Board of Commissioners Meetings

City of Henderson, Kentucky NOTICE OF SPECIAL CALLED MEETING FOR MONDAY, APRIL 28, 2025 BEGINNING AT 12:00 P.M. April 24, 2025 Commissioner Rodney Thomas Commissioner Robert N. Pruitt Commissioner Nicholas Whitt Commissioner Kelsey Hargis Dear Board Members: Please take notice that as Mayor of the City of Henderson, Kentucky, I hereby call a special called meeting of the Board of Commissioners to be held on Monday, April 28, 2025, at 12:00 p.m. with the primary location for this meeting designated as the third-floor assembly room, 222 First Street, Henderson, Kentucky. One or more members of the Board of Commissioners may participate via video teleconference and the meeting will be broadcast to the public. The meeting will be live streamed on the city's website: https://www.hendersonky.gov/CivicMedia; Facebook and Twitter. This meeting will be conducted as a video teleconference meeting as allowed under KRS 61.826. Any interruption in the video or audio broadcast at any location shall result in the suspension of the meeting until the broadcast is restored. The purpose of this meeting is for the following: AGENDA 1. Roll Call 2. Ordinances & Resolutions: Second Readings: Ordinance Amending Chapter 16 Offenses Relating to Fireworks Ordinance Amending FY2024-2025 Budget & Appropriations Ordinance - Public Works Department Resolutions: Resolution Authorizing Submittal of Grant Application - KYTC/FT A Section 5311 Grant Please mute or turn off all cell phones for the duration of this meeting. 3.Executive Session: Pursuant to KRS 61.810(1)(c) for the purpose of discussion of proposed or pending litigation against or on behalf of the public agency arising out of the opioid litigation with possible action. 4. Adjournment Respectfully, Bradley S. Staton, Mayor A copy of the foregoing notice received and service thereof waived this 28 th day of April, 2025. Commissioner Rodney Thomas Commissioner Robert N. Pruitt Commissioner Nicholas Whitt Commissioner Kelsey Hargis Please mute or turn off all cell phones for the duration of this meeting.  City Commission Memorandum 25-118 April 24, 2025 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: Dylan H. Ward, City Manager D\\\;..) SUBJECT: Ordinance Amendment - Chapter 16-0.ffenses An item for the agenda of Monday, April 28, 2025, called meeting is final reading of an ordinance amending Chapter 16-0ffenses, Article V-Regulation of Fireworks, Sec. 16-81 Definitions, Sec. 16-82 Restrictions on Use or Sale, Sec. 16-83 Restriction on Use Within City Limits, Sec. 16-87 Pyrotechnic Device Permit, and Sec. 16-88-Criminal Penalties, of the Code of Ordinances of the City of Henderson. The use of pyrotechnic devices at public and private events poses potential fire and life safety risks that require proper oversight and coordination with local fire authorities. Therefore, the City seeks to ensure that all pyrotechnic activity within its jurisdiction complies with applicable fire safety and building codes, including standards established by the National Fire Protection Association (NFPA 1126), Standard for the Use of Pyrotechnics Before a Proximate Audience. Please see attached Fire Department Memorandum #25-09 for further detailed information regarding required safety regulations and inspection. The attached Ordinance sets forth the proposed amendment for pyrotechnic devices in the city limits. Your approval of the attached ordinance is requested. c: Dawn Kelsey Josh Dixon  ORDINANCE NO. 14-25 ORDINANCE AMENDING - CHAPTER 16 OFFENSES, ARTICLE V REGULATION OF FIREWORKS SUMMARY: ORDINANCE AMENDING CHAPTER 16 OFFENSES, ARTICLE V REGULATION OF FIREWORKS, SEC. 16-81 DEFINITIONS, SEC. 16- 82 RESTRICTIONS ON USE OR SALE, SEC. 16-83 RESTRICTION ON USE WITHIN CITY LIMITS, SECTION 16-87 PYROTECHNIC DEVICE PERMIT AND SECTION 16-88 CRIMINAL PENALTIES OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON WHEREAS, the use of pyrotechnic devices at public and private events poses potential fire and life safety risks that require proper oversight and coordination with local fire authorities; and WHEREAS, the City seeks to ensure that all pyrotechnic activity within its jurisdiction complies with applicable fire safety and building codes, including standards established by the National Fire Protection Association (NFP A); and WHEREAS, requiring a no-cost permit from the Fire Chief or their designee prior to the use of any pyrotechnic device will promote public safety and enable appropriate review and enforcement of safety standards. