HomeMy WebLinkAbout2014-12-8204176867
ORDINANCE NO. 2014-12-8204
AN ORDINANCE AUTHORIZING CREATION OF A SEPARATE
PROJECT ACCOUNT (PF0048) TO HOLD PROCEEDS FROM
THE OAK GROVE CEMETERY TRUST FOR DISBURSEMENT
FOR THE GENERAL CARE, MAINTENANCE AND
EMBELLISHMENT OF OAK GROVE CEMETERY
WHEREAS, on August 12, 2014, the Board of Commissioners of the City of Paducah,
Kentucky authorized Denton & Keuler, LLP to file a joint petition by the City of Paducah,
Kentucky and the Community Foundation of West Kentucky, Inc. (the "Community
Foundation") to dissolve a Perpetual Care and Maintenance Trust Fund Agreement with Peoples
First National Bank & Trust Company of Paducah, Kentucky, dated August 29, 1985 (the
"Trust"), of which the Community Foundation was serving as successor trustee; and
WHEREAS, On October 3, 2014, the McCracken Circuit Court entered an order granting
the joint petition by the City of Paducah, Kentucky and the Community Foundation seeking the
termination of the Trust; and
WHEREAS, pursuant to KRS 367.952(5), (6), the proceeds that the City of Paducah,
Kentucky receives as a result of the termination of the Trust must be deposited into a separate
project account to be used solely for general care, maintenance and embellishment of Oak Grove
Cemetery.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
Section 1. Recitals and Authorizations. Upon receipt of the proceeds from the
termination of the Trust, the City of Paducah shall deposit such proceeds in a separate project
account (PF0048) to be used only for general care, maintenance and embellishment of Oak Grove
Cemetery.
Section 2. Severability. If any section, paragraph or provision of this Ordinance shall be
held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
Section 3. Compliance with Open Meetings Laws. The City Commission hereby finds
and determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of the City Commission, and that all deliberations of this City Commission and of
its committees, if any, which resulted in formal action, were in meetings open to the public, in
full compliance with applicable legal requirements.
Section 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with
the provisions of this Order are, to the extent of such conflict, hereby repealed and the provisions
of this Order shall prevail and be given effect.
Section 5. Effective Date. This ordinance shall be read on two separate days and
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will become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, November 25, 2014
Adopted by the Board of Commissioners, December 9, 2014
Recorded by Tammara S. Sanderson, City Clerk, December 9, 2014
Published by The Paducah Sun, December 17, 2014
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