Old Corydon Road right-of-way, located as described in Exhibit "A-1", a portion of KY Hwy 425 By-Pass right-of-way, located as described in Exhibit "A-2", and a portion of KY Hwy 425 right-of-way, located as described in Exhibit "A-3", and as shown on the plat attached hereto marked Exhibit "B", and which exhibits are incorporated herein by reference, be and said real property is hereby annexed to and made a part of the City of Henderson, Kentucky. The ordinance shall become effective upon its legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner Thomas , seconded by Commissioner Staton , that the Ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Staton: AYE Commissioner Pruitt: AYE Commissioner Thomas: AYE Mayor Austin: AYE Commissioner Vowels: AYE PUBLICATION DATE: _ _ _ _ __ FIRST READ: 02/08/2022 SECOND READ: 02/ /2022 ORDINANCE NO. 05-22  ORDINANCE NO. 05-22 CONT.) WHEREUPON, Mayor Austin declared the ordinance adopted on first reading and ordered that it be presented for a 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. 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 that it be recorded. Steve Austin, Mayor Date: ----------- ATTEST: By: Dawn S. Kelsey City Attorney 2 ORDINANCE NO. 05-22  ORDINANCE NO. 05-22 (CONT.) Exhibit "A" COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET Andy Beshear transportation.ky.gov Jirn Gray GOVERNOR SECRETARY January 14, 2022 Mr. Douglas Boom, P.E. Henderson City Engineer P.O. Box 716 Henderson, KY 42419 Dear Mr. Boom: We received your letter concerning the City of Henderson's proposed annexation of a section of right of way along Old Corydon Road from the intersection with KY 425 to the city limits, a section of right-of-way along KY 425 just southeast of the intersection with US 60 West, and a section of right of way a section of right-of-way along KY 425 just southeast of the intersection with Old Corydon Road. We agree to the annexation of this roadway, as shown on the attached plat of the proposed annexation. Our current maintenance and traffic agreements will now apply to this section of roadway. Sincerely, Digitally signed by Deneatra Henderson Date: 2022.01.14 10:25:20 -06'00' Deneatra Henderson, P.E. Chief District Engineer Department of Highways, District 2 12 AN EQUAL OPPORTUNITY EMPLOYER M/F/D ORDINANCE NO. 05-22 Exhibit "A"  ORDINANCE NO. 05-22 (CONT.) Exhibit "A-1" PROPOSED ANNEXATION AREA 1 PORTION OF OLD CORYDON ROAD RIGHT-OF-WAY 5.272 acres Henderson County, Kentucky A certain tract or parcel located at the west end of the City of Henderson near the intersection of the Old Corydon Road and Kentucky Highway 425 By-Pass, and being more particularly described as follows: Beginning at a point in the Kentucky Department of Highways, R.V.P. 35-2 Henderson 425 By-Pass controlled access line said point being located 130 feet left of the design centerline station 236+30, being located 47 .65 feet right of Old Corydon Road Relocation centerline station 48+78.90, being located in the eastern line of City Annexation Ordinance 20-92, and being a corner to City Annexation Ordinance 5-87; thence the northwest right-of-way line of said relocated Old Corydon Road, and said City Annexation Ordinance 5-87, the following three (3) calls: (1) NORTH 81 DEGREES 06 MINUTES 57 SECONDS EAST, distance of 318.35 feet to a point in said northwest right-of-way line, and being located 35 feet right of Old Corydon Road Relocation centerline station 45+50; (2) NORTH 57 DEGREES 02 MINUTES 02 SECONDS EAST, a distance of 139.40 feet to a point in said northwest right-of-way line and being located 35 feet right of Old Corydon Road Relocation centerline station 44+00; (3) NORTH 50 DEGREES 01 MINUTES 40 SECONDS EAST, a distance of 250.17 feet to a point in said northwest right-of-way line and being located 35 feet right of Old Corydon Road Relocation centerline station 41+50, and being in the original northwest right-of-way line as shown on the plat of the Royer & Martens Subdivision & Consolidation recorded in Plat Book 8 Page 218; thence continuing with said northwest right-of-way line and said City Annexation Ordinance 5-87, NORTH 51 DEGREES 17 MINUTES 11 SECONDS EAST, a distance of 187.64 feet and NORTH 48 DEGREES 08 MINUTES 40 SECONDS EAST, passing the line between said City Annexation Ordinance 5-87 and City Annexation Ordinance 17-69,at a distance of 18.09 feet, a total distance of 157.52 feet to the intersection of said northwest right-of-way line and the southwest right-of-way line of Graves Drive, a plat of which is recorded as Green Acres Mobile Home Subdivision in Plat Book 1 Page 25; thence continuing with said northwest right-of-way line and said City Annexation Ordinance 17-69, crossing said Graves Drive right-of-way, NORTH 48 DEGREES 08 MINUTES 40 SECONDS EAST, a distance of 50.01 feet to the northeast right-of-way line of said Graves Drive; thence continuing with said northwest right-of-way line and said City Annexation Ordinance 17-69, and with the front lines of Lots 1 and 54 of said Green Acres Mobile Home Subdivision, NORTH 48 DEGREES 08 3 Exhibit "A-1" ORDINANCE NO. 05-22 Exhibit "A-1"  ORDINANCE NO. 05-22 (CONT.) Exhibit "A-1" MINUTES 40 SECONDS EAST, a distance of 200.33 feet to the intersection of said northwest right-of-way line and the southwest right-of-way line of Martin Drive as shown on the plat of the Royer Mobile Home Subdivision recorded in Deed Book 249 Page 174; thence continuing with said northwest right-of-way line and said City Annexation Ordinance 17-69, crossing said Martin Drive, NORTH 48 DEGREES 08 MINUTES 40 SECONDS EAST, a distance of 50.01 feet to