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HomeMy WebLinkAboutOrdinances Book 15, Page 144, No Ordinance NumberAN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, REQUESTING THE CITY OF PADUCAH PUBLIC IMPROVEPIENT CORPORATION TO ACT AS AN AGENCY AND IN- STRUMENTALITY OF THE CITY IN CONSTRUCTING A MUNICIPAL BUILDING !VITH NECESSARY APPURTENANCES ON A SITE AUTHORIZED TO BE TRANSFERRED TO SAID CORPORATION; OFFERING TO ENTER INTO A CONTRACT, LEASE AIND OPTION !WITH SAID CORPORATION UWHEREBY THE CITY SHALL RENT THE SAID CITY HALL BUILDING, AND THE SITE THEREOF, FROM YEAR TO YEAR, AND APPROVING SAID CORPORATION'S PROPOSED MORTGAGING OF SAID FACILITY TO SECURE SAID CORPORATION'S BONDS !9HICH ARE TO BE ISSUED TO PROVIDE FUNDS TO PAY A PORTION OF THE COSTS INCIDENT TO PURCHASE THE AGREED SITE AND CONSTRUCTION OF SAID CITY HALL BUILDING, WITH NECESSARY APPURTENANCES. I,HERE_AS__ at the present time, the City of Paducah, Kentucky, does not possess suitable facilities wherein the ordinary and necessary business of city government can be properly conducted; and the ordinary and necessary affairs of municipal government are being conducted from scattered facilities which are grossly inadequate to serve the needs and requirements of the community; and 'rlHEREAS, the City of Paducah has accumulated a building fund, and has obtained a substantial grant under the Accelerated Public Works Program of the United States, through the Community Facilities Adminis- tration of the Housing and Home Finance Agency (Project No. AP!#Ky-44G, Contract Ido. H-302-1181); and JHEREAS, through the location of the proposed new City Building in an Urban_ Renewal Area, certain other credits will be available to the City; and !'WHEREAS, such credits, grants, and accumulated funds are not completely adequate to provide the necessary new facilities for the accommodation of the City government which are hereinafter proposed, but would be available to an agency of such city government which is able to provide 'the remainder of the funds, and ;WHEREAS, it has been agreed as between the City of Paducah, Kentucky, and the City of Paducah Public Improvement Corporation (a non-profit, no-stoc public corporation organized pusuant to a Resolution of the Board of Com- missioners of the City of Paducah, and existing under the laws of the Commonwealth of Kentucky solely for the purpose of acquiring interests in real estate for the ultimate use and benefit of the City, and in this regard serving, as an agency and instrumentality of the City of Paducah, Kentucky, in financing the acquisition and improvement of real estate and other propert for public use and in furtherance of public purposes and functions of the Cite, hereinafter called the "Corporation"), that the Corporation will act as an agency and instrumentality of the City of Paducah, Kentucky (herein- after called the "Cite"), in acquiring title to a certain parcel of land, hereinafter described, and constructing thereon. a City Hall or munici- r 00 pal Buildinp with appurtenances (such appurtenances to include necessary and proper equipment within said building to accomplish the purposes intended), to serve the City, bu the issuance of bonds of the Corporation secured by a mortgage of said City Hall or Municipal Building, together with the site thereof: and WHEREAS, It is further necessary and appropriate, in order that the Corporation may properly finance said contemplated undertaking, that the City request, authorize and approve the contemplated actions of said Corporation, and further affirm its intention to enter into a "Contract, Lease and Option" with said Corporation, such Contract, Lease and Option to provide for annual rentals which, so long as said lease may be renewed by the City, shall provide funds to the Corporation sufficient to pay its First Mortgage Bonds to be issued for said undertaking, and interest thereon, as the several Bonds and interest coupons respectively become due from time to time, and with further provision that the City, so long as said lease may be renewed and remain in force, will pay the costs of operating, maintaining in good repair, and insuring such facility; NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH1 KENTUCKY, DOES HERBY ORDAIN AS FOLLOIVS- Section 1. The City of Paducah Public Improvement Corporation is hereby requested to act as the agency and instrumentality of the City of Paducah, McCracken County, Kentucky, by accepting fee simple title to a certain, parcel of land hereinafter described with particularity, and located within the corporate limits of the City of Paducah, Kentucky, and in constructing thereon a City Hall or municipal Building, together wi necessary appurtenances, wherein the proper and necessary functions of local city government of the City of Paducah can be carried out, and to finance the