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ADOPTION
(A) Adoption process. Before the adoption of this chapter or any amendment thereto, a public hearing shall be held by the Planning Commission. A public notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the city and county in accordance with KRS Chapter 100.
(B) Effective date. This chapter shall take effect and be in force immediately upon their adoption by the County Fiscal Court on November 27, 2017.
(Ord. passed 11-27-2017)
(A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided, shall be subject to the provisions of § 10.99.
(B) Recording of plats. Any County Clerk who receives, files or records a plat in violation of the provisions of this chapter shall be fined no less than $100 nor more than $500 as provided in KRS Chapter 100.
(C) Transfers of property.
(1) Any person who transfers or negotiates to transfer any lot in a subdivision before the final plat of said subdivision has been approved by the Planning Commission and recorded in the County Clerk’s office, or attempts the description of lands by metes and bounds in violation of this chapter, shall pay to the county a penalty of $100 for each parcel of land so transferred as provided in KRS Chapter 100.
(2) The county may, by action in the Circuit Court, enjoin the transfers or agreement to transfer land as provided in KRS Chapter 100.
(Ord. passed 11-27-2017)
THIS AGREEMENT is made this _____ day of ________________, 20___, by and between the McCracken County Fiscal Court (“County”), with a principal mailing address of 300 South 7th Street, Paducah, Kentucky 42003; and (name and mailing address of developer) (“Developer”) and (name and mailing address of Owner) (“Owner”).
RECITALS
A. The Owner is the owner of real property located in McCracken County legally described as set forth in Exhibit A attached hereto and incorporated by reference herein (“Property”).
B. The Owner and the Developer have applied for approval of a final plat of subdivision of the Property to be known as _______________________________________ (“Subdivision”).
C. The Developer has submitted to the County for its approval the engineering plans and specifications for the public improvements consisting of storm water retention basins and the grading, drainage, curbing and paving for the publicly used street system, (“Public Improvements”) for the Subdivision prepared by __________________________________________ dated _____________________ last revised _____________________________ (“Plans”) and the County has accepted the Plans.
D. The County is willing to accept the Plan only upon the condition that the Owner and the Developer agree to cause the Public Improvements for the Subdivision to be installed and completed in a good and workmanlike manner with materials of good quality in strict accordance with the Plans, County specifications and the County Subdivision Regulations, fully paid for and maintained by the Developer as determined by the County Engineer.
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, it is agreed by and among the parties as follows:
1. The County agrees to accept the final Plan provided that the Developer satisfy all conditions precedent to such acceptance as set forth in the McCracken County Subdivision Regulations and the county road specifications.
2. The Owner and Developer jointly and severally promise and agree as follows:
A. To construct the Public Improvements, or cause them to be constructed, in a good and workmanlike manner with materials of good quality acceptable to the County Engineer and in strict accordance with the Plans and the McCracken County Subdivision Regulations and to complete phases _____ (A), _____ (B), _____ (C), _____ (D) of construction set forth in paragraph three (3) below on or before the completion dates therein specified and completion of all Public Improvements, and
B. To pay to the contractors and material suppliers who furnish labor or materials, or both for the construction of the Public Improvements the full amounts due them for such labor and materials, and
C. To maintain the Public Improvements for the full duration of the project up to the final completion date as set forth in paragraph three (3) below. The Developer’s maintenance obligations shall include, but are not limited to:
I. Maintaining the Public Improvements;
II. Repairing any damage to the Public Improvements caused by the Developer, its agents, servants, employees or its successors and assigns, or by any contractor hired by the Developer, its agents, servants, employees, successors or assigns, or any subcontractor hired by such contractor; and
III. Repairing or replacing any defective workmanship or materials in the Public Improvements, and
3. Completion Dates: The Public Improvements shall be completed in accordance with the following schedule as time is of the essence:
A. Curb and gutter roadways or non-curb and gutter roadways site grading, including grading and drainage of streets, detention and retention ponds shall be completed on or before ______________________________.