the intersection of said northwest right-of- way line and the northeast right-of-way line of said Martins Drive; thence continuing with said northwest right-of-way line and said City Annexation Ordinance 17-69, being the front line of Lot 14 of said Royer Mobile Home Subdivision, and the front line of Lot 15, Section 2 of Green Acres Mobile Home Subdivision as recorded in Deed Book 261 Page 128, NORTH 47 DEGREES 46 MINUTES 03 SECONDS EAST, a distance of 172.21 feet to the intersection of said northwest right-of-way line and the southwest right-of- way approach radius of Carter Drive of said Green Acres Mobile Home Subdivision; thence continuing with said northwest right-of-way line and said City Annexation Ordinance 17-69 and crossing said Carter Drive right- of-way, NORTH 47 DEGREES 43 MINUTES 11 SECONDS EAST, a distance of 90.01 feet to the intersection of said northwest right-of-way line and the northeast approach radius of said Carter Drive, a looped street; thence continuing with said northwest right-of-way line and with said City Annexation Ordinance 17-69, running with the fronts of the lots of said Green Acres Mobile Home Subdivision, the following four (4) calls: (1) NORTH 47 DEGREES 21 MINUTES 01 SECONDS EAST, a distance of 196.49 feet; (2) around a curve to the left, through a central angle of 27 DEGREES 29 MINUTES 02 SECONDS, having a radius of 241.18 feet, an arc distance of 115.69 feet, a chord bearing of NORTH 33 DEGREES 25 MINUTES 21 SECONDS EAST, a distance of 114.58 feet; (3) around a curve to the left, through a central angle of 23 DEGREES 44 MINUTES 02 SECONDS, having a radius of 709.55 feet, an arc distance of 293.92 feet, a chord bearing of NORTH 05 DEGREES 26 MINUTES 32 SECONDS EAST, a distance of 291.82 feet; (4) around a curve to the left, through a central angle of 06 DEGREES 45 MINUTES 44 SECONDS, having a radius of 578.33 feet, an arc distance of 68.26 feet, a chord bearing of NORTH 03 DEGREES 25 MINUTES 00 SECONDS WEST, a distance of 68.22 feet; thence continuing with said northwest (now west) right-of-way line and with said City Annexation Ordinance 17-69, again running with the front line of the lots in said Green Acres Mobile Home Subdivision, crossing the end of said looped Carter Drive right-of-way, NORTH 07 DEGREES 01 MINUTES 43 SECONDS WEST, a distance of 160.72 feet to a point in said west right-of- way line; thence continuing with said west right-of-way line and said City Annexation Ordinance 17-69, running with the front lines of said Green 4 ORDINANCE NO. 05-22 Exhibit "A-1"  ORDINANCE NO. 05-22 (CONT.) Exhibit "A-1" Acres Mobile Home Subdivision, and the front line of Lot A of the Royer Minor Subdivision a plat of which is recorded in Plat Book 5 Page 46B, around a curve to the right, through a central angle of 25 DEGREES 28 MINUTES 34 SECONDS, having a radius of 430.00 feet, an arc distance of 191.20 feet, a chord bearing of NORTH 05 DEGREES 42 MINUTES 34 SECONDS EAST, a distance of 189.62 feet; thence continuing with said west right-of-way line and said City Annexation Ordinance 17-69, running with the front lines of Lots A & B of said Royer Minor Subdivision, and then with the front lines of the Royer & Martens Remainder as shown on the plat of the Royer & Martens Subdivision & Consolidation Subdivision recorded in Plat Book 8 Page 218, and then with the front line of Lot 19 of Paragon Park Subdivision, a plat of which is recorded in Deed Book 206 Page 414, the following two (2) calls: (1) NORTH 18 DEGREES 26 MINUTES 51 SECONDS EAST, distance of 157.43 feet; (2) around a curve to the left, through a central angle of 30 DEGREES 33 MINUTES 42 SECONDS,, having a radius of 310.00 feet, an arc distance of 165.35 feet, a chord bearing of NORTH 03 DEGREES 10 MINUTES 00 SECONDS EAST, a distance of 163.40 feet to a point in said west right-of- way line and being a corner to City Annex Ordinance 25-21; thence crossing said Old Corydon Road, and with said City Annexation Ordinance 25-21, NORTH 77 DEGREES 53 MINUTES 09 SECONDS EAST, a distance of 56.13 feet to the west right-of-way line of said Old Corydon Road, and being a corner to said City Annexation Ordinance 25-21; thence with said west right-of-way line and with said Annexation Ordinance 25-21, the following six (6) calls: (1) around a curve to the right, through a central angle of30 DEGREES 36 MINUTES 38 SECONDS, having a radius of 365.00 feet, an arc distance of 195.00 feet, a chord bearing of SOUTH 03 DEGREES 29 MINUTES 29 SECONDS WEST, a distance of 192.69 feet; (2) SOUTH 18 DEGREES 26 MINUTES 51 SECONDS WEST, a distance of 157.43 feet; (3) around a curve to the left, through a central angle of 25 DEGREES 28 MINUTES 34 SECONDS, having a radius of 375.00 feet, an arc distance of 166.74 feet, a chord bearing of SOUTH 05 DEGREES 42 MINUTES 34 SECONDS WEST, a distance of 165.37 feet; (4) SOUTH 07 DEGREES 01 MINUTES 43 SECONDS EAST, a distance of 160.94 feet; (5) around a curve to the right, through a central angle of 06 DEGREES 45 MINUTES 44 SECONDS, having a radius of 633.33 feet, an arc distance of 74.75 feet, a chord bearing of SOUTH 03 DEGREES 25 MINUTES 00 SECONDS EAST, a distance of 74.70 feet; (6) SOUTH 10 DEGREES 41 MINUTES 15 SECONDS EAST, a distance of 5 ORDINANCE NO. 05-22 Exhibit "A-1"  ORDINANCE NO. 05-22 (CONT.) Exhibit "A-1" 282.92 feet to a bend in said right-of-way line and being, and being a corner to the Doris Dixon property recorded in Deed Book 535 Page 660, a plat of which is also recorded in Plat Book 9 Page 214B; thence leaving said City Annexation line, and with the southeast right-of- way line of said Old Corydon Road, which