City Council

304-284-7439 MORGANTOWN Morgantownwv.gov CITY CLERK 389 Spruce St. Morgantown, WV 26505 AGENDA CITY COUNCIL REGULAR MEETING City Hall Council Chambers, 389 Spruce Street, Morgantown, WV 26505 Tuesday, May 21, 2024 at 7:00 PM 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE: 4. APPROVAL OF MINUTES: A. May 7, 2024, Regular Meeting Minutes 5. CORRESPONDENCE: 6. PUBLIC HEARINGS: A. An Ordinance Amending Article 365 of the City Code providing for Off-Street Parking B. An Ordinance Repealing City Code Section 371.10 Prohibiting Solicitation of Persons Traveling in Vehicles on Public Rights of Way 7. UNFINISHED BUSINESS: A. Boards & Commissions 8. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY COUNCIL AND ADOPTED BY RESOLUTION: 9. SPECIAL COMMITTEE REPORTS: 10. CONSENT AGENDA: A. Consideration of APPROVAL of (Second Reading) of An Ordinance Amending Article 365 of the City Code providing for Off-Street Parking (First reading 5/7/24) B. Consideration of APPROVAL of (Second Reading) of An Ordinance Repealing City Code Section 371.10 Prohibiting Solicitation of Persons Traveling in Vehicles on Public Rights of Way (First reading 5/7/24) 11. NEW BUSINESS: 1  A. Consideration of APPROVAL of (First Reading) of An Ordinance Amending the FY 2023-2024 Annual Budget of the City of Morgantown as shown in the Revised Budget attached hereto and made a part of this Ordinance as the same applies to the General Fund B. Consideration of APPROVAL of A Resolution of the City of Morgantown, West Virginia declaring its official intent to be reimbursed from the proceeds of Bonds to be issued by the Morgantown Building Commission for expenditures in connection with the Design, Acquisition, Construction, Furnishing and Equipping of Improvements to Recreational Facilities located at Marilla Park in the City, made prior to the issuance of Tax-Exempt Lease Revenue Bonds or other obligations C. Consideration of APPROVAL of 2024 Street Improvement Project, Bid Award 2024-13 12. CITY MANAGER'S REPORT: 13. REPORT FROM CITY CLERK: 14. REPORT FROM CITY ATTORNEY: 15. REPORT FROM COUNCIL MEMBERS: 16. EXECUTIVE SESSION: A. Pursuant to West Virginia State Code Section 6-9A-4(b)(9) to discuss matters related to the acquisition and development of real estate in the 2nd Ward B. Pursuant to West Virginia Code Section 6-9A-4(b)(12) to discuss matters protected by attorney-client privilege 17. ADJOURNMENT: For accommodations please call or text 304-288-7072 2  Item 7A. Updated 5/16/2024 Boards & Commissions Vacant Position List o Civilian Police Review & Advisory Board: 2 Vacant – (City Resident or Work within City) 1 – 1yr – 3yr term: 7/5/2023 – 7/4/2026 1 – 2yr – 3yr term: 7/5/2022 – 7/4/2024 o Cultural Arts Commission: 2 Vacant – City Resident 1 – 1yr-4yr term: 4/1/2022 – 3/31/2026 1 – 4yr – 4yr term: 4/1/2021 – 3/31/2025 o Fire Civil Service Commission: 1 Vacant – City Resident (City Manager Appointee) 1 – 4yr term: 7/1/2023 – 6/30/2027 o Fire Code Board of Appeals: 1 Vacant – City Resident (Legal, Building Contractor, Engineering/Architectural Design) 1– 3yr terms: 5/2/2022 – 4/30/2025 (Legal) o Health & Wellness Commission: 1 Vacant – City Resident 1 – 3yr – 3yr term: 1/1/2024 – 12/31/2026 o Historic Landmarks Commission: 1 Vacant – City Resident 1 – 4yr – 4yr term: 11/5/2022 – 11/4/2026 o Human Rights Commission: 2 Vacant – City Resident & 1 Vacant – Administrative Liaison 2 – 2yr – 2yr term: 7/1/2022 – 6/30/2024 o “ICC” Building Code Board of Appeals: 2 Vacant (Architect/Engineer or Bldg. Contractor) 1 – 1yr – 5yr term: 5/1/2021 – 4/30/2026 1 – 4yr – 5yr term: 5/1/2024 – 4/30/2029 o Personnel Board: 1 Vacant – City Resident 1 – 3yr – 1yr – 3yr term: 7/1/2021 – 6/30/2024 o Planning Commission: 2 Vacant – City Resident Ward Specific 1 – 2yr – 3yr term: 1/1/2024 – 12/31/2026 – 1st Ward 1 – 1yr – 3yr term: 1/1/2023 – 12/31/2025 – 3rd Ward o Sister Cities Commission: 3 Vacant 1 – 2yr – 3yr term: 6/1/2021 – 5/31/2024 1 – 3yr – 3yr term: 6/1/2022 – 5/31/2025 1 – 1yr – 3yr term: 6/1/2023 – 5/31/2026 o Traffic Commission: 3 Vacant – City Resident Ward Specific 3 – 3yr term: 4/4/2024 – 4/3/2027 –2nd Ward, 4th Ward, and 7th Ward o Tree Board: 1 Vacant 1 – 3yr – 3yr term: 11/15/2023 – 11/14/2026 3 