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MUNICIPAL ORDER NO. 1060
A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY
APPROVING AN ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS OF
PADUCAH-MCCRACKEN COUNTY INDUSTRIAL DEVELOPMENT
AUTHORITY ("AUTHORITY") UNDER AN ENGINEERING CONTRACT
BETWEEN AUTHORITY AND FARRIS McINTOSH & TREMPER, INC., WITH
T RESPECT TO A PUBLIC PROJECT, AND AUTHORIZING THE EXECUTION
OF VARIOUS DOCUMENTS RELATED TO SUCH ASSIGNMENT.
WHEREAS, the City of Paducah, Kentucky (the "City") has previously determined,
and hereby further determines, that is a public purpose to reduce unemployment in the City, to
increase the City's tax base, to foster economic development within the City and to promote the
development of a skilled workforce, all to the benefit of the citizens and residents of the City; and
WHEREAS, the City has further determined that it is necessary and desirable to
accomplish such public purposes that the City proceed at this time with the acquisition, construction
and installation of an approximately 100,000 square foot facility (the "Project"), which Project is to
be jointly owned by the City and the County of McCracken, Kentucky (the "County"); and
WHEREAS, in order to provide for the construction and installation of the Project it
is necessary and desirable that the City now authorize the execution of an Assignment of the
Engineering Contract (otherwise known as the Abbreviated Standard Form of Agreement Between
Owner and Architect, or AIA Document B151-1997) among the City, the County, and the Authority
with respect to the Project.
BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
Section 1. Recitals and Authorization. The City hereby approves the Assignment of
the Engineering Contract among the City, the County, and the Authority (the "Assignment") in
substantially the form attached hereto as Exhibit A and made part hereof. It is hereby found and
determined that the Project identified in the Assignment is public property to be used for public
purposes. It is further determined that it is necessary and desirable and in the best interests of the
City to enter into the Assignment for the purposes therein specified, and the execution of the
Assignment is hereby authorized and approved. The Mayor of the City is hereby authorized to
execute the Assignment, together with such other agreements, instruments or certifications which
may be necessary to accomplish the transaction contemplated by the Assignment with such changes
in the Assignment not inconsistent with this Municipal Order and not substantially adverse to the
City as may be approved by the official executing the same on behalf of the City. The approval of
such changes by said official, and that such are not substantially adverse to the City, shall be
conclusively evidenced by the execution of such Assignment by such official.
Section 2. Severability. If any section, paragraph or provision of this Municipal
Order 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
Municipal Order.
Section 3. Compliance With Open Meetings Laws. This City Commission hereby
finds and determines that all formal actions relative to the adoption of this Municipal Order 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 Municipal Orders, resolutions, orders or parts thereof in
conflict with the provisions of this Municipal Order are, to the extent of such conflict, hereby
repealed and the provisions of this Municipal Order shall prevail and be given effect.
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Section 5. Effective Date. This order shall be in full force and effect from and after
the date of its adoption. A
ATTEST: AILT—L
Tammara S. Brock, City Clerk
Adopted by the Board of Commissioners, May 4, 2004
Recorded by Tammara S. Brock, City Clerk, May 4, 2004
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CERTIFICATION
I hereby certify that the above is a true and correct copy of a municipal ordinance adopted by the City
of Paducah, Kentucky, on May 4, 2004.
Tammara S. Brock, City Clerk
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