is also the front lines of said Doris Dixon property, and the Alan & Elizabeth Heredgen property recorded in Deed Book 625 Page 556, SOUTH 47 DEGREES 14 MINUTES 16 SECONDS WEST, a distance of 247.18 feet to a point in said southeast right-of-way line, and being a corner another tract of Alan & Elizabeth Heredgen recorded in Deed Book 625 Page 556; thence continuing with said southeast right-of-way, which is also the front lines of said Hedredgen tract, and the Charlotte Warren Trustee Under the Will of Cassius T. Bentley, Jr. property recorded in Deed Book 635 Page 680, SOUTH 47 DEGREES 25 MINUTES 06 SECONDS WEST, a distance of 217.93 feet to an offset in said southeast right-of-way line, and being a corner to said Charlotte Warren, Trustee property; thence continuing with said southeast right-of-way line, SOUTH 07 DEGREES 27 MINUTES 47 SECONDS EAST, a distance of 5.44 feet to a corner to Lot 1 - Section 3 of Cedar Acres Subdivision, a plat of which is recorded in Plat Book 10 Page 248; thence continuing with said southeast right-of-way, and with the front line of said Lot 1 - Section 3 as recorded in Plat Book 10 Page 248, SOUTH 47 DEGREES 22 MINUTES 35 SECONDS WEST, a distance of 122.32 feet to a corner to said Lot 1,and being a corner to Lot 8 of Cedar Acres Subdivision, a plat of which is recorded in Deed Book 237 Page 112; thence continuing with said southeast right-of-way line, said southeast right-of- way line being the front lines of Lots 8 through 4 of said Cedar Acres Subdivision as recorded in Deed Book 237 Page 112, SOUTH 48 DEGREES 08 MINUTES 40 SECONDS WEST, a distance of 547.00 feet to a point in said southeast right-of-way line, and being the northwest corner of Lot 4 of said Cedar Acres Subdivision; thence continuing with said southeast right- of-way line, said right-of-way line also being the front lines of Lots 3 & 2 of said Cedar Acres Subdivision, SOUTH 49 DEGREES 32 MINUTES 48 SECONDS WEST, a distance of 170.73 feet to a point in said southeast right-of-way line, being a corner to said Lot 2, and being located 35 feet right of Old Corydon Road Relocation centerline station 41+50; thence continuing with said southeast right-of-way line and running with the southeast lines of the acquisitions by the Commonwealth of Kentucky for the Old Corydon Road Relocation recorded in Deed Books 317,337,317, 318, and 319, Pages 525,206, 730, 39, and 165 respectively, SOUTH 45 DEGREES 52 MINUTES 33 SECONDS WEST, a distance of 322.39 feet and SOUTH 59 DEGREES 42 MINUTES 04 SECONDS WEST, a distance of 131.26 feet to a point in said southeast right-of-way line and being in the original southeast right-of-way line as shown on the plat of Cedar Hills Subdivision, a plat of which is recorded in Deed Book 188 Page 231; thence with said original southeast right-of-way line, SOUTH 47 DEGREES 09 6 ORDINANCE NO. 05-22 Exhibit "A-1"  ORDINANCE NO. 05-22 (CONT.) Exhibit "A-1" MINUTES 59 SECONDS WEST, a distance of 290.14 feet to the northeast right-of-way of the Kentucky Department of Highways, R.V.P. 35-2 Henderson 425 By-Pass and being in the northeast line of said City Annexation Ordinance 20-92; thence with said northeast right-of-way line and said City Annexation Ordinance 20-92, NORTH 33 DEGREES 04 MINUTES 41 SECONDS WEST, a distance of 25.72 feet to a point in said right-of-way line and being located 115.73' left of design centerline station 239+10.09; thence continuing with said right-of-way line and with said City Annexation Ordinance 20-92, NORTH 26 DEGREES 04 MINUTES 41 SECONDS WEST, a distance of 244.32 feet to the point of beginning and containing 5.272 acres. The basis of bearings contained herein is the Kentucky State Plane South Zone as determined from prior adjoining surveys and incorporated herein. This description was prepared by Dennis E. Branson, Ky PLS 2532 of Branson Surveys on January 13, 2021 using deeds and plats in the Henderson County Court Clerk's Office as shown on the accompanying annexation plat. This is not a surveyed description and is not to be used for title transfer. 7 ORDINANCE NO. 05-22 Exhibit "A-1"  ORDINANCE NO. 05-22 (CONT.) Exhibit "A-2" PROPOSED ANNEXATION AREA 2 PORTION OF KENTUCKY HWY 425 BY-PASS RIGHT-OF-WAY 16.850 acres Henderson County, Kentucky A certain tract or parcel located at the west end of the City of Henderson near the intersection of the Old Corydon Road and Kentucky Highway 425 By-Pass, and being more particularly described as follows: Beginning at a point in the north right-of-way line of Kentucky Department of Highways, R.V.P. 35-2 Henderson 425 By-Pass controlled access line, said point being located 161.36 feet left of design centerline station 265+53.85, and being a corner to City Annexation Ordinance 25-21; thence crossing said Henderson 425 By-Pass right-of-way, and running with said City Annexation Ordinance 25-21, SOUTH 23 DEGREES 56 MINUTES 31 SECONDS WEST, a distance of 311.36 feet to a point in the south right-of-way line of said Henderson 425 By-Pass, being located 150 feet right of design centerline station 265+54.03, and being a corner to said City Annexation Ordinance 25-21; thence leaving said City Annexation Ordinance 25-21 and running with said south right-of-way line, the following five (5) calls: (1) NORTH 65 DEGREES 59 MINUTES 05 SECONDS WEST, a distance of 403.03 feet to a point in said south right-of-way line being located 150 feet right of design centerline station 261+50; (2) NORTH 68 DEGREES 50 MINUTES 16 SECONDS WEST a distance of 301.01 feet to a point in said south right-of-way line being located 165 feet right of design centerline station 