1|Page  Item 7A. Updated 5/16/2024 o Urban Landscape Commission: 2 Vacant (Landscape Design – Horticulture - Plant Health) 1 – 1yr – 3yr term: 7/1/2021 – 6/30/2024 1 – 3yr – 3yr term: 7/1/2023 – 6/30/2026 o Ward & Boundary Commission: 2 Vacant – City Resident Ward Specific 2 – 2yr terms: 7/1/2023 – 6/30/2025 – 4th Ward & 7th Ward o Woodburn Commission: 2 Vacant – City Resident 1 – 2yr – 3yr terms: 1/1/2022 – 12/31/2024 1 – 1yr – 3yr terms: 1/1/2024 – 12/31/2026 4 2|Page  Item 10A. Ordinance No. 2024-___ AN ORDINANCE AMENDING ARTICLE 365 OF THE CITY CODE PROVIDING FOR OFF-STREET PARKING The City of Morgantown hereby ordains that Article 365 of the City Code is amended as follows: Sec. 365.01. Definitions. For the purposes of this article, unless the context clearly otherwise requires, the following words and phrases shall have the meanings given: respectively ascribed to them by this section: Off-street gated parking facility means any parking lot or multi-level parking garage with an installed access gate system for the purpose of regulating ingress and egress to the facility and requiring payment for time parked prior to exiting that facility. Off-street parking facilities means the areas of land in the City which are now, or which may hereafter, be improved, paved, lighted and marked off in individual parking spaces, and equipped with parking meters or payment systems for use in parking vehicles. Parking means the standing of a vehicle upon any off-street facility provided therefor, whether such vehicle is occupied or not, by an operator or otherwise, for a period in excess of one minute. Parking authority means the Morgantown Parking Authority, established by Council. Parking meter means a device which shall indicate thereon the length of time during which a vehicle may be parked in the particular individual parking space and which shall have as a part thereof a receptacle or chamber for receiving and storing coins representing currency of the United States of America, or tokens approved by the Parking Authority, and a slot or place in which such coins or tokens may be deposited. Payment system means any device, equipment, or service designated and used by the Parking Authority to provide for payment for parking in Off-street gated parking facilities or Off-street parking facilities, including without limiting the generality of the foregoing a central pay station for a designated off-street parking facility and any software application accessed by user devices to make payment for parking. Vehicle means any device in which any person or property is or may be transported upon a public highway, except such as are motivated or propelled exclusively by human power. Sec. 365.02. Facilities designated. For the purposes of this article, the off-street parking facilities that shall be subject to this article shall be as follows: (a) A parking lot already constructed at the corner of Spruce Street and Fayette Street within the City. (b) Such other sites as may hereafter be constructed and established by the Parking Authority. 5  Item 10A. Sec. 365.03. Designation of parking spaces. (a) The individual parking spaces shall be set out and marked off in the off-street parking facilities in the first instance by the Parking Authority, and such Authority shall thereafter continue to mark off and designate such individual spaces, and the Authority, and its agents and employees, are authorized and directed to keep each vehicle parked entirely within an individual parking space. (b) Any person using the off-street parking facilities shall park their vehicle by pulling it forward into the designated parking space so that the vehicle is facing the parking bumper or marked end of the space and the his vehicle is entirely within a designated parking space in a direction facing the meter. (c) No person shall park his or her vehicle anywhere within a parking facility, subject to the provisions of this article, except in a designated public parking space. (Ord. No. 05-15, 6-21-2005) Sec. 365.04. Installation of meters; deposit of coins; overtime parking. There shall be installed in the immediate vicinity of each individual parking space, in the off-street parking facilities regulated by this