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HomeMy WebLinkAboutOrdinances Book 17, Page 484, Ordinance Number 71-3-443484 ORDINANCE NO. 71-3-443 AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF PADUCAH, KENTUCKY, FOR COOPERATION ON THE THIRD AMENDED URBAN RENEWAL PLAN FOR PROJECT NO. KY. R-30 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the Mayor and City Clerk be, and they are hereby, authorized to execute an agreement between the City of Paducah, Kentucky, and the Urban Renewal and Community Development Agency of Paducah, Kentucky, for cooperation on a Third Amended Urban Renewal Plan for Project No. Ky. R-30, in words and figures as follows: THIRD AMENDMENT AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE URBAN RENEWAL AND COMMUNITY DEVELOPMENT AGENCY OF PADUCAH, KENTUCKY THIS AGREEMENT, entered into this day of 19 by and between the Urban Renewal and Community Development Agency of Paducah, Kentucky, a body corporate and politic under the laws of the State of Kentucky (herein referred to as the "Agency") and the City of Paducah, a municipal corporation of the State of Kentucky (herein called the "City"). WHEREAS, by resolution adopted on October 28, 1965 the Board of Commis- sioners of the City of Paducah, Kentucky, approved an Urban Renewal Plan pro- posed by the Agency for the City of Paducah, known as the "Downtown Civic Center" Urban Renewal Area, Project No. Kentucky R-30; and WHEREAS, by resolution adopted on January 3, 1967, the Board of Commis- sioners of the City of Paducah, Kentucky authorized the Urban Renewal and Community Development Agency to submit an Amended Urban Renewal Plan for Project No. U. R. Kentucky R-30; and WHEREAS, by resolution adopted on July 14, 1970, the Board of Commis- sioners of the City of Paducah authorized the Urban Renewal and Community Development Agency to submit a second Amended Urban Renewal Plan for Project No. Kentucky R-30; and WHEREAS, by resolution adopted July 14, 1970, the Board of Commis- sioners of the City of Paducah authorized the Urban Renewal and Community Development Agency to submit a third amended Urban Renewal plan for Project No. Kentucky R-30; and WHEREAS, said Plan contemplated the acquisition and clearance by the Agency of the Project Area as shown in said amended Urban Renewal Plan and the re -use and/or sale of various portions thereof for the uses indicated, all of which uses have been determined by the City to be in accordance with the General Plan for the City as a whole, and in accordance with certain definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, and other public improvements, as in said Plan and resolution set forth; and WHEREAS, in order for the Agency to effectuate said Plan the assistance both the Federal Government and the City is required, namely, of the Federal Government by lending funds needed to defray the gross cost of the Project, and upon completion of the Project and repayment of such loan by contributing three-fourths (3/4) of the net cost of the Project; and of the City, by making certain local grants-in-aid (as specified by Title I of the Housing Act of 1949 as amended), as hereinafter provided, in a total amount equal to at least one- fourth (1/4) of the net cost of the Project; and A, WHEREAS, the Agency has applied to the Federal Government for financial assistance under said Title I, and it now devolves upon the City to take certain actions and to provide certain grants-in-aid which are estimated, on the basis of surveys and plans heretofore made by the commission, to be re- quired in the total amount of $576,087. NOW THEREFORE, pursuant to Kentucky Revised Statutes, Section 99.330, et. seq., and in consideration of the benefits to accrue to the City and its citizens from the Urban Renewal Project, and of,the covenants hereinafter set forth; and the Commission and the City do agree as follows: SECTION I. In order to assist the Local Public Agency in the undertaking of the project, the City agrees to make grants-in-aid as follows: (a) Cash Grants -in -Aid. The City of Paducah authorizes the Local Public Agency to transfer, and there has been.transferred, the amount of $123,907 from the Urban Renewal and Community Develop- ment Agency Local Contribution Account to the appropriate Project Ky. R-30 account. (b) Demolition and Removal Work. To perform or cause to be performed certain demolition and removal work as required under the Amended Urban Renewal Plan at the currently