258+50; (3) NORTH 63 DEGREES 26 MINUTES 32 SECONDS WEST, a distance of 473.10 feet to a point in said south right-of-way line being located 175 feet right of design centerline station 254+00; (4) NORTH 48 DEGREES 18 MINUTES 28 SECONDS WEST, a distance of 887.74 feet to a point in said south right-of-way line being located 135 right of design centerline station 245+50; (5) NORTH 38 DEGREES 21 MINUTES 18 SECONDS WEST, a distance of 151.32 feet to a point in said south right-of-way line being located 124.93 feet right of design centerline station 244+05.62 and being in the line of City Annexation Ordinance 20-92; thence crossing said Henderson 425 By-Pass right-of-way, and with said City Annexation Ordinance 20-92, NORTH 34 DEGREES 44 MINUTES 53 SECONDS EAST, a distance of 276.53 feet to a point in the north right-of- way line of said Henderson 425 By-Pass, being located 142.21 feet left of design centerline station 243+33.95, and being a corner to said City Annexation Ordinance 20-92; thence with said north right-of-way line, the 8 ORDINANCE NO. 05-22 Exhibit "A-2" Exhibit "A-2"  ORDINANCE NO. 05-22 (CONT.) Exhibit "A-2" following three (3) calls: (1) SOUTH 53 DEGREES 33 MINUTES 23 SECONDS EAST, a distance of 1474.86 feet to a point in said north right-of-way line being located 150 feet left of design centerline station 258+89.81; (2) SOUTH 67 DEGREES 30 MINUTES 55 SECONDS EAST, a distance of 560.39 feet to a point in said north right-of-way line being located 165 feet left of design centerline station 264+50; (3) SOUTH 63 DEGREES 59 MINUTES 02 SECONDS EAST, a distance of 103.88 feet to the point of beginning containing 16.850 acres. The basis of bearings contained herein is the Kentucky State Plane South Zone as determined from prior adjoining surveys and incorporated herein. This description was prepared by Dennis E. Branson, Ky PLS 2532 of Branson Surveys on January 13, 2021 using deeds and plats in the Henderson County Court Clerk's Office as shown on the accompanying annexation plat. This is not a surveyed description and is not to be used for title transfer. 9 ORDINANCE NO. 05-22 Exhibit "A-2"  ORDINANCE NO. 05-22 (CONT.) Exhibit "A-3" PROPOSED ANNEXATION AREA 3 PORTION OF UNINCORPORATED KENTUCKY HWY 425 BY-PASS RIGHT-OF-WAY 0.647 acres Henderson County, Kentucky A certain tract or parcel located at the west end of the City of Henderson in the Kentucky Highway 425 By-Pass between U.S. Hwy 60 West, and the Old Corydon Road, and being more particularly described as follows: Beginning at a point in the east right-of-way line of Kentucky Department of Highways, R.V.P. 35-2 Henderson 425 By-Pass controlled access line, said point being located 214.36 feet right of design centerline station 220+65.93, and being a corner to City Annexation Ordinance 20-92 and to City Annexation Ordinance 5-87; thence running through the Kentucky Department of Highways, R.V.P. 35-2 Henderson 425 By-Pass right-of-way, SOUTH 36 DEGREES 41 MINUTES 07 SECONDS WEST, a distance of 249.07 feet to a point in said design centerline at station 221+92.80; thence continuing through said SOUTH 36 DEGREES 41 MINUTES 07 SECONDS WEST, a distance of 249.07 feet; thence continuing through said Henderson 425 By-Pass right-of-way, SOUTH 36 DEGREES 41 MINUTES 07 SECONDS WEST, a distance of 168.92 feet to a point in the west right-of-way line of said Henderson 425 By-Pass, and being located 145.38 feet right of design centerline station 222+78.82, and being a common corner to City Annexation Ordinance 20-92 and City Annexation Ordinance 26-04, and being in the line of City Annexation Ordinance 5-575; thence again running through said Henderson 425 By-Pass right-of-way, and with said City Annexation Ordinance 5-575, NORTH 18 DEGREES 59 MINUTES 24 SECONDS EAST, a distance of 443.30 feet to a point inside the right-of-way of said Henderson 425 By-Pass, being located 149.48 feet left of design centerline station 219+47.81, being located in the line of said City Annexation Ordinance 5-575, and being a corner to City Annexation Ordinance 17-69; thence continuing through said right-of-way, SOUTH 51 DEGREES 28 MINUTES 26 SECONDS EAST, a distance of 134.81 feet to the point of beginning containing 0.647 acres. The basis of bearings contained herein is the Kentucky State Plan.e South Zone as determined from prior adjoining surveys and incorporated herein. This description was prepared by Dennis E. Branson, Ky PLS 2532 of Branson Surveys on January 13, 2021 using deeds and plats in the Henderson County Court Clerk's Office as shown on the accompanying annexation plat. This is not a surveyed description and is not to be used for title transfer. 10 Exhibit "A-3" ORDINANCE NO. 05-22 Exhibit "A-3"  occcccccco NIOII NIIClWION Lac C::::, C C C C::::, CUMltHTCIT"I Ullll :ro:t:!.&,.~~ , J.u- 1 - ~l'iUICD. ~ PROPOSED ANNEXATION AREA 3 200 200 100 lfz.•• -,.IIO 11$.Jl V,.IIO !,S.DD . . . . !fl.7~ k.77 U . 10 ..,_,.JJ 14.IJ , .u n u, ~t.11 !!Uf ,._H n1.1u 10f.D a.uz 1a. ro N.ZZ Ra.,J If.ff '4.11 ,n .a.-.oo ,,,_,, 11 111.uo,io.oo la.JS .w.• \,,,., :\ /7 /.::... A~~,1;,X!'.TION ARE ~ / ·- Old PodYCOII I: Low1, "11h Jtoll wgy ,~-a,"'"°'' c."1~, ,,11,... )., .