article, a parking meter or payment system, and such meter or payment system shall be under the management, supervision and control of the Parking Authority, or a person designated by it. Whenever a vehicle is parked in an individual parking space, where a parking meter has been installed or a payment system is in use, the person parking such vehicle shall submit payment by methods accepted by the parking meter or payment system designated for the space. deposit one or more $.05 coins, one or more $0.10 coins, and one or more $0.25 coins of the currency of the United States of America, or one or more tokens issued and approved by the Parking Authority in such parking meter, depending on the time that such person desires to occupy such individual off-street parking space. No person shall cause, allow or permit any vehicle registered in the name of, in the possession of, or operated by such person to be parked overtime or beyond the period of legal parking time established for any individual parking space on any of the off-street parking facilities subject to this article. Each additional hour that a vehicle remains in an individual parking space after the prescribed time for parking has elapsed shall be deemed an additional violation of this article. Sec. 365.05. Establishment of parking rates. (a) Council upon recommendation of the Parking Authority, shall, by proper resolution from time to time establish, revise and change parking rates and determine the length of time that parking is permissible under such rates in an individual parking space for which a meter is installed in the off-street parking facilities regulated by this article. Notice to the public shall be given setting forth the length of time for which parking is permitted, of the time therefor, and the conditions thereof. Such notice may be placed upon the parking meter stand or in the immediate vicinity thereof. 6  Item 10A. (b) Council upon recommendation of the Parking Authority, may, by proper resolution from time to time authorize, establish and revise and change parking rates for monthly parking permits in and on off-street parking facilities. Sec. 365.06. Defacing or tampering with meters. Sec. 365.06. Defacing or tampering with meters or payment systems. No person shall deface, injure, tamper with, open, or willfully break, destroy or impair the usefulness of any parking meter or payment system, or associated equipment or facilities including parking meter stand or coin depository installed under the provisions of this article or any of the off-street parking facilities. Sec. 365.07. Depositing slugs in meters. No person shall attempt to access parking without making the required payment therefor, including by tampering with or gaining unauthorized access to any payment system or depositing in any parking meter installed on the off-street parking facilities regulated by this article any slug, device, or metallic substance or any other thing as a substitute for a $0.05 coin, or a $0.10 coin or a $0.25 coin of the currency of the United States of America, or a token issued and approved by the Parking Authority. Sec. 365.08. Changes and readjustments. As authorized and required by West Virginia Code Article 8-16, the right is reserved by the City to change and readjust the rates or charges established from time to time so that the revenues from all the municipal public automobile parking facilities of the City shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair, replacements and maintenance thereof and also to provide for payment of the required sums into the Parking Facilities Bond and Interest Redemption Fund so that the aggregate amounts so paid into such fund from the revenues of such facilities shall be sufficient to discharge the interest on and the principal of the revenue bonds heretofore and hereafter issued by the City for account of such facilities, all as provided by the ordinances pursuant to which such bonds have been or are to be issued. Sec. 365.11. Immobilization of vehicles. (a) When it appears to any police officer or parking enforcement officer that any vehicle in a parking lot or garage operated by the Parking Authority has been so placed in the past so as to result in two or more citations to the owner or driver which have not been properly disposed of in accordance with the City Code, the officer may immobilize the vehicle until the owner or driver has satisfied any existing and past violations in accordance with the City Code, or until the vehicle has been impounded. The owner or driver of any vehicle which has been immobilized shall, in addition to the fines and penalties provided for under the provisions of this Traffic Code, pay the Parking Authority the sum of $45.00 as reimbursement to it for administrative costs associated with said immobilization. 