HomeMy WebLinkAbout2008-3-7401585
97622
ORDINANCE NO. 2008-3-7401
AN ORDINANCE RESCINDING ORDINANCE NO. 2006-11-7214 AND
AUTHORIZING AND APPROVING THE TERMINATION OF AN OPTION TO
PURCHASE HELD IN FAVOR OF THE WILLIAM CLARK MARKET HOUSE MUSEUM
TO MUNICIPALLY OWNED PROPERTY LOCATED AT SOUTH 2ND STREET AND
KENTUCKY AVENUE.
WHEREAS, the City of Paducah ("City") owns certain real property located at
South Second Street and Kentucky Avenue, Paducah, Kentucky (the "2nd and Kentucky
Property"); and
WHEREAS, on September 3, 1996, City and the William Clark Market House
Museum (the "Museum") did execute and enter into an Option to Purchase the 2nd and Kentucky
Property (the "Option to Purchase") for the construction of a new museum building (the
"Project"); and
WHEREAS, by mutually agreement City and the Museum agreed to relocate the
Project to an alternative site also owned by City and located at South Second Street and Adams
Street, Paducah, Kentucky, (the "2nd and Adams Property"); and
WHEREAS, by Ordinance No. 2006-11-7214, adopted November 28, 2006, the
City authorized and approved the termination and cancellation of the Option to Purchase as to the
' 2nd and Kentucky Property and declaring the 2nd and Adams Property to be surplus property and
approving the sale of the 2nd and Adams Property to the Museum; and
WHEREAS, prior to the consummation of the transactions approved and
authorized by Ordinance No. 2006-11-7214, the Museum, acquired another alternate site for the
Project, and subsequently City and the Museum mutually agreed to terminate and cancel the
Option to Purchase as to the 2nd and Kentucky Property and the previously approved sale of the
2nd and Adams Property.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF PADUCAH, KENTUCKY:
SECTION 1. Recitals and Authorization The Board of Commissioners of the
City of Paducah hereby rescinds in its entirety Ordinance 2006-11-7214, adopted on November
28, 2006. Such action is in the best interest of the City.
SECTION 2. Recitals and Authorization The Board of Commissioners hereby
authorizes and approves the termination and cancellation of the Option to Purchase whereupon
neither party shall have any further obligations thereunder and the Option to Purchase shall have
no further force and effect. The Mayor is hereby authorized and directed to execute a termination
of the Option to Purchase in substantially the same form as attached hereto as Exhibit A, together
with such other agreements, instruments or certifications which may be necessary to accomplish
the transaction contemplated with such changes to the instruments not inconsistent with this
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Ordinance and not substantially adverse to the City as may be approved by the Mayor. The
approval of such changes by the Mayor, and that such are not substantially adverse to the City,
shall be conclusively evidenced by the execution of such instruments by Mayor.
SECTION 3. 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 4. 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.
SECTION 5. 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 6. Effective Date. This Ordinance shall be read on two separate days
and will become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
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Tammara S. Brock, City Clerk
Mayor
Introduced by the Board of Commissioners, February 26, 2008
Adopted by the Board of Commissioners, March 11, 2008
Recorded by City Clerk, March 11, 2008
Published by The Paducah Sun, March 17, 2008
ord\downtown dev\Market House -rescind prev ord & term purch (00097622)
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EXHIBIT A
84192
TERMINATION OF OPTION TO PURCHASE
THIS TERMINATION OF OPTION TO PURCHASE is made and executed on this
day of , 2008, by and between CITY OF PADUCAH,
KENTUCKY, a municipal corporation of the second class existing under the laws of the
Commonwealth of Kentucky, and a body politic and corporate of Post Office Box 2267,
Paducah, Kentucky 42002-2267("City"), and THE WILLIAM CLARK MARKET HOUSE
MUSEUM, INC., a Kentucky not-for-profit corporation of Post Office Box 12, Paducah,
Kentucky 42002-0012, ("Museum");
WITNESSETH:
WHEREAS, City owns certain real property comprised of 25, 121 square feet,
located at South Second Street and Kentucky Avenue, Paducah, Kentucky (the "2nd and
Kentucky Property"); and
WHEREAS, on September 3, 1996, City and Museum did execute and enter into
an Option to Purchase the 2nd and Kentucky Property (the "Option to Purchase") for the
construction of a new museum building (the "Project"); and
WHEREAS, the Option to Purchase will expire upon receipt of funding from the
Ethel Dubois Smith Trust or on January 1, 2015, whichever shall occur first; and
WHEREAS, City and Museum have some concerns with the location of the
Project at the 2nd and Kentucky Property location; and have mutually agreed to relocate the
Project to an alternative site also owned by City; and
WHEREAS, City and Museum have agreed to terminate and cancel the Option to
Purchase; and
NOW, THEREFORE, in consideration of the foregoing premises, and for other valuable
consideration, the legal adequacy and sufficiency of which is hereby acknowledged by both parties
thereto, it is agreed by both parties hereto that the Option to Purchase regarding the 2nd and Kentucky
Property be and is hereby declared terminated and of no legal force and effect. The effective date of the
termination shall be the date first written above.
IN WITNESS WHEREOF, the parties have set their hands on the date and year
first above written.
CITY OF PADUCAH, KENTUCKY
Mayor William Paxton
WILLIAM CLARK MARKET HOUSE MUSEUM, INC.
BE
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