estimated cost of $18,289. (c) Site Improvements. To construct or cause to be constructed in accordance with a mutually agreeable schedule, and as required in the execution of the Amended Urban Renewal Plan, the following site improvements: The -foregoing amount of estimated local grant-in-aid shall be subject to adjustment at such time as sufficient progress has been made to determine the actual cost of the facility. The percentage of .the eligibility of the facility shall be subject to change if significant facts upon which the determination was based were in error, or there has been a change in (1) the Amended Urban Renewal Plan; (2) the type, size or capacity of the facility, or; (3) the boundaries of the area to be served by the facility. 485 Eligible Total Project Ineligible Cost Cost Cost Street Paving $ 16,382 $ 16,382 $ 0 Sewers 1,770 1,770 0 Electrical Dist. 53,090 41,390 11,700 Subtotal $ 71,242 $ 59,542 $ 11,700 Eng. & Cont. 5,309 4,139 1,170 Total $ 76,551 $ 63,681 $ 12,870 (d) Supporting Facilities. To construct the following supporting facilities, essential to the project in accordance with a mutually agreeable schedule and as required by the Amended Urban Renewal Plan to which the following estimates are applicable: Total Eligible Cost % Project Cost Parking Areas: Block 1 120,453 12.6 15,177 Block 7 72,936 100 72,936 Block 10 97,500 100 97,500 Subtotal $290,889 $185,599 Elec. Dist. Adj. 2,530 100 2,530 Sidewalk, Curb & 4,029 50 2,015 gutters, catch basin Total $297,448 $190,144 The -foregoing amount of estimated local grant-in-aid shall be subject to adjustment at such time as sufficient progress has been made to determine the actual cost of the facility. The percentage of .the eligibility of the facility shall be subject to change if significant facts upon which the determination was based were in error, or there has been a change in (1) the Amended Urban Renewal Plan; (2) the type, size or capacity of the facility, or; (3) the boundaries of the area to be served by the facility. 485 486 (e) In addition to the foregoing, the City further agrees to furnish, or cause to be furnished, all ineligible costs of site improvements undertaken by the Agency, which ineligible costs are estimated to be $66,701. It is understood and agreed that the City's obligation hereunder is to make cash or non-cash grants-in-aid in a total amount equal to one-fourth (1/4) of the actual net cost of the project, and that the amounts payable by the City to the Agency as hereinabove set forth are based on estimates and that if the total actual net cost of the project (as determined by the Agency in accordance with its contract with the Federal Government is greater or less than the total estimated net cost of the Project, the amount of cash payments to be made by the City of the Agency, as provided above in Section I, shall be appropriately adjusted. SECTION II. Ineligible Portions of Street Right-of-way. The City agrees to purchase frim the Agency at a price equal to their fair value, and the Agency agrees to convey at a mutually agreeable time, the following described strips of land to be used as a right-of-way for the widening of certain streets noted below; and the City agrees to pay to the Agency prior to the award of a construction contract an amount equal to 50% of the estimated cost of the construction of street improvements within the perimeter portion of these same streets, this amount to be adjusted upon completion of the work to 50% of actual cost. The City further agrees to purchase from the Agency any other street right-of-way within the project area which is determined to be ineligible. 1. Block 4, Parcel 2, as designated on the Land Disposal Map, currently estimated to have a fair value of $507. 2. Block 5, Parcel 2, as designated on the Land Disposal Map, currently estimated to have a fair value of $500. 3. Block 5, Parcel 4, as designated on the Land Disposal Map, ;,L)rrently estimated to have a fair value of $700. SECTION III. Area for Public Use. The City agrees to purchase from the Agency at its fair value, and the Agency agrees to convey at a date within 30 days after written notice by the Agency that the land is available for sale, the areas set aside in the Amended Urban Renewal Plan for Public Use, designated as noted below on the project Land Disposal Map. Fair value shall be determined as set forth in the Urban Renewal Handbook, RHA 7214.1, Chapter 1, Section 1. The City further agrees to develop said sites in accordance with the Amended Urban Renewal.Plan within a reasonable time after acquisition of said land by the City from the Agency. 