7  Item 10A. (b) No unauthorized person shall move any vehicle immobilized pursuant to the preceding subsection prior to obtaining a release thereof from either the Judge of the Municipal Court, the Director of the Parking Authority, or the officer in charge at the City police station. (c) Any person who damages any property of the City or the Parking Authority in an attempt to remove or alter an immobilization device or by moving a vehicle which has been immobilized pursuant to this section shall reimburse the City or the Parking Authority for the cost of the damage. Sec. 365.12. Gate and pull ticket violations. (a) No vehicle shall exit any off-street gated parking facility without paying the required fee for parking, including by means of a gate being physically lifted, by driving around a gate, or by exiting through any unauthorized area that avoids use of a gate. (b) No vehicle shall exit any off-street gated parking facility by means of a pull ticket which has been modified or is different than that which was issued to the vehicle upon entering the facility. (c) No vehicle shall tailgate while exiting an off-street gated parking facility. For purposes of this subsection, tailgate shall mean one vehicle following another vehicle so closely that the tailgating vehicle exits through the gated area during the gate cycle for the vehicle in front of it without using a paid parking ticket to exit. (d) Violations of any of the prohibitions within Section 365.12 shall be subject to a penalty of not less than $100.00 nor more than $500.00. Parking Authority Enforcement Officers shall have the authority to mail citations to a vehicle's registered owner who shall be responsible for violations set forth in Section 365.12. Sec. 365.99. Parking violations; penalty. It shall be the duty of the Parking Authority, its agents and employees, to report: (a) The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parking in violation of any of the provisions of this article. (b) The State license number of such vehicle. (c) The time during which such vehicle is parked in violation of any of the provisions of this article. (d) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violations. There shall be attached to each such vehicle standing in an individual parking space in violation of this article, a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this article. Each such owner or operator may, within ten days of the time that such notice of violation has been attached to such vehicle, discharge and satisfy the penalty for violation of this article by depositing the sum indicated on the parking ticket in a depository or receptacle placed for such purpose on the off-street parking facility, for each violation of this article. Each such owner or operator who fails to so discharge the penalty 8  Item 10A. for violation of this article within such ten-day period shall then pay to the Parking Authority as a penalty for and in full satisfaction of such violation the sum of $10.00 for each violation, such payment to be made within ten days after the time that such violation occurred. An owner or operator of a vehicle violating Section 365.03(c) shall be subject to a penalty of $50.00. An owner or operator of a vehicle violating Section 365.12 shall be subject to a penalty of $100.00. This ordinance shall be effective upon adoption. FIRST READING: ______________________ ______________________________ Mayor SECOND READING: ____________________ ______________________________ ADOPTED: ____________________________ CITY CLERK FILED: ________________________________ 9  Item 10A. Sec. 365.09. Disposition of fines. The