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ORDINANCE NO. 2007-4-7266
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING
A MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF PADUCAH,
KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, THE GREATER PADUCAH
l ECONOMIC DEVELOPMENT COUNCIL, THE PADUCAH-MCCRACKEN COUNTY
JOINT SEWER AGENCY, AND JAMES MARINE, INC., WITH RESPECT TO A PUBLIC
PROJECT; AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS
RELATED TO SUCH MEMORANDUM OF UNDERSTANDING.
WHEREAS, the City of Paducah, Kentucky (the "City") has previously
determined, and hereby further determines, that it is a public purpose to reduce unemployment in
the City and McCracken County, to increase the City's tax base, to foster economic development
within the City and the County 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 and the County of McCracken, Kentucky (the "County")
have further determined that it is necessary and desirable to accomplish such public purposes that
the City and the County, along with the Paducah -McCracken County Joint Sewer Agency
("JSA"), must proceed at this time to provide certain economic incentives to James Marine, Inc.,
a Kentucky corporation ("James Marine"), in order to induce James Marine to located its new
business venture within the boundaries of the City of Paducah and McCracken County,
Kentucky; and
WHEREAS, James Marine proposes to establish through its wholly-owned
subsidiary, Jamesbuilt Specialty Vessel Construction, LLC, and within the boundaries of the
James Marine property, located off Clarks River Road, Paducah, McCracken County, Kentucky,
a business operation for the manufacturing of specialty marine vessels, including tugboats and
towboats (the "Project"); and
WHEREAS, The City, County, James Marine, the JSA, and the Greater Paducah
Economic Development Council ("GPEDC") find it necessary and advisable to set forth in
summary form the intention of the Project and the economic incentives to be provided to
partially defray the costs of the Project; and
WHEREAS, in order to further the above described public purposes, it is
necessary and desirable that the City now authorize the Memorandum of Understanding among
the City, the County, the GPEDC, the JSA, and James Marine with respect to the Project and the
economic incentives to be provided.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Recitals and Authorization. The City hereby approves the
Memorandum of Understanding among James Marine, the City, the County, the JSA, and the
GPEDC (the "MOU") in substantially the form attached hereto as Exhibit A and made part
hereof. It is further determined that it is necessary and desirable and in the best interests of the
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City to enter into the MOU for the purposes therein specified, and the execution and delivery of
the MOU is hereby authorized and approved. The Mayor of the City is hereby authorized to
execute the MOU, together with such other agreements, instruments or certifications which may
be necessary to accomplish the transaction contemplated by the MOU with such changes in the
MOU not inconsistent with this Ordinance 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 MOU by such official.
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.
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:
jWYM
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, March 27, 2007
Adopted by the Board of Commissioners, April 10, 2007
Recorded by Tammara S. Brock, City Clerk, April 10, 2007
Published by The Paducah Sun, April 16, 2007
Ord/mou fames marine economic incentives
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