B. Curb and street base, including “first lift” of pavement, shall be completed on or before ___________________________.
C. Curb and gutter roadways final street surface (“second lift”), including necessary repairs to street base, (“first lift”), catch basins, manholes and other structures located between curb lines shall be completed on or before ______________________________.
D. Non-curb and gutter roadways, complete grading of ditch sections, proper installation and maintenance of pipe drainage structures, street aggregate base, (“first lift”) of pavement base and final street surface (“second lift”) including necessary repairs to the aggregate base and (“first lift”) of pavement shall be completed on or before ___________________________.
4. The Owner and Developer further agree to cause to be maintained at all times proper security to guarantee the completion of payment for and maintenance of the Public Improvements as required by the McCracken County Subdivision Regulations in the form of either (1) an irrevocable standby letter of credit; (2) a self-funded bond guarantee; or (3) a performance/warranty surety bond. In the event said letter of credit nears its expiration date and is not renewed, the County may collect on the same.
5. The failure of the County to insist upon the strict and prompt performance of the obligations herein contained shall not constitute or be construed as a waiver or relinquishment of the County’s rights thereafter to enforce such obligation, but the same shall continue in full force and effect. If the performance of any obligation to be performed under this Agreement by the Owner/Developer is delayed as a result of circumstances which are beyond the reasonable control of the Owner/Developer (which circumstances may include acts of God, war, acts of civil disobedience, strikes or similar acts), the time for such performance shall be extended by the amount of time of such delay.
6. This Agreement shall be binding upon and inure to the benefit of the Parties, their successors and assigns.
7. Venue, Attorney’s Fees: The parties agree that the proper venue for the enforcement of this Agreement shall be the McCracken County Circuit Court. The Developer and Owner, jointly and severally agree to reimburse the County for any reasonable attorney’s fees and court costs incurred by the County in enforcing or attempting to enforce the obligations of the Developer and the Owner, regardless of whether a lawsuit is actually filed, within 30 days after the receipt of copies of paid invoices for such attorney’s fees and court costs.
IN WITNESS HEREOF AND BY AFFIXING THE SIGNATURES OF THEIR AUTHORIZED AGENTS BELOW, THE PARTIES HEREBY ACKNOWLEDGE AND CERTIFY THAT THE TERMS AND CONDITIONS SET FORTH HEREIN WERE AGREED UPON BY THE PARTIES IN THE COURSE OF GOOD FAITH NEGOTIATIONS CONDUCTED AT ARMS LENGTH. SAID SIGNATURES FURTHER ACKNOWLEDGE AND CERTIFY THAT THE PARTIES HAVE BEEN GIVEN ADEQUATE TIME TO READ, REVIEW AND SEEK CLARIFICATION FROM LEGAL COUNSEL PERTAINING TO ALL RIGHTS AND DUTIES SET FORTH HEREIN AND NOW FULLY UNDERSTAND ALL SUCH RIGHTS AND DUTIES AND INTEND TO BE BOUND BY THE SAME.
MCCRACKEN COUNTY FISCAL COURT
_____________________________________
McCracken County Judge/Executive
NOTARY SEAL
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
I certify the following was duly sworn before me on the _____ day of _________________, 20___.
_____________________________________
Notary Public
My commission expires: ________________
DEVELOPER
By:__________________________________
Title:_________________________________
NOTARY SEAL
STATE OF KENTUCKY
COUNTY OF MCCRACKEN
I certify the following was duly sworn before me on the ______ day of ________________, 20___.
