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Fiscal Court accepts $769K of road funds

November 08, 2007|Mike Wynn

The Clark County Fiscal Court approved an agreement with the state Transportation Cabinet on Wednesday to accept nearly $770,000 of surprise funding for local road resurfacing.

Gov. Ernie Fletcher announced last week that Clark County would receive the money when he stopped in Winchester during a campaign bus tour of the region.

County Judge-Executive Henry Branham said he was unaware of the earmark, which was drawn from the cabinet's discretionary fund, until the day of the announcement. Court members indicated Wednesday that they were uncertain that the county would actually receive the funds.

"We are going to overnight (the agreement) to them, and they're going to try to expedite the process, get (Secretary Bill Nighbert) to sign it, and get it back," Branham said, cautioning that the agreement wasn't final until it received the secretary's signature.

The funding, a total of $769,810, will pay for resurfacing on five roads that have been placed on the county's long-term road plan, including Miller Hunt Road, Big Stoner Road, Wills Rupard Road, Hibiscus Lane and Red River Road.

Since the announcement, the Allen Company of Winchester has already performed $300,000 of work on the roads without a payment contract.

Clark County Road Supervisor Kevin Wilson said the Allen Company began work on the roads against his and Branham's advice, and the Fiscal Court would not be held responsible to pay for the work if the state funding fell through. County officials should know by Monday if Nighbert signs the agreement, he said.

County Attorney Brian Thomas said he doesn't think the county would be exposed to any payment liability since the Allen Company was specifically told to hold off on work. But he said the "unjust enrichment" theory in contract law could be used as grounds for a suit.

"Do I think we have created a contract? - no," he said.

The road department's budget, which is entirely funded by the state, amounted to about $1.5 million this year. The Fiscal Court will have to amend the additional funding into the budget before it becomes available for use.

"I am very glad for it - our roads need it very badly," said Branham. "I feel fairly certain that we will get it."

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