HomeMy WebLinkAbout2008-10-7467705
ORDINANCE NO. 2008-10-7467
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY,
AUTHORIZING THE CREATION OF THE PADUCAH RIVERFRONT
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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
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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.
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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.
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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
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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
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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;
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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
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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
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