_____________________________________
Notary Public
My commission expires: _________________
(Ord. passed 11-27-2017)
WITNESSETH
Self-Bond No. ______________
WHEREAS, (hereinafter referred to as Guarantor) owns or controls (hereinafter referred to as Operator);
WHEREAS, Guarantor satisfies the financial requirements and criteria set by the McCracken County Subdivision Regulations pertaining to self-funded Bond guarantees;
WHEREAS, Operator has requested and desires to place with the McCracken County Fiscal Court its self-bond to secure public improvement as set forth in the Subdivision Public Improvements Agreement;
WHEREAS, Guarantor desires to guarantee the funds pledged under Operator’s self-bond;
WHEREAS, Guarantor has the full authority under the laws of the Commonwealth of Kentucky, under which it is incorporated, its articles of incorporation and by-laws to enter into this guarantee;
WHEREAS, Guarantor has full approval from its Board of Directors to enter into this guarantee;
WHEREAS, it is in the best interests of Guarantor, in the legitimate furtherance of its purposes and business, to enter into this guarantee;
I) NOW, for value received, and in consideration of the approval and execution of Self-Bond No. __________, Guarantor, a corporation created and existing under the laws of the Commonwealth of Kentucky, their successors and assigns, jointly and severally, do hereby covenant, guarantee, promise and agree to make prompt payment upon demand of the full amount, or portions thereof, of the self-bond of Operator, on the terms and conditions described herein, said payment of monies to be used for the completion of public improvements in strict compliance with the terms of the Subdivision Public Improvements agreement. This guarantee covers any and all demands, liabilities, charges, and expenses of whatsoever kind or nature, which McCracken County may at any time sustain or incur by reason of or in consequence of having accepted the self-bond or Operator, including all litigation costs and all administrative costs reasonably incurred by McCracken County in any successful effort to enforce obligations and requirements of the Operator with respect to the operation or activity that is bonded.
II) This Corporate Guarantee is a continuing guarantee and is to be in full force and effect until all of the terms of Operator’s self-bond and Subdivision Public Improvements Agreement has been satisfactorily performed or otherwise discharged to the satisfaction of McCracken County.
III) Guarantor hereby fully consents to the following, any of which shall not affect nor change or discharge the obligations of this guarantee:
A) Any renewals, revisions, modifications to the terms of the self-bond, including increases or decreases in the dollar amount of the bond, or the lands to which it applies.
B) Any extension of time for performance of the whole or any part of the conditions of the self-bond.
C) Any changes, revisions, modifications or renewals to the terms of the permits, including the mining and reclamation plans contained therein.
IV) Guarantor expressly waived the following:
A) Notice of the acceptance of this Corporate Guarantee by McCracken County.
B) Notice of renewals, revisions, modifications to the self-bond.
C) Notice of changes, revision, modifications or renewals of the terms of the permits of the Operator.
D) Notice of any extensions of time for performance of the whole or any part the condition of the self-bond.
E) Notice of bond forfeiture proceedings, notice of any demand for payment of self-bond; or any dishonor thereof.
F) All other notices to which Guarantor might otherwise be entitled in connection with this Corporate Guarantee or the obligation hereby guaranteed.
G) The institution of any civil actions or the exhaustion of legal remedies against the Operator as a condition to enforce of this Corporate Guarantee.
V) This Corporate Guarantee is subject to the following conditions, to-wit:
A) Any demand for funds shall be accompanied by a signed statement that McCracken County has forfeited, in whole or in part, the self-bond.
B) This Corporate Guarantee shall be limited in amount as follows:
1) Public Improvement costs: the indebtedness reflected by the cost of completion of the Public Improvements in compliance with the Subdivision Public Improvements Agreement.
2) Litigation and administrative costs: the actual amount of such costs reasonably incurred in any successful effort to enforce requirements and obligations of the Operator and/or the obligations of the Guarantor under this agreement. Litigation and administrative costs shall not be limited by the indebtedness reflected by the approved self-bond.