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky, that of the Amending Chapter 16 Offenses, Article V Regulation of Fireworks, Sec. 16-81 Definitions, Sec. 16-82 Restrictions On Use Or Sale, Sec. 16-83- Restriction On Use Within City Limits, Section 16-87 Pyrotechnic Device Permit and Section 16-88 Criminal Penalties Code of Ordinances of the City of Henderson is hereby amended, copies of which are attached as Exhibit "A," and can be found in the office of the city clerk. The ordinance shall become effective upon legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner THOMAS, seconded by Commissioner PRUITT, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Thomas: AYE Commissioner Hargis: AYE Commissioner Pruitt: AYE Mayor Staton: AYE Commissioner Whitt: AYE PUBLICATION DATE: FIRST READ: 4/22/2025 SECOND READ: ORDINANCE NO. 14-25  ORDINANCE NO. 14-25 CONT.) WHEREUPON, Mayor Staton declared the ordinance adopted on first reading and ordered that it be presented for second reading at a regular meeting of the Board of Commissioners. On second reading of the foregoing 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 Thomas: _ _ _ Commissioner Hargis: _ __ Commissioner Pruitt: _ _ _ Mayor Staton: Commissioner Whitt: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date and ordered it be recorded. Bradley S. Staton, Mayor Date: _ _ _ _ _ _ _ _ _ __ ATTEST: Jessa Brandon City Clerk APPROVED AS TO FORM AND LEGALITY THIS 16TH DAY OF APRIL 2025. By:------------ Dawn Kelsey, City Attorney 2 ORDINANCE NO. 14-25  ORlJlNANCE NO. 14-2'.:> (CONT.) Exhibit "A" - CODE OF ORDINANCES Chapter 16 - OFFENSES ARTICLE V. REGULATION OF FIREWORKS ARTICLE V. REGULATION OF FIREWORKS Sec. 16-81. Definitions. The following words, terms and/or phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aerial or audible consumer fireworks shall mean those consumer fireworks described in KRS 227.702(2) and (3) only. Ancillary fireworks retailer shall mean any person, business entity, association, or corporation of any kind which is open to the public year round and at least twenty (20) calendar days per month, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell only those fireworks as described in KRS 227.702(1) and which such sales are ancillary to its primary course of business. Consumer fireworks shall have the same meaning as in KRS 227.702. Fireworks shall have the same meaning as in KRS 227.700 except it shall not include those described in KRS 227.702(1). Permanent fireworks retailer shall mean any person, business entity, association, or corporation of any kind which is open to the public year round and at least twenty (20) calendar days per month, and, which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks as its primary course of business. Pyrotechnic device shall mean any apparatus or instrument containing pyrotechnic materials or effect simulation equipment that is designed to produce a special effect through combustion, deflagration, detonation, or other controlled chemical reactions as defined in National Fire Protection Association (NFPA) 1126 Section 3.3.40. Pyrotechnic device effect simulation equipment shall mean any equipment that produces visual or auditory special effects by initiating or sustaining combustion through the interaction of a chemical mixture. a heat source, and oxygen as defined by the National Fire Protection Act (NFPA) 1126 Section 3.3.41. Seasonal fireworks retailer shall mean any person, business entity, association, or corporation of any kind which is not considered a permanent fireworks retailer, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks described in KRS 227. 702(2) and/or (3). Sec. 16-82. Restrictions on use or sale. The use or sale of fireworks, including consumer fireworks and pyrotechnic device, is prohibited except as set forth herein. The use or sale of any fireworks other than consumer fireworks, including display fireworks as defined in KRS 227. 