---: • ,.. :::;:::::-\ ·- E3> EXHIBIT DRAWING PROPOSED ANNEXATIONS AREA 1 S.272 AC . AREA 2 1 6.BS0 AC. AREA 3 0.680 AC. HENOERSON COUNTY, KENTUCKY -22 "  City Commission Memorandum 22-23 February 10, 2022 TO: Mayor Steve Austin and the Board of Commissioners FROM: William L. "Buzzy" Newman, Jr., City Manager SUBJECT: Kentucky State Police Drug Task Force Interlocal Agreement The accompanying municipal order authorizes the execution of a Interlocal Cooperation Agreement between the Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police (KSP) and the Henderson Police Department to establish a Kentucky State Police Drug Task Force. The purpose of the Task Force is to combat illegal drug trafficking activities in the Henderson area. This formal Agreement addresses the scope and conditions for membership of sworn officers of KSP and HPD; property and financing; and arrest powers. Task Force members shall remain employees of their respective agencies while engaged in Task Force activities. The Task Force shall not constitute a separate legal or administrative entity. No changes are required on our Law Enforcement insurance policy for this activity. The Agreement shall be effective upon approval by the Attorney General and will expire June 30, 2022. Your approval of the attached municipal order is requested. c: Heath Cox, Chief of Police  POLICE DEPARTMENT MEMORANDUM 22-01 February 7, 2022 TO: Dawn Kelsey City Attorney Cc: Buzzy Newman City Manager FROM: Heath A. Cox Chief of Police SUBJECT: Interlocal Cooperation Agreement - Kentucky State Police Drug Task Force Attached you will find an Interlocal Cooperation Agreement between the Henderson Police Department and the Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police. The intent of such a Task Force is to combat drug trafficking of narcotics and dangerous drugs that is evident in our area. Department officer(s) selected for participation in the Task Force will be determined by the Task Force Administrator and the Chief of Police. As stated in the Interlocal Cooperation Agreement, KSP shall reimburse the department for officer salaries, overtime, and benefits subject to grant requirement and applicable law. In the events that funds are received from the Justice and Public Safety Cabinet's Grant Management Division (GMD) in support of the Task Force officer participation KSP shall ensure that a fully executed copy of this Agreement is in effect for any time for which reimbursement is sought. KSP shall also provide the department with notification of applicable grant award number and information. Please review the document. Should you have any questions or comments, please let me know. HAC/wds  MUNICIPAL ORDER NO. _ __ MUNICIPAL ORDER APPROVING INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COMMONWEAL TH OF KENTUCKY, JUSTICE AND PUBLIC SAFETY CABINET, DEPARTMENT OF KENTUCKY STATE POLICE, AND THE HENDERSON POLICE DEPARTMENT TO ESTABLISH A KENTUCKY STATE POLICE DRUG TASK FORCE; AND AUTHORIZING CHIEF OF POLICE AND THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists in the City of Henderson, Kentucky, and that such illegal activity has substantial and detrimental effect on the health and general welfare and the need has arisen for an increased effort to combat drug trafficking in the area; and WHEREAS, the Kentucky State Police believes a task force in partnership with the Henderson Police Department would be conducive to this purpose and therefore beneficial to the citizens of the Commonwealth of Kentucky; and WHEREAS, the City of Henderson, Kentucky desires to enter into an Interlocal Cooperation Agreement with the Commonwealth of Kentucky, Justice and Public Safety Cabinet and the Department of Kentucky State Police to establish a Kentucky State Police Drug Task Force; and WHEREAS, the City Manager recommends that the Interlocal Cooperation Agreement between the Commonwealth of Kentucky, Justice and Public Safety Cabinet, the Department of Kentucky State Police, and the Henderson Police Department to establish a Kentucky State Police Drug Task Force be approved and authorizing the Chief of Police and the Mayor to execute the Agreement on behalf of the City. NOW, THEREFORE, BE IT ORDERED by the City of Henderson, Kentucky, that the attached Interlocal Cooperation Agreement between the Commonwealth of Kentucky, Justice and Public Safety Cabinet, the Department of Kentucky State Police, and the Henderson Police Department to establish a Kentucky State Police Drug Task Force is approved and the Chief of Police and the Mayor are authorized to execute the Agreement on behalf of the City of Henderson. On motion of Commissioner _ _ __, seconded by Commissioner _ _ __ that the foregoing Municipal Order be adopted, the vote was called. On roll call the vote stood: Commissioner Staton: Commissioner Pruitt: - - - Commissioner Thomas: Mayor Austin: Commissioner Vowels: MUNICIPAL ORDER NO.  MUNICIPAL ORDER NO. CONT.) INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the _ _ _ day of February 2022. Steve Austin, Mayor Date: - - - - - - - - - - ATTEST: By: Dawn S. Kelsey City Attorney 2 MUNICIPAL ORDER NO.  INTERLOCAL COOPERATION AGREEMENT This lnterlocal Cooperation Agreement ("Agreement") is made and entered into pursuant to KRS 65.210- 65.300 ("lnterlocal Cooperation Act") between the Commonwealth of Kentucky, Justice and Public Safety Cabinet, Department of Kentucky State Police ("KSP") and the _Henderson Police Department._ __ ("Department") to establish a Kentucky State Police Drug Task Force. I. Purpose and Duration 1. There is evidence that trafficking in narcotics and dangerous drugs exists in _Henderson._ __, Kentucky, and that such illegal activity has substantial and detrimental effect on the health and general welfare and the need has arisen for an increased effort to combat drug trafficking in the area. KSP believes a task force in partnership with the Department would be conducive to this purpose and therefore beneficial to the citizens of the Commonwealth of Kentucky. 