Wells v. Kentucky Local Correctional Facilities Construction Authority

730 S.W.2d 951, 28 Wage & Hour Cas. (BNA) 1008, 1987 Ky. App. LEXIS 499
CourtCourt of Appeals of Kentucky
DecidedJune 5, 1987
StatusPublished
Cited by6 cases

This text of 730 S.W.2d 951 (Wells v. Kentucky Local Correctional Facilities Construction Authority) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wells v. Kentucky Local Correctional Facilities Construction Authority, 730 S.W.2d 951, 28 Wage & Hour Cas. (BNA) 1008, 1987 Ky. App. LEXIS 499 (Ky. Ct. App. 1987).

Opinion

LESTER, Judge.

This is an appeal from a declaratory judgment determining that revenue generated by the sale of bonds by the Kentucky Local Correctional Facilities Construction Authority to construct detention facilities are not state funds, thus eliminating the application of the prevailing wage law to the construction contract.

We find it difficult to improve upon the Findings of Fact and Conclusions of Law as set forth by the trial court, so we adopt them as our own, to wit:

[953]*953MEMORANDUM OF FACTS
The Kentucky Local Correctional Facilities Construction Authority (the “Authority”) filed this Declaratory Judgment action pursuant to Section 418.040 of the Kentucky Revised Statutes as amended (“KRS”), seeking a final and binding declaration of rights that the Fulton County Jail project and all other jail projects similarly funded with proceeds of the bonds (the “projects”) are exempt from the prevailing wage rate provisions of KRS Chapter 337 (the “Prevailing Wage Law”).
The Secretary of the Kentucky Labor Cabinet and Commissioner of Workplace Standards is required by KRS Chapter 337 to establish and administer a prevailing rate of wages for each locality where physical work on public works is to be performed. Every contract executed between a public authority and the successful bidder or contract for a public work must contain a provision requiring the successful bidder, and all of its subcontractors to pay no less than the established prevailing rate of wages. The term “public works”, as defined in KRS 337.010(3)(e), does not include construction conducted by a county “unless such construction is financed with fifty percent (50%) or more of state funds.”
KRS 441.625(1) created the Authority to act for the public benefit by providing “an additional and alternative method of constructing, reconstructing, improving or repairing and financing jails and appurtenant facilities for any local government in this state.” In addition, KRS 441.625(3), the Authority is authorized to issue revenue bonds, “payable solely from the revenues, rentals, and other funding pledged for their payments” to pay any part of the cost of any jail project which meets the required standards.
The Authority in 1984, issued bonds to aid Fulton County and other local governments in financing the construction, reconstruction, improvements of repair of their jails. Proceeds from the sale of the bonds were deposited in trust accounts at First National Bank of Louisville (“FNB”), such funds to be disbursed to the counties as needed for the projects. There are two types of financial aid to participating counties contemplated under this plan of financing — outright grants and loans. Each participating county will receive a grant. In addition, each county is required to provide a portion of the funds required. Under certain circumstances, a county may borrow all or a portion of its required contribution from the proceeds of these bonds. Approximately one-third (Vs) of the proceeds of the bonds are to be used to make loans to various counties. Each county that borrows money under this project must enter into a “Lease and Participation Agreement” with the Authority and make rental payments thereunder.
The main sources of the repayment of the bonds, the proceeds of which are used to refund the grants and the loan to participating counties, are monies collected for the benefit of the Authority as court costs under KRS 24A.175(6) and rental payments made under the Lease and Participating Agreements. The court costs are deposited in the State Treasury and invested by the Authority until the last business days of April and October when the money is transferred to FNB, the Trustee.
The estimated cost of the Fulton County project located in Hickman, Kentucky, is $606,500. Fulton County’s share of the cost of the project is $242,600. Fulton County will contribute the land, which has a $20,000 value, and will borrow the remaining $222,600 from the bond proceeds under a Lease and Participation Agreement. All rental payments thereunder will be made directly to FNB. The balance of the costs, $363,900 will be contributed by the Authority.
The proceeds of the bonds are used to finance the projects of various counties, partially through loans. The bulk of the security for the repayment of the bonds are the court costs and the rental payments received from the counties. There is no doubt the court costs and rental [954]*954payments for repayment of the bonds are “State Funds”. The issue here, however, deals with the proceeds of the Revenue Bonds.
The county, in which the project is located, contracts for the construction of each project. Each county is solely responsible for the acquisition, design, and construction of the project. In addition, each county covenants to complete its project and to pay cost overruns which may occur. (Section 301 and 5.04 of the Lease and Participation Agreement).
FINDINGS OF FACT
1. The plaintiff instituted this Declaratory Judgment pursuant to KRS 418.-040 for the purpose of obtaining a final and binding declaration of rights.
2. The Fulton County Jail project and all other jail projects similarly funded with the proceeds of a $32,310,000 Kentucky Local Correctional Facilities Construction Authority Multi-County Correctional Facilities Revenue Bonds, Series 1984, dated October of 1984 (“Bonds”) issued by the Authority are not subject to the Prevailing Wage Rate Laws, as the same Revenue Bonds are sold to various individuals and organizations and invested, with the proceeds paid directly to the Authority or the Trustee FNB and at no time are these proceeds involved with the Kentucky State Treasury or any state agency. The proceeds from the sale of these bonds were deposited directly in trust accounts at FNB and such funds were to be disbursed only to the counties as needed for the various projects.
3. The Fulton County project consisting of $606,500, except for Fulton’s contribution in-kind of the land, are monies used to finance the construction of the project and are derived from the bond proceeds received by FNB upon the sale of the bonds.
4. Fulton County contracted with Adams Construction Company for construction of the jail project for a fixed contract sum $537,828), which did not include any allowance for wage rates of employees of the contractor and/or workmen employed by the contractor’s subcontractors. The Authority was not a party to this contract.
5. Prior to bidding the project the contractor contacted the architect for Fulton County and inquired if the Prevailing Wage Laws applied to the project. He was told that it did not apply.
6.

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Bluebook (online)
730 S.W.2d 951, 28 Wage & Hour Cas. (BNA) 1008, 1987 Ky. App. LEXIS 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-kentucky-local-correctional-facilities-construction-authority-kyctapp-1987.