fines or payments for penalty for violations of this article deposited by the owner or operator of vehicles in the depository receptacle placed or located at the off-street parking facility shall be collected regularly by the person designated to make the collection from the coin boxes and the parking meters by the Parking Authority, and such fines or payments for violations so collected shall be deposited by the Finance Director to the credit of the Parking Authority. All other fines which are processed through the Police Court of the City shall be collected and deposited by the Finance Director in the General Fund of the City. Sec. 365.10. Collections from payment systems, meters, and fine boxes. The Parking Authority shall designate persons to collect and account for payments deposited in the coin boxes in the parking meters and also the fine boxes or receptacles installed in the off-street parking facilities regulated by this article, and establish processes to collect and account for payment received through authorized payment systesm, and deliver the same to the office of the Finance Director. 10  Item 10B. Ordinance No. 2023-____ AN ORDINANCE REPEALING CITY CODE SECTION 371.10 PROHIBITING SOLICITATION OF PERSONS TRAVELING IN VEHICLES ON PUBLIC RIGHTS OF WAY The City of Morgantown hereby ordains that Section 371.10 of the City Code is repealed, as follows (deleted matter stricken): Sec. 371.10. - Solicitation of persons traveling in vehicles on public rights-of-way prohibited. (a) For purposes of this Code section, "solicit", "solicitation" or "soliciting" shall mean asking for money or objects of value, with the intention that the money or object be transferred from the occupant of a vehicle within a public roadway to the solicitor at that time, and at that place. "Soliciting" shall include using the spoken, written, or printed word, bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. (b) It shall be unlawful for any person, while standing in any portion of a public right-of-way to solicit business, or contributions of money or other property, from any person traveling in a vehicle within a public right-of-way; provided, however, that the foregoing prohibition shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. (c) Having received a license or permit from the City to conduct solicitation, peddling, or other municipal regulated activity within the City shall not constitute an exception to the solicitation activities prohibited by this Code section. (d) Any person violating this Code section shall be guilty of a misdemeanor and subject to a minimum fine of $50.00 and a maximum fine of $500.00. Severability is intended throughout and within the provisions of this section. If any section, sentence, clause or phrase of this section is held invalid or unconstitutional by a court of competent jurisdiction, then such judgement shall in no way affect or impair the validity of the remaining portions of this section. This section shall be effective upon date of adoption. This Ordinance shall be effective upon adoption. FIRST READING: ____________________ ______________________________ Mayor SECOND READING: _________________ ______________________________ ADOPTED: _________________________ City Clerk FILED: ____________________________ 11  Item 11A. AN ORDINANCE AMENDING THE FY 2023-2024 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND. The City of Morgantown hereby ordains: That the FY 2023-2024 Annual Budget of the General Fund of the City of Morgantown is amended as shown in the revised budget (Revision 03) attached hereto and made a part of this ordinance. First Reading: ___________________________ Adopted: Mayor Filed: ___________________________ Recorded: City Clerk 12 LGSD BR (Ver. 2020) REQUEST FOR REVISION TO APPROVED BUDGET Item 11A. Subject to approval of the state auditor, the governing body requests CONTROL NUMBER Fiscal Year Ora Ash, Deputy State Auditor that the budget be revised prior to the expenditure or obligation of funds Ending: 2023-2024 West Virginia State Auditor's Office for which no appropriation or insufficient appropriation currently exists. Fund: 001 200 West Main Street (§ 11-8-26a) Revision Number: 3 Clarksburg, WV 26301 Pages: 