2. This Agreement shall be effective upon approval by the Attorney General pursuant to KRS 65.260 and expire June 30, 2022. In the event that funds are received from the Justice and Public Safety Cabinet's Grants Management Division (GMD) in support of Task Force officer participation, KSP shall ensure that a fully executed copy of this Agreement is in effect for any time for which reimbursement is sought. KSP shall also provide the Department with notification of applicable grant award number and information. 3. Repeal by any party hereto of the authorizing ordinance or statute will result in automatic termination by that party of the Agreement on the effective date of the repeal. II. Section Headings The section headings in this Agreement are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, this Agreement. The section headings shall not be construed to limit or extend the meaning of this Agreement. Ill. Task Force Creation 1. This Agreement does not create an interlocal agency and shall not constitute a separate legal or administrative entity. 2. The parties hereto agree to the creation of the Kentucky State Police Drug Task Force ("Task Force"), a cooperative law enforcement undertaking. 3. The Task Force membership shall consist of KSP officers and Department officers (hereinafter referred to collectively as Task Force officers). Department officers shall be selected for participation in the Task Force through a process determined by the Task Force Administrator in cooperation with the leadership of the Department. 4. KSP reserves the right to remove an assigned Department officer from the Task Force for any reason. IV. Task Force Administrator The KSP Special Enforcement Division Commander shall be the Task Force Administrator and Commander of the Task Force. Page 1 of 7 V. Task Force Operations 1. The Task Force shall combat drug trafficking in the Commonwealth of Kentucky through coordinated law enforcement efforts. 2. Task Force officers, while engaged in Task Force operations, shall work under the direction of the KSP Drug Enforcement/Special Investigations (DESI} Branch. 3. Task Force officers operating under the authority of the Task Force shall follow KSP general orders, policies, and procedures. 4. Task Force officers shall follow KSP general orders, policies, and procedures, and KSP DESI Branch standard operating procedures, relating to criminal investigations and drug investigations, use of informants, investigative expenses/informant outlays, operational planning, use of electronic recording/tracking equipment, evidence, warrants, case preparation, case file documentation, and case reporting. 5. Failure to adhere to KSP general orders, policies, and procedures, or KSP DESI Branch standard operating procedures, shall be grounds for dismissal of a Department officer from the Task Force. VI. Financing, Property, and Personnel 1. Each participating agency will dedicate personnel and associated equipment to the Task Force. 2. Task Force officers shall remain employees of their respective agencies while engaged in Task Force activities. Task Force officers shall continue to report to their respective agencies for matters not pertaining to the Task Force. 3. The role of Task Force officers is to focus intensive drug enforcement efforts on traffickers of marijuana, prescription drugs, methamphetamine, cocaine, and other illicit drugs. 4. In addition to general drug enforcement efforts, the KSP, as the lead agency, will be responsible for the coordination and deployment of Task Force resources to meet the mission of the Task Force. 5. The Task Force shall not acquire, hold, or dispose of, real property. 6. The Task Force shall not have its own employees. The Task Force will consist solely of Department officers, KSP officers, and KSP employees providing any required administrative functions. 7. KSP shall be responsible for KSP officers' equipment, vehicles, fuel, and maintenance needs. 8. KSP shall remain responsible for payment of salaries, overtime, and benefits to KSP officers that are participating in the Task Force. KSP shall also be responsible for payment of any worker's compensation, or similar benefits, due to any KSP officers as a result of injury or death incurred while assigned to the Task Force. 9. KSP will provide office space for the use of the Task Force, which will be accessible to Task Force members. 10. KSP shall have no responsibility for obtaining, or maintaining, worker's compensation, health, liability, or motor vehicle, insurance for the Department, or Department officers. 11. KSP shall have no duty to defend, indemnify, or hold harmless, the Department, or Department officers, against any claims, losses, demands, or obligations, asserted against the Department, or Department Page 2 of 7  officers, as a result of an act or omission occurring while Department officers are assigned to the Task Force. 12. Department officers assigned to the Task Force shall not be deemed employees of the KSP. 13. The Department shall be responsible for Department officers' equipment, vehicles, fuel, and maintenance needs. 14. The Department shall be responsible for payment of any worker's compensation, or similar benefits, due to any Department officers as a result of injury or death incurred while assigned to the Task Force. 15. The Department shall remain responsible for payment of salaries, overtime, and benefits to Department officers that are participating in the Task Force. KSP shall reimburse the Department for Department officer salaries, overtime, and benefits subject to grant requirements and applicable law, including Executive Orders. 