706, are subject to the applicable restrictions of state, federal, and local law. 3 ORDINANCE NO. 14-25 Exhibit "A"  ORDINANCE NO. 14-25 (CONT.) Exhibit "A" Sec. 16-83. Restrictions on use within city limits. A. Fireworks and consumer fireworks shall not be used, ignited, fired, or exploded in the city limits of the City of Henderson, Kentucky, except as follows: (1) Fireworks and consumer fireworks must be handled, stored, used, possessed, and sold in accordance with all applicable federal, state, and local law. (2) Fireworks and consumer fireworks may only be used, ignited, fired, or exploded between the hours of 10:00 a.m. and 10:00 p.m., except, that they may be used, ignited, fired, or exploded between the hours of 10:00 a.m. on December 31 to midnight on January 1, and also between the hours of 10:00 a.m. and midnight on the following dates or holidays: July 3, July 4, and Memorial Day. (3) Notwithstanding any provision herein to the contrary, and regardless of the day of the week on which July 4 falls, persons may use, ignite, fire, or explode fireworks or consumer fireworks on any date specifically named or designated by the Board of Commissioners of the City of Henderson, Kentucky, as the date to celebrate Independence Day for the city, if other than the actual date of July 4 between the hours of 10:00 a.m. and midnight. (4) No person may use, ignite, fire, or explode any fireworks or consumer fireworks as defined in KRS 227.702(2) and (3) if they are under the age of eighteen (18) or within four hundred (400) feet of an animal shelter as defined by KRS 258.095 or a nursing home or hospital that has been granted a certificate of need from the Kentucky Cabinet for Health and Family Services or within two hundred (200) feet of any other structure, motor vehicle (whether operational or nonoperational), or any other person. B. Pyrotechnic Device shall not be used, ignited, fired or exploded in the city limits of the City of Henderson unless handled, stored, used possessed and sold in accordance with all applicable federal, state and local law and unless a permit to use the device at the location and at the event has been issued by the Chief of Fire Department or his/her designee pursuant to this Article. Sec. 16-87 Pyrotechnic Device Permit A. Permit Required for Use of Pyrotechnic Devices (ll No person or entity shall use, discharge, or cause the use of any pyrotechnic device at any event or location within the city without first obtaining a permit from the Fire Chief or the Fire Chief's designee. (2) The purpose of the permit is to ensure compliance with all applicable fire safety codes. building codes. and standards, including but not limited to NFPA 1126. (3) The permit shall be issued at no cost to the applicant. (3) The Fire Chief or designee shall have the authority to establish reasonable procedures for the application and review process. including the submission of documentation demonstrating compliance with safety standards. (4) Failure to obtain a permit as required by this section shall constitute a violation of this ordinance and may result in enforcement action. including the prohibition of the pyrotechnic display and any penalties pursuant to this Article and under state law. 4 ORDINANCE NO. 14-25 Exhibit "A"  ORDINANCE NO. 14-25 (CONT.) Exhibit "A" Sec. 16-8[7]~. Criminal penalties. Any person or entity convicted of violating sections 16-83 or 16-84 shall be deemed guilty of a Class A misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and/or imprisonment not to exceed twelve (12) months. Each day a violation occurs shall constitute a separate offense. Created: 2024-11-07 08:20:18 [EST] (Supp. No. 42) 5 ORDINA~cE°N3o. 14-25 Exhibit "A"  City Commission Memorandum 25-119 April 24, 2025 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: Dylan H. Ward, City Manager SUBJECT: Amending Job Classification and Pay Plan and Budgeted Positions - Public Works Department An item for consideration on the Monday, April 28, 2025, called meeting agenda is final reading of an ordinance amendment relating to the addition of one temporary Municipal Facilities Superintendent and one temporary Municipal Facilities Worker (I, II, or III) in Public Works Department. The current Municipal Facilities Superintendent has announced his intent to retire by the end of the 2025 calendar year and the requested over hire will allow for the recruitment process and training for the replacement in Public Works Department. This succession planning will also put into motion the possibility for current staff to promote into an open position causing the need to over hire a Municipal Facilities Worker (I, II, or III), therefore, the proposed amendment also requests the addition of one Municipal Facilities Worker, I, II, or III (Temporary) in the Public Works Department to help minimize the disruption of any promotions that may occur with the current