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HomeMy WebLinkAbout2008-10-7467705 ORDINANCE NO. 2008-10-7467 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING THE CREATION OF THE PADUCAH RIVERFRONT �p DEVELOPMENT AUTHORITY OF PADUCAH WHEREAS, the City of Paducah ("City") adopted the Paducah Riverfront Redevelopment Plan in March 2007; and WHEREAS, on February 11, 2008 City Manager Jim Zumwalt distributed to the City Commission a Proposal to Create Paducah Renaissance Agency; and WHEREAS, in the ensuing months City Commissioners and staff have discussed the Manager's proposal with Paducah Main Street Board, Downtown Merchants, Lowertown Arts District Association, Lowertown Renaissance Association, Lowertown Artists not affiliated with Arts District Association, Convention and Visitors' Bureau Board staff, Paducah School for the Arts, and other interested stakeholders; and WHEREAS, the City of Paducah adopted a Resolution on April 1, 2008, authorizing and directing the staff of the City, to prepare and ordinance(s) reorganizing Lowertown and Downtown functions; and WHEREAS, it has been determined that a development agency of the city need be organized to conduct comprehensive plans, development plans, and generate implementation for Low rto Downtown, of Paducah; and strategies , and riverfront Zd gt e�City WHEREAS on . ,� of Paducah adopted an ordinance authorizing the creation of the Zone Board. The Zone Board is also known as the Paducah Renaissance Alliance; and WHEREAS, the Board of Commissioners of the City of Paducah finds reorganizing the programmatic assets of Lowertown and Downtown is in the best interest of the City and will further revitalization of the Downtown business area of the City of Paducah; and WHEREAS, it is hereby declared to be the policy of the City of Paducah to assist in the preservation and revitalization of historically or economically significant local areas, including open spaces, and the riverfront, for the purpose of planning and financing the preservation and revitalization of these areas of the city which are of economic or historical significance, while at the same time accommodating necessary and desirable city growth. Ili BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Creation of development authority. Pursuant to the needs of KRS 65 inclusive, there is hereby authorized, created, and established an agency to be known by the name of the "Paducah Riverfront Development Authority" (agency). Said agency shall exist with the powers, duties, and functions hereinafter or otherwise provided by statute. NOR SECTION 2. Membership; appointment; term; and reimbursement of ex ep nses. Upon the date of the creation of the development agency, or within a reasonable time thereafter, the mayor shall appoint, with the approval of a majority of the city board of commissioners, seven (7) citizens as members of the agency, each of whom shall bear the title of commissioner and shall constitute, with the other commissioners, a board of commissioners of said agency. Up to one (1) member may be selected from the city of Paducah board of commissions. The commissioners initially designated shall serve one (1) for a term of one (1) year, two (2) for a term of two (2) years, two (2) for a term of three (3) years, and two (2) for a term of four (4) years, the length of said terms to be noted by the mayor in the written document making each of said appointments. Thereafter members shall be appointed as aforesaid for a term of office of four (4) years, except that all vacancies occurring during a term shall be filled for the unexpired term. A commissioner shall hold office until his successor has been appointed and qualified. The mayor or his designee shall be an ex officio nonvoting member of the agency. Commissioners shall serve without compensation but shall be reimbursed for any actual and necessary expenses incurred by them in the conduct of the affairs of the agency. SECTION 3. Officers; powers; removal procedure. The agency shall elect a chairman and a vice chairman from among the members of its board of commissioners. The term of office of each of said officers, unless otherwise prescribed by the agency, shall be for the calendar year or for that portion thereof remaining after each such officer is designated or elected. Other officers may be selected without regard board The duties to membership on the of commissioners. powers and of all officers shall be established by bylaws adopted by the board of commissioners, subject to approval, amendment or modification by the governing board. The powers of the agency shall be vested in the commissioners appointed as members of the board of commissioners. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed by the Mayor, with approval of the city board of commissioners. SECTION 4. Disclosure. No officer, employee or consultant of an agency, who in the course of his duties is required to participate in the formulation of plans or policies for the development of a project area, or in the implementation of such plans or policies, shall acquire any interest in any property to be included within a project area. If any such officer, employee or consultant owns or has or seeks to establish a financial interest, directly or indirectly, in any property to be included within such a project area, they shall immediately disclose, in writing, such interest to the board of commissioners of the agency, and such disclosure shall be entered in the minutes of the board of commissioners. Failure to so disclose such interest shall constitute misconduct in office. No payment shall be made to any commissioner or officer of an agency for any property or interest therein acquired by the agency from such commissioner or officer unless such payment is unanimously approved board of commissioners at public meetings of said boards subsequent to the meeting at which the interest in property has been disclosed in writing. SECTION 5. Appropriation and receipt of funds. The board of