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HomeMy WebLinkAbout2015-12-8337463 ORDINANCE NO. 2015-12-8337 AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN THE COMMONWEALTH OF KENTUCKY TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS AND THE CITY OF PADUCAH, KENTUCKY, FOR THE RIVERFRONT IMPROVEMENT PROJECT PHASE 1-B, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on May 19, 2015, Ordinance #2015-5-8238 was adopted authorizing the execution of an Agreement with the Commonwealth of Kentucky, Transportation Cabinet to reimburse the City of Paducah up to $3,920,000 of FHWA federal funds allocated for the "Paducah Waterfront Development," aka "Riverfront Redevelopment Project Phase 1-B." ; and WHEREAS, recently, the Commonwealth of Kentucky, Kentucky Transportation Cabinet, Department of Highways, announced that up to $1,525,000 additional reimbursable state funding was to be made available to the City for completion of the Riverfront Redevelopment Project Phase 1-B. Therefore, the total federal and state reimbursable funding provided to the City would amount to $5,445,000; and WHEREAS, in accordance with the Original Agreement and the Supplemental Agreement, the City will be reimbursed by the KYTC after the work has been completed in accordance with all FHWA and KYTC regulations, policies and procedures. Additionally, the City will be responsible for all costs in excess of $5,445,000 as well as any costs deemed ineligible by the KYTC; and WHEREAS, all other terms and conditions of the original contract approved by Ordinance #2015-5-8238 remain the same and are legally binding; and WHEREAS, the City of Paducah and the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways agree to Supplemental Agreement No. 1. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: Section 1. That the City of Paducah hereby approves and authorizes the Mayor to execute Supplemental Agreement No.1 with the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways for additional reimbursable funding in the amount of $1,525,000 for completion of the Riverfront Redevelopment Project Phase 1-B. 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. 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. -:, r q — - - r - I -- -- -1— f - - r-- — — — — .—,— .. — --r-- "- e,— 464 ., ---- "._--�=`- ,. .. =-----I ,--- 1 �_J_ I : I I i -- - III 12 1 1 k Y I I] 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: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, December 8, 2015 Adopted by the Board of Commissioners, December 15, 2015 Recorded by Tammara S. Sanderson, City Clerk, December 15, 2015 Published by The Paducah Sun, December 18, 2015 \ord\eng\agree-ky-supp 1—riverfront redevelopment project phase 1-B