HomeMy WebLinkAbout2010-11-7752ORDINANCE NO. 2010-11-7752
AN ORDINANCE AMENDING ORDINANCE NO. 2008-10-7467,
DIVISION 16, "PADUCAH RIVERFRONT DEVELOPMENT AUTHORITY," OF
CHAPTER 2, ADMINISTRATION OF THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY, THE PURPOSE OF WHICH IS TO CLARIFY THE
ROLE OF THE PADUCAH RIVERFRONT DEVELOPMENT AUTHORITY IS TO
HEREAFTER FULFILL
WHEREAS, on or about October 14, 2008, the Board of Commissioners
of the City of Paducah enacted Ordinance No. 2008-10-7467; and
WHEREAS, the Board of Commissioners now desire to adopt this
amending ordinance to clarify the role of the Paducah Riverfront Development Authority
is to hereafter fulfill.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. Creation of development authority. That Section 2-577,
"Creation of Development Authority," of Chapter 2, Administration, of the Code of
Ordinances of the City of Paducah, Kentucky; is hereby amended to read as follows:
"Pursuant to the needs of KRS 65 inclusive, Tthere is hereby authorized,
created, and established a City, an agency to be known by the name of the "Paducah
Riverfront Development Authority" (agency), who shall assist and advise the Cily in the
conduct of public affairs as more specifically set forth in Section 3 hereafter. Said agency
shall exist with the powers, duties, and functions hereinafter or otherwise provided by
ordinances, resolutions or motions duly adopted by the City Commission. statute.
SECTION 2. Membership; appointment; term; and reimbursement of
expenses. That Section 2-578, "Membership; appointment; term; and reimbursement of
expenses," of Chapter 2, Administration, of the Code of Ordinances of the City of
Paducah, Kentucky; is hereby amended to read as follows:
"Upon the date of the creation of the development agency, or within a
reasonable time thereafter, the mayor shall appoint, with the approval of a majority of the
city board of commissioners, seven (7) citizens as members of the agency, each of whom
shall bear the title of commissioner and shall constitute, with the other commissioners, a
board of commissioners of said agency. Up to one (1) member may be selected from the
city of Paducah board of commissions. The commissioners initially designated shall serve
one (1) for a term of one (1) year, two (2) for a term of two (2) years, two (2) for a term
of three (3) years, and two (2) for a term of four (4) years, the length of said terms to be
noted by the mayor in the written document making each of said appointments. Upon the
expiration or vacancyin term, the board of directors of the agency shall submit to the
Mayor, a list namingtree qualified individuals who they, by majority vote, recommend
to fill the expiring term. The Mayor shall select one name from the list to appoint and
submit same to the City Commission for approval. Thereafter, a member shall be
appointed for the term of office of four years except that all vacancies occurring during a
term shall be filled for the unexpired term. Thereafter- ,, i er-s shall be appointed
afoi:esaid f6r a term of offiee of feur- (4) years, exeept that all vaeaneies aeeiiffing during
a tefm shall be filled for- the A commissioner shall hold office until his
successor has been appointed and qualified. The mayor or his designee shall be an ex
officio nonvoting member of the agency. Commissioners shall serve without
compensation but shall be reimbursed for any actual and necessary expenses incurred by
them in the conduct of the affairs of the agency."
SECTION 3. Mission. That this section is hereby created as part of
Chapter 2, Administration, of Division 16, Paducah Riverfront Development Authority,
of the Code of Ordinances of the City of Paducah, Kentucky; and is read as follows:
(a) The mission of the agency shall be to assist and advise the City
Commission in the development of civic projects and development plans which are
intended to generate, revitalize, improve andeg_nerally enhance community areas,
including, but not limited to Downtown, Lowertown, the Renaissance Area Master Plan
as currently being prepared by City Visions Associates and the Paducah Riverfront.
