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HomeMy WebLinkAbout2007-11-7365M ORDINANCE NO. 2007-11-7365 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE COUNTY OF MCCRACKEN, KENTUCKY WITH RESPECT TO THE FINANCING OF PUBLIC f PROJECTS, AND AUTHORIZING THE WHEREAS, under the Interlocal Cooperation Act, Section 65.210 to 65.300, inclusive, of the Kentucky Revised Statutes, as amended, any power or powers, privileges or authority exercised or capable of exercise by a public authority (including a City, a County or any other political subdivision of the Commonwealth), may be exercised jointly with another public agency under an agreement (an "Interlocal Cooperation Agreement") for joint or cooperative action pursuant to provision of the Act: and WHEREAS, on February 13, 2006, the City and County executed an Economic Development Revenue Sharing Agree that sets out procedures for sharing tax revenues when the City and County share the cost of providing economic development incentives to new business; and WHEREAS, Southland Renewal Fuels has announced plans to construct a bio - diesel manufacturing operation in the Riverport West Industrial Park; and WHEREAS, Southland Renewable Fuels, GPEDC, the Paducah/McCracken County Riverport Authority, the City and the County have signed a Memo of Understanding ("MOU") offering financial and real estate incentives to Southland Renewable Fuels in exchange for their commitment to construct their bio -diesel plan with an initial investment of $25 million and an initial employment of at least 25 employee; and WHEREAS, the real estate where the plant will be constructed was contributed for economic development purposes by the City's Water Company through the Riverport Authority. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The City hereby approves the Interlocal Cooperation Agreement between the City and the County (the "Interlocal Agreement") in substantially the form attached hereto as Exhibit A and made a part hereof. It is hereby found and determined that the Interlocal Agreement is to be entered into in furtherance of proper public purposes of the City and in accordance with the provisions of the Interlocal Act. It is further determined that it is necessary and desirable and in the best interests of the City to enter into the Interlocal Agreement for the purposes therein specified, and the execution and delivery of the Interlocal Agreement is hereby authorized and approved. The Mayor and Clerk of the City are hereby authorized to execute the Interlocal Agreement, together with such other agreements, instruments or certifications which may be necessary to accomplish the transactions contemplated by the Interlocal Agreement with such changes in the Interlocal Agreement not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the officials executing the same on behalf of the City. The approval of such changes by said officials, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of such Interlocal Agreement by such officials. 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. This City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City L•• 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 Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. Effective Date. This ordinance shall become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners November 13, 2007 Adopted by the Board of Commissioners November 27, 2007 Recorded by Tammara S. Brock, City Clerk, November 27, 2007 Published by The Paducah Sun, December 1, 2007 \ord\Incentive Agree w -county (biodiesel) CERTIFICATION I hereby certify that the above is a true and correct copy of an ordinance adopted by the City of Paducah, Kentucky on November 27, 2007. 2 Tammara S. Brock, City Clerk