1. Block 1, Parcel 1, as designated on the Land Disposal Map, and having a fair market value of $90,000. 2. Block 1, Parcel 3A, as designated on the Land Disposal Map, and having a fair market value of $14,000. 3. Block 3, Parcel 1, as designated on the Land Disposal Map, and currently estimated to have a fair market value of $31,775. 4. Block 5, Parcel 1, as designated on the Land Disposal Map, and currently estimated to have a fair market value of $31,775. 5. Block 10, Parcel 1, as designated on the Land Disposal Map, and currently estimated to have a fair market value of $72,500. The City has conveyed Block 1, Parcel 3 (old City Hall and No. 1 Fire Station) and Block 1, Parcel 10 (Police Change Building and Parking Lot), and improvements thereon to the Agency for their fair market value of $171,000. Said has been deposited by the Agency in the Urban Renewal and Community De- velopment Agency Local Contribution Account and the City hereby authorizes the Agency to transfer from this account to the appropriate accounts of Project No. Ky. R-30 sums sufficient to meet the City's obligations as agreed and as 487 set out in Section I (b), (c), (d), (e), Section II, and Section III, item 2, and $17,500 of Item 3, hereof. It is acknowledged that the Agency has pre- viously conveyed Block 1, Parcel 1, and Block 5, Parcel 1, referred to in Sectic III items 1 and 4 thereof, to the City and said City has paid Agency the sum of $121,775 therefor. SECTION IV. The City agrees that at no cost or expense to the Agency, and upon the Agency's request, the City will, insofar as it can lawfully do so—vacate the streets, roads, alleys and other public way to be eliminated in preparing the Project Area for its new uses, as shown in the Amended Urban Renewal Plan. SECTION V. The Agency agrees that it will /convey to the City free of charge anyland acquired by the Agency and required for street purposes under the Amended Urban Renewal Plan, except those strips required for the widening of perimeter streets, which are ineligible for dedication and are noted in Section II above. SECTION VI. The City agrees to act with the Agency by taking such other lawful actions as may be determined by the City and the Agency to.be necessary and desirable in connection with the undertaking and carrying out of the Project. SECTION VII. The Board of Commissioners of the City of Paducah recognizes that Title VI of the Civil Rights Act of 1964 and the regulations and policies of the Depart- ment of Housing and Urban Development effectuating the Title prohibit dis- crimination on the ground of race, color or national origin in the policies and practices of any public facility, educational institutiony•or hospital respon- sible for proposed credit to the locality's share of the cost of any urban renewal project receiving financial assistance from the United States. The Board of Commissioners hereby assures the United States and the Department of Housing and Urban Development Administrator that the proposed public facilities to be provided under Section I above will be available.to and serve all persons without regard to race, color or national origin. It is further understood and agreed that in order for the -City to receive non-cash credits under items I (c) and I (d) above, the Agency shall obtain and submit with each application for such non-cash credit satisfactory assurances that each such public facility proposed as a Non -Cash Local Grant -in -Aid will be operated on a non-discriminatory basis. SECTION VIII. The City agrees to hold the Agency harmless with respect to any claims for personal injury and/or death, or property damage arising from any opera- tions carried on by the City in connection with the Project. SECTION IX: This Agreement shall be executed in five counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument." SECTION 2. An emergency is declared:to exist and -this ordinance shall therefore be introduced and remain on file for.at least one (1) week for public inspection in the completed form in which it shall be put upon its final passa and if adopted shall be in full force and effect immediately thereafter. Mayor Introduced by the Board of Commissioners February 23, 1971 Passed by the Board of Commissioners March 9, 1971 Recorded by Sarah Thurman, City Clerk, March 9, 1971.