Municipal Facilities Superintendent's retirement. The proposed amendment to the budgeted positions and job classifications of the 2024- 2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Public Works Department will reflect the addition of one Municipal Facilities Superintendent (Temporary) position and the addition of one Municipal Facilities Worker I, II, or III (Temporary) position for the Public Works Department. Your approval of the attached ordinance is requested. c: Megan McElfresh Brian Williams Dawn Kelsey  ORDINANCE NO. 15-25 ORDINANCE AMENDING PORTION OF CITY OF HENDERSON FY 2024-2025 BUDGET & APPROPRIATION ORDINANCE SUMMARY: ORDINANCE AMENDING BUDGETED POSITIONS AND JOB CLASSIFICATIONS OF THE CITY OF HENDERSON FY 2024-2025 BUDGET & APPROPRIATION ORDINANCE FOR CERTAIN NON- HAZARDOUS POSITIONS IN THE PUBLIC WORKS DEPARTMENT WHEREAS, Ordinance No. 27-24, adopted the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance effective July 1, 2024; and WHEREAS, Ordinance No. 36-24, amended the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Parks and Recreation; and WHEREAS, Ordinance No. 43-24, amended the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Administration Department; and WHEREAS, Ordinance No. 45-24, amended the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Finance Department; and WHEREAS, Ordinance No. 52-24, amended the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Finance Department; and WHEREAS, Ordinance No. 57-24, amended the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Finance Department; and WHEREAS, Ordinance No. 08-25, amended the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Administration and Gas Departments; and WHEREAS, Ordinance No. 09-25, amended the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Administration and Parks and Recreation Departments; and WHEREAS, Ordinance No. 12-25, amended the City of Henderson FY 2024- 2025 Budget and Appropriation Ordinance; and PUBLICATION DATE: FIRST READ: 4/22/2025 SECOND READ: ORDINANCE NO. 15-25  ORDINANCE NO. 15-25 CONT.) WHEREAS, the City Manager recommends amending the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance for certain non-hazardous positions in the Public Works Department as described in the attached amended budget pages. NOW, THEREFORE, BE IT ORDAINED by the City of Henderson, Kentucky that the Budgeted Positions and Job Classifications of the City of Henderson FY 2024-2025 Budget and Appropriation Ordinance is hereby amended to add one (1) Municipal Facilities Superintendent (Temporary) position and add one (1) Municipal Facilities Worker I, II, or III (Temporary) position for the Public Works Department as shown on the amended budget pages, which are attached hereto and marked as Exhibit "A". All ordinances or parts of ordinances in conflict herewith are hereby repealed and superseded to the extent of such conflict. The ordinance shall become effective upon legal adoption. On first reading of the foregoing ordinance, it was moved by Commissioner THOMAS, seconded by Commissioner HARGIS, that the ordinance be adopted on its first reading. On roll call the vote stood: Commissioner Thomas: AYE Commissioner Hargis: AYE Commissioner Pruitt: AYE Mayor Staton: A YE Commissioner Whitt: AYE WHEREUPON, Mayor Staton declared the ordinance adopted on first reading and ordered that it be presented for second reading at a regular meeting of the Board of Commissioners. On second reading of the foregoing 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 Thomas: Commissioner Hargis: _ __ Commissioner Pruitt: Mayor Staton: Commissioner Whitt: WHEREUPON, Mayor Staton declared the ordinance adopted, affixed his signature and the date and ordered it be recorded. Bradley S. Staton, Mayor Date: - - - - - - - - - - - 2 ORDINANCE NO. 15-25  ORDINANCE NO. 15-25 CONT.) ATTEST: Jessa Brandon, City Clerk APPROVED AS TO FORM AND LEGALITY THIS 17TH DAY OF APRIL 2025. By: _ _ _ _ _ _ _ _ __ Dawn Kelsey, City Attorney 3 ORDINANCE NO. 15-25  ORDINANCE NO. 15-25 {CONT.) Exhibit "A" Total Authorized Positions by Fund Fiscal Year Fiscal Year Fiscal Year 2023 I 2024 Full-Time I 2025 2023 I 2024 I 2025 2023 I 2024 I 2025 Part-Time Temoorary / Seasonal / On-Call General Fund Administration 22.00 26.00 26.00 0.00 0.00 0.00 0.00 5.00 4.00 Finance 28.00 26.00 26.00 3.00 2.00 2.00 1.00 1.00 0.00 Information Technology 6.00 8.00 7.50 0.00 0.00 0.00 1.00 1.00 1.00 Fire 62.00 62.00 62.00 0.00 0.00 0.00 0.00 0.00 