Projects more specifically contemplated to be a charge to the agency are: (1) the
development of a tax increment financing district; (2) the preparation of a Request for
Proposals for the property formerly known as the Executive Inn, including assistingin the
selection of the best proposal and oversight of the project until completion; (3) assisting
in the on-going planning and implementation of the Renaissance Area Master Plan and
the Paducah Riverfront Project; (4) developing and/or implementingstrategic plans
which will impact compliment or enhance projects and areas falling within its Mission
and (5) undertaking roles in such other municipal projects or planning as the agency may
agree to undertake.
(b) The agency shall be given the cooperation and support of the City
in accomplishing its Mission. The agency shall be given the latitude to perform its
Mission in an independent and non-partisan environment. All final reports made by the
Agency to the City shall be subject to the Open Records Act of Kentucky.
SECTION -3 4. Officers; powers; removal procedure. That Section 2-
579, "Officers, powers; removal procedure," of Chapter 2, Administration, of the Code of
Ordinances of the City of Paducah, Kentucky; is hereby amended to read as follows:
"The agency shall elect a chairman and a vice chairman from among the
members of its board of commissioners. The term of office of each of said officers,
unless otherwise prescribed by the agency, shall be for the calendar year or for that
portion thereof remaining after each such officer is designated or elected. Other officers
may be selected without regard to membership on the board of commissioners. The
powers and duties of all officers shall be established by bylaws adopted by thea enc
board board of .r -s, subjeet to approval, .fnendme nt or me. ifieatie by the
goveming boar's. The powers of the agency shall be designated by ordinances or other
official actions of the Citv Commission. all as may be amended from time to time. Due
to vested in the eemmissioners appointed as members el- the bear -El el eammissioner-S. P 0
inefficiency or neglect of duty including failure to regularly attend or misconduct in
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office, a commissioner may be removed by the Mayor, with approval of the city board of
commissioners."
SECTION 4 5. Disclosure. That Section 2-580, "Disclosure," of the
Code of Ordinances of the City of Paducah, Kentucky; is hereby amended to read as
follows:
"No officer, employee or consultant of an agency, who in the course of his
duties is required to participate in the formulation of plans or policies for the development of
a project area, or in the implementation of such plans or policies, shall acquire any interest in
any property to be included within a project area. If any such officer, employee or consultant
owns or has or seeks to establish a financial interest, directly or indirectly, in any property to
be included within such a project area, they shall immediately disclose, in writing, such
interest to the board of commissioners of the agency, and such disclosure shall be entered in
the minutes of the board of commissioners. Failure to so disclose such interest shall maybe
grounds for removal from the agency board. eonsfitu4e miseon uet in effiee. No payment
shall be made to any commissioner or officer of an agency for any property or interest therein
acquired by the agency from such commissioner or officer unless such payment is
unanimously approved by the board of commissioners at public meetings of said boards
subsequent to the meeting at which the interest in property has been disclosed in writing."
SECTION -56. Appropriation and receipt of funds. That Section 2-581,
"Appropriation and receipt of funds," of Chapter 2, Administration, of the Code of
Ordinances of the City of Paducah, Kentucky; is hereby amended to read as follows:
"The board of commissioners of the agency is authorized to annually
request and receive, and the City of Paducah, is authorized to annually appropriate, such
amounts of money as may be necessary for the administrative purposes of the agency,
which may include payments to staff and consultants for research, various studies and
surveys, designation of project areas, preparation of development plans, estimates of the
cost of acquisition, clearance, renovation, rehabilitation, improvement of project areas,
and payments for architectural, engineering, legal and financial advisory services and
other administrative expenses deemed necessary by the board of commissioners. The
board of commissioners is also authorized to request and receive, and the governing
board of the city is authorized to appropriate, moneys necessary to meet any contractual
commitments made by the city to the agency for any project undertaken by agreement
between the city and the agency."