same by the authorization and public sale of $300,000.00 principal amount of its "City of Paducah Public Improvement Corporation First I+?ortpaQe Bonds - Series of 1963," to be dated November 1, 1963, and to mature serially as to principal in various amounts on November 1 in each of the years 1964 to 1983, inclusive, the same to be secured in part by a Mort7aee Deed oC Trust from said Corporation to the Citizens Bank & Trust Company, Paducah, Kentucky, as Trustee, creating a first and prior lien on the Said property for the security, benefit, and protection of the owners and holders of said Bonds. Section 2. In order that the purposes herein set out may be accomplis the Rayor and City Clerk are hereby authorized and directed to transfer to the City of Paducah Fublic Improvement Corporation, by a deed approved as to form by Corporation Counsel, the hereinafter described site. 1L5 146 Section 3. In order that the City of Paducah Public Improvement Corporation may properly and effectively act as the agency and instrumentali of the City in the construction of a City Hall, or Municipal Building, toget] with necessary appurtenances, the City of Paducah, Kentucky, hereby offers to lease from said Corporation, upon terms more particularly described in Section 4 hereof, the site of said proposed City Hall or Municipal Building, together with improvements and appurtenances thereto affixed, said site being identified and described, as follows: A certain tract of land situate and being in the City of Paducah, County of iZcCracken and State of Kentucky, described as follows, to -wit: Being Block No. 20 in Addition "B" or First Addition to the City of Paducah, Kentucky, and beginning at a point in the southwest corner of the intersection of 4th Street and Washington Street; thence westwardly with the south line of Washington Street 346.5 feet to a point in the southeast corner of the intersection of 5th Street and Washington Street; thence southwardly with the east line of 5th Street 346.5 feet to a point -at the north- east corner of the intersection of 5th Street and Clark Street; thence eastwardly with the north line of Clark Street 346.5 feet to a point at the northwest corner of the intersection of 4th Street and Clark Street; thence northwardly with the west line of 4th Street 346.5 feet to the point of beginning. Being the same property which was conveyed to the City of Paducah, Kentucky, by the Urban Renewal and Community Development Agency of the City of Paducah, Kentucky, a body corporate, by a deed dated April 2, 1963, which is of record in the office of the County Court Clerk of McCracken County in Deed Book 444, at page 292; and being also the same property which is referred to in a Resolution of the Urban Renewal and Community Develop- ment Agency of the City of Paducah, Kentucky, which is of record in the same office in Deed Book 446, at page 381. Subject, however, to the following covenants and restric- tions (except as modified by the Resolution recorded in Deed Book 446, page 3$1): 1. The Corporation agrees to prosecute diligently the construction of a city hall upon the land and to complete such improvement before December 31, 1964. Upon completion of such improvement, the City shall cause the Urban Renewal and Community Development Agency of the City of Paducah to issue its certifi- cation to that effect in recordable form, which shall conclusively represent a determination that all covenants and restrictions with respect to the con- struction of improvements have been complied with and that their existence is terminated. 2. The Corporation will not resell or otherwise trans- fet the land conveyed herein, or any interest therein, prior to the completion of the city hall upon such land, without the written approval of the City. This obligation, however, is not applicable to mort- gagees and their successors in interest. 3. No building on the land conveyed herein shall cover more than 60% of the total lard conveyed, nor shall an building exceed 4.5 feet in height above ground level, nor shall any building occupy any space within rwenty feet of a street right-of-way on any side. 4. Every building on the land conveyed herein shall he used for public purposes or for apartment use. I 1L7 5 The party of the second part will make no changes in the improvements after completion of their con- struction which are not in conformity with these restrictions. 6. The Corporation and its successors in interest will comply with all State and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race, religion, color, or national origin in the sale, lease, or occupancy of the property. 7. The Corporation will not effect or execute any agree- ment, lease, conveyance or other instrument whereby any portion of the land conveyed herein, owned by them, will be restricted upon the basis of race, religion, color or national origin in the sale, lease, or occupancy of the property. 