C) If the Operator fails to complete the Public Improvements in compliance with the Subdivision Public Improvements Agreement, the Guarantor shall be required to pay to McCracken County the amount in full necessary to complete the approved reclamation plan, no to exceed the bond amount, within ten (10) business days after receipt of McCracken County demand for payment. Guarantor hereby agrees that demands for payment may be based and are payable on projections of costs or their actual accrual and that liability for payment shall not be contingent on the costs having been presently sustained.
D) This Corporate Guarantee may be canceled only upon notice of said cancellation being sent to the Operator and McCracken County at least ninety (90) days in advance of the proposed cancellation date and then only upon acceptance of the cancellation by McCracken County. The cancellation shall be accepted by McCracken County if the Operator obtains a suitable replacement bond before the proposed cancellation date or if the lands for which the self-bond, or portion thereof, was accepted have not and will not be disturbed under the terms of the permit, or the self-bond has been released in accordance with the provisions of Chapter 22, Article 3 and the rules and regulations promulgated thereunder.
VI) This Corporate Guarantee shall be and continue effective notwithstanding any present or future legal disability of the Operator.
VII) There are no conditions or limitations to this Corporate Guarantee except those contained herein at the date hereof, and thereafter no alteration, change or modification hereof shall be binding or effective unless executed in writing, signed by the guarantor, and approved by McCracken County.
VIII) Guarantor agrees to pay all costs and expenses incurred by McCracken County which are expended in any successful action instituted to enforce the terms of this guarantee.
IX) This guarantee shall be good and effective notwithstanding any change or changes in the business name of the operator.
X) No changes, revisions, modifications or renewals to the self-bond of the Operator or the terms of permits shall act as a release of the Guarantor from this Corporate Guarantee.
XI) All notices required to, or which may be given shall be effective when received by the addressees at the addresses specified below. Personal delivery shall have the same effect as notice given by mail. Notices given by mail shall be sent certified.
GUARANTOR
Name | Address |
FOR
Name | Address |
XII) In case of the insolvency, bankruptcy or dissolution of the Operator, all funds represented by the self-bond shall immediately become due and payable and this Corporate Guarantee may thereupon be enforced.
XIII) This Corporate Guarantee is one of payment and not of collection.
XIV) The failure of any person or persons to sign this Corporate Guarantee shall not release or affect the liability of Guarantor.
XV) This Corporate Guarantee is a binding contract and shall be construed under and subject to the laws of the Commonwealth of Kentucky with jurisdiction and venue rested solely in the McCracken County Circuit Court.
(Ord. passed 11-27-2017)
WHEREAS, all policy related decisions of McCracken County, Kentucky (hereinafter “County”) are guided by its duty to safeguard and provide for the health, safety and welfare of the citizens;
WHEREAS, because concrete, brick, stone and other custom made mail receptacles are unable to bend, give or fall out of the way in the event of a motor vehicle collision, such receptacles present a reasonably foreseeable risk of harm to motorists;
WHEREAS, in light of this foreseeable risk, the United States Postal Service’s Postal Operations Manual (“POM”) and the Federal Highway Administration have set forth pertinent safety standards that the County is duty bound to follow and enforce;
NOW THEREFORE, it is presently the intent of the County to accept, adopt and enforce the following mail receptacle safety requirements within the jurisdictional boundaries of the County as stated herein:
Section 1: Curbside Mailbox Safety Requirements:
The County requires that any and all curbside mail receptacles installed or replaced after the effective date of this policy comply with the following safety design requirements:
A wooden support no larger than 4 x 4 inches or a 2 inch diameter standard steel or aluminum pipe; and
Such post shall be buried no more than 24 inches deep to ensure that the post is able to give way in the event of a collision; and
There shall be no potentially dangerous materials used in erecting a receptacle, such as concrete, brick, stone or any other hard/inflexible substances.
Section 2: Exception to Aforesaid Mailbox Safety Requirement:
In keeping with the safety requirements of the POM and the Federal Highway Administration, an exception or variance from the curbside mailbox safety requirements stated in Section 1 above shall be granted upon an applicant’s having obtained written pre-approval from the Postmaster for a varying design and having tendered proof of the same to the McCracken County Judge/Executive’s Office.
