HomeMy WebLinkAbout2005-11-7040571
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ORDINANCE NO. 2005-11-7040
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERLOCAL COOPERTIVE AGREEMENT AMONG THE CITY
OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN,
KENTUCKY, AND THE PADUCAH-MCCRACKEN COUNTY
RIVERPORT AUTHORITY
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WHEREAS, the City of Paducah, Kentucky (the "City"), in conjunction with the County of
McCracken, Kentucky (the "County"), desires to assist the Paducah -McCracken County Riverport
Authority (the "Riverport"), a body corporate and politic created by the ordinances of the City of
Paducah, Kentucky, and McCracken County, Kentucky pursuant to authority granted by the legislature of
the Commonwealth of Kentucky in KRS 65.510, et. seq., in the purchase of a certain tract of real property
located at 2308 South 4`" Street, Paducah, Kentucky, together with all improvements, fixtures and
appurtenant property rights, privileges, fleeting, and riparian rights thereto, (the "Property"), having
determined that it is necessary and desirable to do so in order to foster economic development along the
river within the City and County and to promote the development of a skilled workforce, all to the benefit
of the citizens and residents of the City and County; and
WHEREAS, The City and the County of McCracken, Kentucky (the "County") have further
determined that to accomplish such public purposes that the City and the County must proceed at this
time to provide financing to the Riverport in order to enable the Riverport to purchase the Property under
a common plan of finance by the City, the County, and the Riverport; and
WHEREAS, pursuant to Sections 65.210 to 65.300, inclusive, of the Kentucky Revised Statutes,
as amended (the "Interlocal Act"), the City and the County may join together to accomplish what each
may accomplish individually; and
WHEREAS, as a result to the foregoing findings, the City and the County have determined that it
is advantageous and in the best interests of the inhabitants of the City and the County that the City, the
County, and the Riverport proceed to undertake the acquisition and financing of the Property in the most
cost effective manner pursuant to the Interlocal Cooperative Agreement and the Interlocal Act; and
WHEREAS, under this agreement the Riverport shall own the Property and shall maintain it and
promote its use for economic development along the river; the City, in conjunction with, the County and
the Riverport will each contribute up to $400,000.00 toward the purchase price of the Property; and the
Riverport will repay the contributions of the City and County over a fixed term; and
WHEREAS, the City, the County, and the Riverport now wish to establish their respective rights
and duties in connection with the purchase of the Property and memorialize their agreement.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
PADUCAH, KENTUCKY, AS FOLLOWS:
Section 1. The City of Paducah, Kentucky, hereby approves the Interlocal Cooperative
Agreement between the City of Paducah, Kentucky, the County of McCracken, Kentucky, and the
Paducah -McCracken County Riverport Authority. It is hereby found and determined that the Interlocal
Cooperative Agreement furthers the public purposes of the City and it is in the best interest of the
citizens, residents and inhabitants of the City that the City enter into the Interlocal Cooperative
Agreement for the purposes therein specified and the execution and delivery of the Interlocal Cooperative
Agreement is hereby authorized and approved. The Mayor and the City Clerk of the City of Paducah are
hereby authorized to execute the Interlocal Cooperative Agreement, together with such other agreements,
instruments or certifications which may be necessary to accomplish the transaction contemplated by the
Interlocal Cooperative Agreement with such changes in the Interlocal Cooperative 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 Cooperative 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.
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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 this 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 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 be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST: X'-
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, November 15, 2005
Adopted by the Board of Commissioners, November 22, 2005
Recorded by City Clerk, November 22, 2005
Published by The Paducah Sun, November 30, 2005
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