commissioners of the agency is authorized to receive, and the city of Paducah, is 2 707 authorized to appropriate, such amounts of money as may be necessary for the administrative purposes of the agency, which may include payments to staff and consultants for research, various studies and surveys, designation of project areas, preparation of development plans, estimates of the cost of acquisition, clearance, renovation, rehabilitation, improvement of project areas, and payments for architectural, engineering, legal and financial advisory services and other administrative expenses ,j deemed necessary by the board of commissioners. The board of commissioners is also U authorized to receive, and the governing board of the city is authorized to appropriate, moneys necessary to meet any contractual commitments made by the city to the agency for any project undertaken by agreement between the city and the agency. SECTION 6. Powers of agency. The Paducah Riverfront Development Authority shall possess the following powers: 1. The agency shall constitute a public body corporate and politic, exercising public and essential functions, and shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this ordinance, as well as KRS 65.680 through KRS 65.698, including but without limiting the generality of the foregoing, the following powers in addition to other powers granted herein and by other statutory authority: a. To sue and be sued; to have a seal; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; b. To make, and from time to time amend and repeal bylaws, rules, and regulations not inconsistent with this ordinance or law, to carry into effect the Owers and purposes thereof, subject to approval, amendment or p P � � J PP > modification by the city of Paducah; C. To select and appoint such officers, agents, counsel, and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation, subject, however, to the provisions of its budget; d. Within its jurisdiction, and for the purpose of developing a project area or areas, to purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property or any interest therein, together with any improvements thereon; to clear any and all buildings, structures, or other improvements from any real property so acquired; to renovate or rehabilitate any improvements to such real property so acquired and to dispose of any personal property resulting therefrom; to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust or otherwise, or otherwise to dispose of any real or �U personal property or any interest therein at its fair value for uses in accordance with the development plan, irrespective of the cost of acquiring and preparing said property; to insure or provide for the insurance of any real or personal property or operation of the agency against risks or hazards; and pursuant to the provisions, to rent, maintain, manage, operate, and repair such real property and any improvements thereto; N I, 708 e. To obligate lessees or purchasers of land acquired in a project: i.to use such land for the purpose designated in the development plan; ii. to begin the building of specified improvements or renovation of existing improvement within a period of time which the agency fixes as reasonable; and iii. to comply with such other conditions as in the opinion of the agency are necessary to carry out the purposes of the agency, by provision in the contract, deed, or lease may make any of the purchaser's obligations, covenants or conditions running with the land, whose breach shall cause the fee to revert to the agency; f. To exercise all powers granted to governmental agencies under proposed legislation which deals with the use of "tax increment" revenues and financing of public purpose projects through the use thereof; g. To exercise all powers granted to governmental agencies by KRS 58.010 to 58.140, inclusive; h. To exercise all or any part or combination of the powers herein granted. SECTION 7. Area. The jurisdictional area, also known as the Redevelopment and Growth Area, of the agency, shall be as shown on the attached map. SECTION 8. Sale or exchange of real property. The agency may sell, exchange, lease, or otherwise transfer real property acquired under the provisions to one (1) or more private individuals or to public bodies, and thereafter the real property shall be used only in accordance with the limitations and conditions set forth in the development plan. Maximum opportunity, consistent with the sound needs of the locality, shall be given private enterprise in the development and subdevelopment of project areas. The agency shall sell, lease, exchange, or withhold for public use by the state or any public body thereof, all of the property which it has acquired in such project area as soon as feasible and in the public interest. Prior to any 'such sale or exchange of real property, the agency shall obtain appraisals made by independent appraisers of the value of such real property proposed to be sold or exchanged, which appraisals shall be based upon the new uses established for such real property. These appraisals shall be used as a guide for the agency in disposing of its real property, but the agency shall not be bound thereby. SECTION 9. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or not affect any of the unenforceability of such section, paragraph or provision shall remaining provisions of this Ordinance. SECTION 10. 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 rd formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 11. 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 12. Effective. This ordinance shall be read on two separate (D days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Brock, City Clerk Introduced by the Board of Commissioners September 23, 2008 Adopted by the Board of Commissioners, October 14, 2008 Recorded by Tammara S. Brock, City Clerk, September October 14, 2008 Published by The Paducah Sun, October 21, 2008 \ord\DOWNTOWN DEV\Paducah Riverfront Dev Auth 5 W