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HomeMy WebLinkAbout2022-02-8722236615 ORDINANCE NO. 2022-02-8722 AN ORDINANCE APPROVING THE SALE AND TRANSFER OF MUNICIPALLY OWNED SURPLUS REAL PROPERTY HELD FOR THE BENEFIT OF PADUCAH WATER, LOCATED AT 6071 CLINTON ROAD, PADUCAH, MCCRACKEN COUNTY, KENTUCKY; AND AUTHORIZING THE EXECUTION OF A DEED OF CONVEYANCE WHEREAS, certain real property generally located at 6071 Clinton Road, Paducah, Kentucky, was originally purchased by the Massac Water Association, Inc., and subsequently conveyed to the City of Paducah, Kentucky, for the use and benefit of the Commissioners of WaterWorks of the City of Paducah, DBA Paducah Water ("Paducah Water") on February 4, 1988, in Deed Book 710, page 443, McCracken County Court Clerk's office; and WHEREAS, the subject property is located in McCracken County, Kentucky and is more particularly described on the attached Exhibit A (the "Property"); and WHEREAS, Paducah Water has determined that the Property is no longer necessary, appropriate, or in the best interests of the operations of the Paducah Water and that such property should be sold as surplus real estate, all as reflected in a resolution passed by the Commissioners of the Paducah Water Works on October 27, 2021; and WHEREAS, Paducah Water, with the approval of the City Manager, have determined the method of disposition shall be by sale at public auction; and WHEREAS, the Board of Commissioners of the City of Paducah concurs with Paducah Water and finds that the Property is surplus property and that sale of the Property by public auction is in the best interest of the City and Paducah Water. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: Section 1. Recitals and Authorizations. The Board of Commissioners hereby declares the Property to be surplus property as it relates to the operations of Paducah Water, in accordance with the Resolution of Paducah Water dated October 27, 2021. Section 2. Recitals and Authorizations. The Board of Commissioners hereby approves and instructs Paducah Water to dispose of the Property by public auction to the highest, qualified bidder in accordance with KRS 82.083. Section 3. Recitals and Authorizations. That the Mayor of the City of Paducah, Kentucky for the use and benefit of the Commissioners of Waterworks of the City of Paducah, DBA Paducah Water, be and is hereby authorized to execute and deliver a deed to the Property to the successful bidder and all other documentation necessary to effectuate the sale and transfer of the Property. Section 4. Recitals and Authorizations. All monies realized from the disposition of the Property shall be received by the City for the benefit of the Paducah Water and shall be remitted to the Paducah Water. Section 5. 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 6. 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 7. 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 8. Effective Date. This Ordinance shall b read on two separate days and will become effective upon summary publication to KRS Chapter 424. J, 'A — ayor George P. Bra ATTEST: l 0Lindsay Parish, City Clerk Introduced by the Board of Commissioners: February 8, 2022 Adopted by the Board of Commissioners: February 22, 2022 Recorded by Lindsay Parish, City Clerk: February 22, 2022 Published by The Paducah Sun: February 25, 2022 ORD/Paducah Water Surplus Property Sale — 6071 Clinton Road 2 EXHIBIT A LEGAL DESCRIPTION — 6071 Clinton Road, Paducah, KY 42001 Being a tract of land containing 0.64 acres as shown on Waiver of Subdivision for Paducah Water Works of record in Plat Section J, page 757, McCracken County Court Clerk's Office. Being the same property conveyed to The City of Paducah for the benefit and use of Paducah Water Works, by deed dated February 4, 1988 and recorded on February 10, 1988, in Deed Book 710, page 443, in the McCracken County Court Clerk's Office.