1 of 1 Phone: 627-2415 ext. 5114 City of Morgantown Fax: 304-340-5090 GOVERNMENT ENTITY Email: lgs@wvsao.gov Person To Contact Regarding Request: 389 Spruce Street Name: Kevin Tennant STREET OR PO BOX Municipality Phone: 304-284-7407 Government Type Fax: 304-284-7418 Morgantown 26508 Email: kevin.tennant@morgantownwv.gov CITY ZIP CODE REVENUES: (net each acct.) ACCOUNT ACCOUNT PREVIOUSLY REVISED NUMBER DESCRIPTION APPROVED AMOUNT (INCREASE) (DECREASE) AMOUNT Property Taxes - Current Expense 301-01 (Page 3-Net) 4,485,061 200,000 4,285,061 305 Business and Occupation Tax 14,500,000 750,000 15,250,000 #N/A #N/A #N/A #N/A NET INCREASE/(DECREASE) Revenues (ALL PAGES) 550,000 Explanation for Account # 378, Municipal Specific: Explanation for Account # 369, Contributions from Other Funds: EXPENDITURES: (net each account category) (WV CODE 7-1-9) ACCOUNT ACCOUNT PREVIOUSLY REVISED NUMBER DESCRIPTION APPROVED AMOUNT (INCREASE) (DECREASE) AMOUNT 410 City Council 79,086 2,500 81,586 412 City Manager's Office 990,821 20,000 1,010,821 414 Finance Office 1,237,972 7,500 1,245,472 420 Engineering 244,623 60,000 304,623 439 Data Processing 863,112 43,500 906,612 Contributions / Transfers to Other 444 Funds 6,134,722 350,000 6,484,722 569 Local Government Access Channel 316,052 16,500 332,552 706 Fire Department 7,807,007 50,000 7,857,007 #N/A #N/A NET INCREASE/(DECREASE) Expenditures 550,000 APPROVED BY THE STATE AUDITOR BY: AUTHORIZED SIGNATURE APPROVAL Deputy State Auditor, Local Government Services Division Date OF ENTITY DATE 13  Item 11B. RESOLUTION OF THE CITY OF MORGANTOWN, WEST VIRGINIA DECLARING ITS OFFICIAL INTENT TO BE REIMBURSED FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE MORGANTOWN BUILDING COMMISSION FOR EXPENDITURES IN CONNECTION WITH THE DESIGN, ACQUISITION, CONSTRUCTION, FURNISHING AND EQUIPPING OF IMPROVEMENTS TO RECREATIONAL FACILITIES LOCATED AT MARILLA PARK IN THE CITY, MADE PRIOR TO THE ISSUANCE OF TAX-EXEMPT LEASE REVENUE BONDS OR OTHER OBLIGATIONS WHEREAS, Treasury Regulations Section 1.150-2 (the “Reimbursement Regulation”) sets forth the rules for determining when proceeds of bonds or other obligations are deemed spent for purposes of applying Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended (the “Code”), including the arbitrage yield restrictions and rebate requirements under Code Section 148, if the proceeds are used to reimburse expenditures made prior to the date of issue of the bonds or other obligations; WHEREAS, the Reimbursement Regulation requires that a declaration of official intent to reimburse the expenditures (“Declaration of Official Intent”) be made not later than sixty (60) days after payment of the “original expenditure,” as such term is defined in the Reimbursement Regulation (the “Original Expenditures”), and that an allocation in writing evidencing use of proceeds of a reimbursement bond to reimburse an Original Expenditure be made within eighteen (18) months after the later of the date the Original Expenditure is paid or the date the project is placed in service or abandoned, but in no event later than three (3) years after the Original Expenditure is paid; WHEREAS, The City of Morgantown, West Virginia (the “City”) wishes to take such action as is necessary or permitted to comply with the Reimbursement Regulation; WHEREAS, the City and the City’s Board of Parks and Recreation Commissioners (“BOPARC”) intend to request the assistance of the Morgantown Building Commission (the “Building Commission”), pursuant to the provisions of West Virginia Code Section 8-33-1, et seq. (the “Building Commission Act”) in the design, acquisition, construction, furnishing and equipping of improvements to certain of the City’s recreational facilities operated and maintained by BOPARC and located at Marilla Park, including but not limited to the construction of tennis courts, a shelter, parking facilities, improvements to Marilla Center, a bike/skate park, restroom and shelter facilities, recreational field green space, pickleball courts and a basketball court together with all appurtenant facilities (the “Project”), and the financing of all or a portion of the costs thereof through the issuance by the Building Commission of not more than $11,000,000 in aggregate principal amount of lease revenue bonds, in one or more series (the “Bonds”); and WHEREAS, the City and/or BOPARC expect to make Original Expenditures relating to the design, acquisition, construction and equipping of the Project prior to the issuance of the Bonds by the Building Commission; 14  Item 11B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MORGANTOWN, WEST VIRGINIA, AS FOLLOWS: 1. This is a Declaration of Official Intent within the meaning of Treasury Regulations Section 1.150-2. 