Section 3: Reimbursement for Damage to Curbside Mailbox Receptacles:
It is the County’s policy to fully compensate and reimburse citizens for damage to their property that is caused by authorized agents of the County performing in the course and scope of their duties. In the event of damage to a curbside mailbox receptacle, regardless of its original design and construction materials, the County’s duty to compensate and reimburse the aggrieved party shall be limited to an amount equivalent to the cost of replacing a curbside mail receptacle that fully complies with the requirements set forth in Section 1 above.
(Ord. passed 11-27-2017)
WHEREAS, all policy related decisions of McCracken County, Kentucky (hereinafter “County”) are guided by its duty to safeguard and provide for the health, safety and welfare of the citizens;
WHEREAS, the County has a direct interest in the mutual infrastructural benefits to the County as well as the citizens of sound water control measures and desires to share duties with the citizens in the efforts of controlling water via proper installation of approved culverts;
NOW THEREFORE, it is presently the intent of the County to accept, adopt and enforce the following policy concerning culvert installation and replacement within the jurisdictional boundaries of the County as stated herein:
Section 1: New Construction Culvert Installation.
a. The property owner shall contact the McCracken County Road Department to obtain and complete a culvert installation/replacement application wherein all information pertinent to the culvert installation/replacement request shall be communicated.
b. The property owner shall obtain an entrance permit from the McCracken County Building and Electrical Department at no cost.
c. The property owner is responsible for marking the proposed location of the driveway/culvert so that the McCracken County Engineer can review the sight distance and proper sizing of the culvert may proceed.
d. Sizing will be conducted by the McCracken County Engineer utilizing acceptable engineering practices and taking into consideration the constraints of right of way, the extent of downstream grading required, finished floor elevation of proposed residential structures and existing structures and the overall lay of the land for the best end result.
e. The property owner is responsible for furnishing the culvert pipe based upon the specifications made by the McCracken County Engineer.
f. The McCracken County Road Department is responsible for the installation of the culvert as specified by the McCracken County Engineer. The McCracken County Road Department shall be responsible for the routine cleaning of the culvert channel. Any other maintenance shall be the responsibility of the property owner.
Section 2: Replacement of Culverts Installed Prior to Adoption of this Policy.
a. The property owner shall contact the McCracken County Road Department to obtain and complete a culvert installation/replacement application wherein all information pertinent to the culvert installation/replacement request shall be communicated.
b. The property owner shall obtain an entrance permit from the McCracken County Building and Electrical Department at no cost.
c. Evaluation of the necessity of replacement and the individual culvert sizing will be conducted by the McCracken County Engineer utilizing acceptable engineering practices and taking into consideration the constraints of right of way, the extent of downstream grading required, finished floor elevation of proposed residential structures and existing structures and the overall lay of the land for the best end result.
d. The property owner is responsible for furnishing the culvert pipe based upon the specifications made by the McCracken County Engineer.
e. If the McCracken County Engineer determines that the culvert requires replacement, the McCracken County Road Department is responsible for the removal of the existing culvert and the installation of the new culvert as specified by the McCracken County Engineer. The McCracken County Road Department’s installation responsibility expressly excludes the replacement of the final surface (i.e. asphalt, concrete, etc.). Final surface replacement is the responsibility of the property owner.
f. The McCracken County Road Department shall be responsible for the routine cleaning of the culvert channel. Any other maintenance shall be the responsibility of the property owner.
g. In the event the McCracken County Engineer determines that a specific culvert does not need to be replaced, the McCracken County Road Department shall have responsibility to do so. However, the property owner may move forward with replacement or resetting of the culvert himself or via licensed contractor at the sole expense of the property owner and pursuant to the specifications required by the McCracken County Engineer.
(Ord. passed 11-27-2017)
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