8. The above covenants and restrictions in ParapIraphs 2, 3, 4 and 5 shall remain in full force and effect for a period of twenty years from and after July 1, 1963. Covenants and restrictions in Paragraph i shall terminate upon the issuance of the certifica- tion of completion mentioned therein. Covenants and restrictions in Paragraphs 6 and 7 shall remain in full force and effect indefinitely. Section _4_ The City of Paducah, Kentucky, hereby agrees to enter into a "Contract, Lease and Option" with said City of Paducah Public Improvement Corporation, whereby the City will agree and covenant to lease (or, in its discretion, cause one or more of its agencies to lease) said City Hall or Municipal Building and appurtenances, together with the site thereof, as above described, from said Corporation from year to year, but only for one year at a time, at annual rentals which, so lona as said lease may be renewed by the City (or its agencies), will provide funds to said Corporation sufficient to pay its "First Mortgage Bonds -, Series of 196.3," and interest thereon, as the several Bonds and interest coupons respectively become due and payable from time to time, and said Contract shall further provide that the City, so long as said "Contract, Lease and Option," may be renewed and remain in force, will pay the costs of operating, maintaining in good repair and insuring such City Hall or Adunicipal Building and appurtenances, together with the site thereof, and that if the City shall lease and rent said facility for one-year periods until all of the aforementioned "First PTortgage Bonds Series of 1962" shall have been duly paid and retired, said Corporation shall convey the facility to the City free and clear of all liens, at the expense of the City. Section 5. The City hereby agrees that the City of Paducah Fublic Improvement Corporation, in order to properly carryout its duties and responsibilities as an agency and instrumentality of the City in con- structing said City Hall or Municipal Building, with necessar}r appurtenanc s, may place in mortga7e to the Citizens Bank & Trust Company, Paducah, Kentucky, as Trustee, said City Hall or Municipal Building and appurten- ances, and the site thereof, and may assign unto said Trustee all of its li.8 rights to receive rentals under and pursuant to the "Contract, Lease and Option" by and between the City and the City of Paducah Public Improvement Corporation, together with any other contracts or instruments, if any, which the said Trustee may require to discharge its duties properly in the securinf of the interests of the contemplated owners and holders of the Bonds to be issued as herein, provided: and the City of Paducah Public Improvement Corporation is requested and authorized to enter into an agreement with said Trustee to define and delineate said rights and duties of the Trustee, which contract may be in the form of a "Mortgage Deed of Trust" or other app ropriate instruments. Section 6. Appropriate city officials are hereby authorized and directed to take all steps necessary to make all credits and grants, here- tofore available to the City of Paducah for this project, beneficially available to the Corporation for the same purpose, and the monies heretofore accumulated in the building fund for this project are hereby appropriated and made available therefor, to the extent necessary. SECTION 7. This Ordinance shall be in full force and effect from and after its adoption and approval, as provided by law. INTRODUCED AND GIVEN FIRST READING APPROVAL at a Regular Meeting of the Board of Commissioners of the City of Paducah, Kentucky, held on the 8th day of October, 1963. GIVEN SECOND READING APPROVAL AND FINALLY ADOPTED by the Board of Commissioners at an Adjourned Meetinp held on the 18th day of October, 1963, on the same occasion signed by the Mayor as evidence of his approval, attested under seal by the City Clerk, and declared to be in full force and effect. Z� el. Robert C. Cherry, M or City of Paducah, Kentucky (SEAL) ATT T: Sa— rah Thurman, City Clerk City of Paducah, Kentucky CERTIFICATION The undersigned, Sarah Thurman, City Clerk of the City of Paducah, .McCracken County, Kentucky, hereby certifies that the foregoing is a true and correct copy of an Ordinance .finally adopted and approved on Second Readinp by the Board of Commissioners of said City, at an adjourned regular meeting of said Board held on the 18th day of October, 1963, on the same occasion sinned by the ?Mayor in open session as evidence of his approval, attested under seal by me as City Clerk, and declared by the Mavor to be in full force and effect, 11ITNESS my hand and the seal of said Cit y this 19th day of Oct. 1963. ( SEAL )t�4 c 1t%/i�s.•c �z L _ City Clerk Citv of. Paducah, Kentuck}