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HomeMy WebLinkAbout2005-11-7040571 72459ver3 ORDINANCE NO. 2005-11-7040 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERTIVE AGREEMENT AMONG THE CITY OF PADUCAH, KENTUCKY, THE COUNTY OF MCCRACKEN, KENTUCKY, AND THE PADUCAH-MCCRACKEN COUNTY RIVERPORT AUTHORITY i WHEREAS, the City of Paducah, Kentucky (the "City"), in conjunction with the County of McCracken, Kentucky (the "County"), desires to assist the Paducah -McCracken County Riverport Authority (the "Riverport"), a body corporate and politic created by the ordinances of the City of Paducah, Kentucky, and McCracken County, Kentucky pursuant to authority granted by the legislature of the Commonwealth of Kentucky in KRS 65.510, et. seq., in the purchase of a certain tract of real property located at 2308 South 4`" Street, Paducah, Kentucky, together with all improvements, fixtures and appurtenant property rights, privileges, fleeting, and riparian rights thereto, (the "Property"), having determined that it is necessary and desirable to do so in order to foster economic development along the river within the City and County and to promote the development of a skilled workforce, all to the benefit of the citizens and residents of the City and County; and WHEREAS, The City and the County of McCracken, Kentucky (the "County") have further determined that to accomplish such public purposes that the City and the County must proceed at this time to provide financing to the Riverport in order to enable the Riverport to purchase the Property under a common plan of finance by the City, the County, and the Riverport; and WHEREAS, pursuant to Sections 65.210 to 65.300, inclusive, of the Kentucky Revised Statutes, as amended (the "Interlocal Act"), the City and the County may join together to accomplish what each may accomplish individually; and WHEREAS, as a result to the foregoing findings, the City and the County have determined that it is advantageous and in the best interests of the inhabitants of the City and the County that the City, the County, and the Riverport proceed to undertake the acquisition and financing of the Property in the most cost effective manner pursuant to the Interlocal Cooperative Agreement and the Interlocal Act; and WHEREAS, under this agreement the Riverport shall own the Property and shall maintain it and promote its use for economic development along the river; the City, in conjunction with, the County and the Riverport will each contribute up to $400,000.00 toward the purchase price of the Property; and the Riverport will repay the contributions of the City and County over a fixed term; and WHEREAS, the City, the County, and the Riverport now wish to establish their respective rights and duties in connection with the purchase of the Property and memorialize their agreement. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: Section 1. The City of Paducah, Kentucky, hereby approves the Interlocal Cooperative Agreement between the City of Paducah, Kentucky, the County of McCracken, Kentucky, and the Paducah -McCracken County Riverport Authority. It is hereby found and determined that the Interlocal Cooperative Agreement furthers the public purposes of the City and it is in the best interest of the citizens, residents and inhabitants of the City that the City enter into the Interlocal Cooperative Agreement for the purposes therein specified and the execution and delivery of the Interlocal Cooperative Agreement is hereby authorized and approved. The Mayor and the City Clerk of the City of Paducah are hereby authorized to execute the Interlocal Cooperative Agreement, together with such other agreements, instruments or certifications which may be necessary to accomplish the transaction contemplated by the Interlocal Cooperative Agreement with such changes in the Interlocal Cooperative Agreement not inconsistent with this Ordinance and not substantially adverse to the City as may be approved by the officials executing the same on behalf of the City. The approval of such changes by said officials, and that such are not substantially adverse to the City, shall be conclusively evidenced by the execution of such Interlocal Cooperative Agreement by such officials. 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. ... .,.. me.� .k,.. w e - .,a;�.u.u..v;�aLt�. •- ��� �� . wJ I ., � nig- ,, e�cievv�l 572 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: X'- Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, November 15, 2005 Adopted by the Board of Commissioners, November 22, 2005 Recorded by City Clerk, November 22, 2005 Published by The Paducah Sun, November 30, 2005 \ord\agree-interlocal—riverport auth i� 0 WE I