16. If KSP or the Department provides equipment for use by the Task Force, that equipment shall be returned to the providing agency upon expiration or termination of this Agreement. VII. Arrest Powers Department officers, for the duration of this agreement and while in the course and scope of performing those law enforcement activities authorized by the Administrator, and narrowly, directly, and specifically related to Task Force operations, shall possess the same powers of arrest in all counties under the jurisdiction of the KSP DESI Branch, pursuant to KRS 65.255 and KRS 431.007. Department officers shall be provided appropriate identification for purposes of, and pursuant to, this agreement. VIII. Additional Terms and Conditions 1. For the purposes of this Agreement, "KSP Officer" means any member of KSP who possesses the powers of a peace officer. 2. For the purposes of this Agreement, "Department officer" means any police officer, deputy sheriff, or other person employed by the Department who possesses the powers of a peace officer. 3. KSP shall have no responsibility for obtaining, or maintaining, any insurance for the Department, or Department officers, including but not limited to, workers' compensation, health, liability, or motor vehicle insurance. 4. Nothing in this Agreement shall be deemed to waive, or otherwise limit, the rights, privileges, immunities, and matters of defense, now available or hereafter made available, to the Commonwealth of Kentucky, and any of its cabinets, departments, bureaus, agencies, officers, agents, or employees. 5. This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Kentucky. The parties agree that any claim, action, or lawsuit arising under this Agreement must be brought in Franklin Circuit Court in the Commonwealth of Kentucky. If any term or provision or any part of this Agreement is declared invalid or unenforceable, the remainder of this Agreement shall not be affected, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by the law. This Agreement is the final and exclusive agreement between the parties. All prior negotiations and agreements are superseded by this Agreement. 6. Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver of a right or power to be effective, it must be in writing and Page 3 of7  signed by the waiving party. An effective waiver of a right or power shall not be construed as either (i) a future or continuing waiver of that same right or power, or (ii) the waiver of any other right or power. 7. No party shall assign its respective rights or obligations under this Agreement without prior written consent of the other party. Any purported assignment or delegation in violation of this Agreement is void. 8. Except as otherwise expressly provided herein, all notices, requests, or other communications provided for in, or pertaining to, this Agreement will be made in writing either: (a) by personal delivery, (b) by facsimile or electronic mail with confirmation of receipt, (c) by mailing in the United States mails or (d) by express courier service. The notice, request, or other communication will be deemed to be received upon personal delivery, upon confirmation of receipt of facsimile or electronic mail transmission or upon receipt by the party it is sent to if by United States mail or express courier service; provided, however, that if a notice, request, or other communication is not received during regular business hours, it will be deemed to be received on the next succeeding business day. 9. All notices and this Agreement may be electronically signed. Electronic signatures must comply with the Uniform Electronic Transactions Act, KRS 369.101, et seq. IX. Department Grant Funding Restrictions The Department agrees to the following grant related restrictions: 1. Payments must be tied to actual expenses. Documentation must be available and provided to KSP and/or the Justice and Public Safety Cabinet's Grants Management Division (GMO) upon request. 2. Project related funds, both federal funds and match, must be accounted for in a way that can be tracked by the funder. 3. Each person assigned to work on Task Force cases and activities will keep contemporaneous time and activity logs. Time and activity logs must be signed by both the person submitting the time and activity log and a supervisor. 4. Compensation will only be provided for drug investigations and other DESI related activities. The Department will not request reimbursement for any non-drug Task Force related activities, even if performed by an officer assigned to the Task Force. 5. A job description, specific to the duties and responsibilities of the Task Force position, shall be provided by KSP for each officer assigned to the Task Force. 6. The Department and the consolidated local government, county fiscal court, or the city legislative body, as appropriate, must provide a completed non-supplanting certification (Attachment A) to KSP and GMO annually upon renewal of this Agreement. This certificate shall provide assurance that any grant funds provided by KSP to the Department are not a replacement for local or state funds, but that the funds expand or enhance what would otherwise exist. 7. If the Department needs to backfill a position that is vacant as a result of assignment to the Task Force, the Department agrees to provide a completed non-supplanting certification (Attachment A) to KSP and GMO. 8. Compensation for the salary and other project related expenses of a Department officer will only be provided for the period of time the Department officer is actually assigned to and performing Task Force related duties. A request for reimbursement for such expenses, when a position is vacant, will not be made. Page 4 of 7 9. If the Department is not involved in the Task Force for the full 12-month period covered by the award, any payment request shall be prorated based on time actually spent on the project. 