2. The City intends and reasonably expects that Original Expenditures made by the City and/or BOPARC in connection with the Project will be reimbursed with proceeds of the Bonds to be issued by the Building Commission pursuant to the Building Commission Act, in order to finance costs of the Project, to fund a reserve fund for the Bonds, if funded from Bond proceeds, and to pay costs of issuance of the Bonds and related costs, including the premium for one or more bond insurance policies, if necessary. The Bonds are anticipated to be issued, in one or more series, in the maximum aggregate principal amount of not more than $11,000,000. 3. The source of payment for Original Expenditures relating to the Project to be reimbursed from proceeds of the Bonds will be cash dispersed from BOPARC’s Sales Tax Account held at United Bank. 4. The Mayor and City Manager of the City and the Chairman of the Building Commission are hereby authorized, empowered and directed to take any additional action necessary to comply with the requirements of the Reimbursement Regulation so that Bond proceeds used to reimburse expenditures which are the subject of this Declaration of Official Intent will be deemed spent, including making an allocation in writing evidencing the use of proceeds of the Bonds to reimburse an Original Expenditure within eighteen (18) months after the later of the date the Original Expenditure is paid or the date the Projects are placed in service or abandoned, but in no event later than three (3) years after the Original Expenditure is paid. 5. The appropriate officials of the City and the Building Commission, including without limitation the Mayor, the City Manager and the City Clerk of the City and the Chairman of the Building Commission, are hereby authorized and directed to execute and deliver for and on behalf of the City and the Building Commission, respectively, any or all additional certificates and other documents and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters authorized in this resolution. 6. This Resolution shall become effective upon the date of its adoption. [Remainder of Page Intentionally Blank] 15  Item 11B. Adopted this ____ day of _____________, 2024. THE CITY OF MORGANTOWN, WEST VIRGINIA ____________________________________ Mayor ____________________________________ City Manager 16  Item 11B. CERTIFICATION The undersigned, being the duly qualified, elected and acting City Clerk of The City of Morgantown, does hereby certify that the foregoing Resolution was duly adopted by the City Council of The City of Morgantown at a regular meeting duly held, pursuant to proper notice thereof, on ___________, 2024, a quorum being present and acting throughout, and which Resolution has not been modified, amended or revoked and is a true, correct and complete copy thereof as of this ___________, 2024. By: _____________________________ City Clerk 17  Item 11C. P: 304-284-7412 MORGANTOWN Fax: 304-284-7409 ENGINEERING & Morgantownwv.gov PUBLIC WORKS 389 Spruce St. Morgantown, WV 26505 Memorandum To: A. Kim Haws, City Manager From: Damien Davis, Public Works Director Date: May 16, 2024 Re: Results from Bid Call 2024-13 – 2024 Street Improvement Project (paving) Bids for the annual paving project were opened at 2:00 pm, on May 16, 2024. The results are as follows: CONTRACTOR BID AMOUNT 1. Mountaineer Contractors Inc. $962,612.00 2. Anderson Excavating, LLC. $792,840.00 3. Bear Contracting, LLC. $838,550.00 4. Parrotta Paving Co., Inc. $826,325.00 Public Works has reviewed the submitted bids for completeness and adherence to the Bid Call requirements. Based on the results above, we recommend awarding the project to Anderson Excavating, LLC. 18