SECTION g 7. Powers of agency. That Section 2-582, "Powers of
Agency," of Chapter 2, Administration, of the Code of Ordinances of the City of
Paducah, Kentucky; is hereby amended to read as follows:
"The Paducah Riverfront Development Authority shall possess such
powers as may be reasonably necessary to carry out its Mission including the adoption of
governing bylaws and applicable operating policies, which are not inconsistent with this
ordinance or law. the f flew ng powers.! Specifically it may:
i. The ageney shall eenstitute a publie-hedy eer-per-a4e- and poli -tie,
ex—e—ing publie and essential ffinetions, and shall have all of the powers neeessaipy an
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stied;convenient to eafr-5, out and effeetuate the pufpeses and pr-ovisions of this er-dina-nee, as well.
for-egoing, the fellowing powers in addition to other pov�,er-s gfanted herein and by ot
a. To stie and be ;
other- insti=uments neeessafyor- eenvenientpowefs;
b. To make,-1"'arni-4om-time to time amend card repeal bylaY',s,, rules,powers and pur-poses uiru
>subjeet to approval,amendment,
OF
C. (aL�o select and appoint such officers, agents, counsel, and
employees, permanent and temporary, as it may require, and determine their
qualifications, duties, and compensation, subject, however, to the provisions
of its budget;
d. (b) :Within tsjufisdietien, an for the purpose of fulfilling its
Mission it may, all in the name of the City of Paducah, develop, developing a
project area or areas, to purchase, lease, obtain option upon, acquire by gift,
grant, bequest, devise, or otherwise, any real or personal property or any
interest therein, together with any improvements thereon; to clear any and all
buildings, structures, or other improvements from any real property so
acquired; to renovate or rehabilitate any improvements to such real property
so acquired and to dispose of any personal property resulting therefrom; to
sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by
mortgage, deed of trust or otherwise, or otherwise to dispose of any real or
personal property or any interest therein at its fair value for uses in
accordance with the development plan, irrespective of the cost of acquiring
and preparing said property; to insure or provide for the insurance of any real
or personal property or operation of the agency against risks or hazards; and
pursuant to the provisions, to rent, maintain, manage, operate, and repair such
real property and any improvements thereto;
e. (c) Tete Recommend that lessees or purchasers of land
acquired in a project:
i. to use such land for the purpose designated in the
development plan; and
ii. to begin the building of specified improvements or
renovation of existing improvement within a period of
time which the agency fixes as reasonable; and
iii. to comply with such other conditions as in the opinion
of the agency are necessary to carry out the purposes
of the agency, by provision in the contract, deed, or
lease may make any of the purchaser's obligations,
covenants or conditions running with the land, whose
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breach shall cause the fee to revert to the agency or
Qi1y ; and
iv. To exercise as approved by the City Commission, all powers
granted to governmental agencies under proposed legislation which deals with the use
of "tax increment" revenues and financing of public purpose projects through the use
thereof, and
inelusive;
V. The PRDA Board will be staffed by employees of the City of
Paducah. The PRDA Board shall be entitled to, and may, from time to time, recommend
specific staffing assignments to the City Manager. For all administrative purposes, PRDA
assigned employees will be and/or remain subject to city personnel policies and such other
regular benefits as provided to other city employees. The PRDA Board shall submit an
annual budget request to the City of Paducah and shall annually operate, unless expressly
approved by the City Commission, within the allocation of the budgeted sums. Once the
buegeted sum is approved for PRDA it may not be altered, except by a majority vote of the
City Commission."
g. v-- vi. To exercise all or any part or combination of general municipal
powers that are lawful and consistent with the authority and the powers herein
granted."
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SECTION 8 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 9 . 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
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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 10 . Conflicts. All ordinances, including Ordinance No.
2008-10-7467, 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 11 . Effective. This ordinance shall be read on two separate
days and will become effective upon summary publication pursuant to KRS Chapter 424.
A TEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners October 26, 2010
Adopted by the Board of Commissioners, November 9, 2010
Recorded by Tammara S. Brock, City Clerk, November 9, 2010
Published by The Paducah Sun, November 16, 2010
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