10. Documentation must be kept of cases investigated. If upon review or monitoring, a case or activity has not been documented, reimbursement for time spent on the undocumented case or activity may not be requested. 11. If Department officers assigned to the Task Force are contract employees, they may not be compensated at a rate over the federal allowable rate of $81.25 per hour or $650 a day. 12. The Department shall comply with the same grant restrictions and monitoring conditions applicable to KSP on the subject grant. 13. If the Department or any Department officer becomes aware of any fraud, waste, or abuse, a prompt report shall be made to the GMD. The Department shall provide notice of this requirement to any Department officer assigned to the Task Force. 14. The programs associated with the Award will be funded contingent upon the availability of funds designated for the programs by the Commonwealth. 15. The Commonwealth may terminate the Award, discontinue payments, or take other appropriate actions, if it finds a substantial failure to comply with Award conditions, applicable Commonwealth policies, and/or relevant state and federal statutes or regulations. 16. The Department shall ensure that each award will be accounted for separately and funds specifically budgeted and/or received for one project may not be used to support another. Commingling of funds is prohibited. 17. The Department shall maintain an adequate accounting system that allows it to maintain documentation to support all receipts and expenditures of federal funds. X. Asset Forfeitures 1. For state asset forfeitures, the parties hereto agree that unless otherwise required by law or an order from a court of competent jurisdiction: 1.1. This Agreement shall apply to investigations conducted by the Task Force prior to the effective date of this Agreement for which a distribution of forfeiture proceeds has not yet been made. 1.2. The parties will equitably share any asset forfeiture moneys received pertaining to Task Force activities. 2. For federal asset forfeitures, the parties hereto agree that subject to the approval of the United States Department of Justice {"USDOJ") and unless otherwise required by law or an order from a court of competent jurisdiction: 2.1. This Agreement shall apply to investigations conducted by the Task Force prior to the effective date of this Agreement for which a distribution of forfeiture proceeds has not yet been made by USDOJ. 2.2. The parties shall equitably share in any eligible federal forfeiture proceeds associated with the Task Force. 2.3. The parties shall be responsible for joining, and maintaining their eligibility for, the USDOJ's equitable sharing program. 2.4. The parties shall be responsible for submitting their own agency's individual equitable sharing requests to the USDOJ. Page 5 of 7  2.5. The Department must be eligible to participate in the USDOJ's equitable sharing program, and be approved by the USDOJ, in order to participate in equitable sharing pursuant to this Agreement. 2.6. Task Force expenditures and purchases shall be made in compliance with federal law and USDOJ requirements. 2. 7. The parties will abide by the decisions of the USDOJ regarding equitable sharing by the individual parties and the Task Force. 2.8. Any equitably shared funds received by the parties shall be used for law enforcement purposes only, and in accordance with federal law. 2.9. Any tangible property transferred to the parties in lieu of proceeds, must be used for law enforcement purposes only, and in accordance with federal law. 2.10. Offsets and returns of equitably shared funds shall be in accordance with federal law. 2.11. Each party shall be responsible for its compliance with federal accounting, reporting, audit, and records retention, requirements. XI. Termination 1. KSP may terminate this Agreement upon thirty (30) days' written notice to the other parties. 2. This agreement may also be terminated by mutual agreement upon thirty (30) days' written notice to the other parties. 3. This Agreement may be amended by a separate writing executed and approved in the same manner as the original Agreement. XII. Execution and Validity This Agreement may be executed electronically in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one, and the same, Agreement. This agreement shall be valid and binding on all parties ONLY when all of the following acts have occurred. 1. Execution by the Commissioner of the Kentucky State Police; 2. Execution by the County Judge/Executives of the Counties that are parties to this Agreement as authorized by their Fiscal Courts pursuant to duly enacted authorizing ordinances; 3. Execution by the Mayors or Chief Executives of the Cities that are parties to this Agreement as authorized by their City Councils pursuant to duly enacted authorizing ordinances; 4. Approval by the Attorney General of the Commonwealth of Kentucky as required by KRS 65.260; 5. Filing of attested copies with the Secretary of State as required by KRS 65.290. Commissioner, Kentucky State Police Date Sheriff/Chief of Police Date Page 6 of7 County Judge Executive or Date City Mayor/Chief Executive Approved as to content and applicability pursuant to KRS 65.260, this _ _ _ day of _ _ _ _ _ __ 202 . Attorney General, Commonwealth of Kentucky Page 7 of7