0.00 Parks & Recreation 12.00 13.00 13.75 2.00 1.00 1.00 22.00 23.00 35.00 Police 69.00 67.00 71.00 1.00 1.00 1.00 0.00 1.00 0.00 Public Works 22.75 22.75 23.75 0.00 0.00 0.00 0.00 0.00 {O¼ 2.00 I General Fund Total 221.75 224.75 230.00 6.00 4.00 4.00 24.00 31.00 -1-49¼ 42.00 IGas System 25.00 25.00 25.00 0.00 1.00 1.00 3.00 3.00 3.00 Cemetery 4.00 4.00 3.25 0.00 0.00 0.00 0.00 0.00 0.00 Public Way Improvement 10.75 10.75 10.75 0.00 0.00 0.00 0.00 0.00 0.00 Mass Transit 13.00 13.00 13.00 1.00 2.00 2.00 2.00 0.00 0.00 Sanitation 15.50 15.50 15.50 0.00 0.00 0.00 3.00 3.00 3.00 Emergency Communications 16.00 16.00 17.50 0.00 0.00 0.00 3.00 1.00 1.00 GRANDTOTAL 306.00 309.00 315.00 7.00 7.00 7.00 35.00 38.00 ¾471-~ 3 ORDINANCE NO. 15-25 Exhibit "A" Exhibit "A"  ORDINANCE NO. 15-25 (CONT.) Exhibit "A" Public Works Department Authorized Positions PERSONNEL SCHEDULE Fiscal Year Fiscal Year Fiscal Year Public Works Administration 2023 2024 2025 341 Public Works Director I l 1 Secretary, Senior l I I Custodian 0 0 1 2 2 3 Authorized Positions PERSONNEL SCHEDULE Fiscal Year Fiscal Year Fiscal Year Municipal Facilities 2023 2024 2025 014 Municipal Facilities Superintendent l 1 l Munici12al Facilities Su12erintendent (Teml].ora0:.i Q Q l Municipal Facilities Worker, Senior I * Municipal Facilities Worker, Senior II * Municipal Facilities Worker, Senior III * } I 1 I Municipal Facilities Worker I ** Municipal Facilities Worker II ** Municipal Facilities Worker III ** } 3 3 3 Munici12al Facilities Worker I,II,or III (Teml].orarJll Q Q l Municipal Facilities Assistant l 1 1 6 6 8 *There will not be more than a total of I Municipal Worker Senior L II or III position filled **There will not be more than a total of 3 Municipal Worker I, II, or III positions filled Authorized Positions PERSONNEL SCHEDULE Fiscal Year Fiscal Year Fiscal Year Traffic Control 2023 2024 2025 234 Street Superintendent 0.25 0.25 0.25 Secretary, Senior 0.5 0.5 0.5 Traffic Control Supervisor l l 1 Equipment Operator, Senior 2 2 2 Crew Worker, Senior 1 1 1 Crew Worker 2 2 2 6.75 6.75 6.75 Authorized Positions PERSONNEL SCHEDULE Fiscal Year Fiscal Year Fiscal Year Central Garage 2023 2024 2025 ~ Garage Superintendent l 1 l Account Clerk l I l Vehicle Mechanic 4 4 4 4 Exhibit "A" ORDINANCE NO. 15-25 Exhibit "A"  ORDINANCE NO. 15-25 (CONT.) Exhibit "A" Vehicle Servicer I I I Vehicle Servicer Helper I I I 8 8 8 5 Exhibit "A" ORDINANCE NO. 15-25 Exhibit "A"  City Commission Memorandum 25-120 April 25, 2025 TO: Mayor Bradley S. Staton and the Board of Commissioners FROM: Dylan H. Ward, City Manager \.)~w SUBJECT: HART Federal Transit Administration Section 5311 Grant Application The accompanying resolution authorizes the submittal of a grant application for the Kentucky Transportation Cabinet (KYTC)/Federal Transit Administration (FTA) Section 5311 Operating Administrative and Capital Assistance Grant for HART. The grant funds will assist in funding the HART FY2025 fixed route and demand response services, capital, operating, administrative and planning assistance projects. The amount requested is the full amount reserved by the Commonwealth of Kentucky to the City. The receipt of federal funding is crucial to the continued provision of mass transit service to the community. Your approval of the attached resolution is requested. c: Chelsea Mills Crystal Windhaus Jennifer Scott, EMPO  RESOLUTION NO. ---- A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE INFRASTRUCTURE INVESTMENT AND JOBS ACT and A RESOLUTION COMMITTING THE LOCAL SHARE OF FUNDS NECESSARY TO SECURE A SECTION 531 l/5339/5310/5303/5304 GRANT APPLICATION. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of the project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Infrastructure Investment and Jobs Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder; and WHEREAS, it is required by the U.S. Department of Transportation in accordance with the provisions of Section 504 of the Rehabilitation Act of 1973, that in connection with the filing of an application for assistance the applicant gives an assurance that it will comply with Section 504 of Rehabilitation Act of 1973 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is required by the U.S. Department of Labor in accordance with the provisions of Section 5333(b) of the Infrastructure Investment and Jobs Act, that in connection with the filing of an application for assistance under the Infrastructure Investment and Jobs Act, and in the absence of a waiver from the U.S. Department of Labor, the applicant gives an assurance that it will comply with Section 5333(b) of the Infrastructure Investment and Jobs Act, and the U.S. Department of Labor requirements thereunder; and WHEREAS, it is the goal of the applicant that disadvantaged business enterprises be utilized to the fullest extent possible in connection with this project, and the definite procedures shall be established and administered to ensure that disadvantaged businesses shall have maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts or consultant and other services. NOW, THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, Board of Commissioners, hereinafter referred to as Applicant's Governing Board, OF THE Henderson Area Rapid Transit (HART), hereinafter referred to as Applicant, authorizes the following in regard to Bradley S. Staton, Mayor, hereinafter referred to as Agency Representative: Section 1. That Agency Representative of the Applicant is authorized to execute and file an RESOLUTION NO.  RESOLUTION NO. CONT.) application on behalf of the Applicant with the U.S. Department of Transportation, to aid in the financing of the capital, operating, administrative, planning assistance projects described in the attachment. Section 2. That Agency Representative is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. Section 3. That Agency Representative of the Applicant is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Section 4. That Agency Representative of the Applicant is authorized to set forth and execute with such application an assurance that the Applicant will comply with the conditions of the Section 5333(b) Warranty as required by the U.S. Department of Labor effectuating the purposes of Section 5333(b) of Infrastructure Investment and Jobs Act. Section 5. That Agency Representative is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application or the project. Section 6. That Agency Representative is authorized to execute grant contract agreements on behalf of Applicant with the Kentucky Transportation Cabinet for aid in the financing of capital, operating, administrative, planning assistance project( s). Section 7. That Agency Representative is authorized to sign all grant, budgets, application and contract agreements via electronic signature on behalf of Applicant with the Kentucky Transportation Cabinet. Section 8. This Resolution shall be in full force and effect from and after the date of its adoption. WHEREAS, Applicant is authorized by the City of Henderson, Kentucky, Board of Commissioners to apply for and accept grants of money to assist in the implementation of a transit system or for transportation planning in the City of Henderson; and WHEREAS, Applicant has applied to the Kentucky Transportation Cabinet and the Federal Transit Administration of the United States Department of Transportation Act of 1964, in connection with the Section 5311/5339/5310/5303/5304 project; and WHEREAS, said Applicant requires assurance of the Applicant's Governing Board relative to the commitment of the local share for the Section 5311/5339/5310/5303/5304 project(s). 2 RESOLUTION NO.  RESOLUTION NO. CONT.) NOW THEREFORE, BE IT RESOLVED by the City of Henderson, Kentucky, Board of Commissioners, 1. That the Applicant's Governing Board hereby gives assurance that it is the intent of this Body to commit its local share of the funds necessary to support this project to improve transit service in Applicant's service area, as stated above, for a minimum of five years from the inception of the project. Said local share of expenses is to be resolved from the City of Henderson, Kentucky; 2. That the Applicant's Governing Board hereby gives assurance that it is the intent of this Body to continue the operation of transit service or planning for transit service for a minimum of five years. On motion of Commissioner---~ seconded by Commissioner - - - ~ that the foregoing Resolution be adopted, the vote was called. On roll call the vote stood: Commissioner Thomas: Commissioner Hargis: _ __ Commissioner Pruitt: Mayor Staton: Commissioner Whitt: WHEREUPON, Mayor Staton declared the Resolution adopted, affixed his signature and the date thereto and ordered that the same be recorded. Bradley S. Staton, Mayor Date: ----------- ATTEST: Jessa Brandon, City Clerk APPROVED AS TO FORM AND LEGALITY THIS 24TH DAY OF APRIL 2025. By: Dawn S. Kelsey, City Attorney 3 RESOLUTION NO.