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HomeMy WebLinkAboutMinutes Book 19, Page 547, May 19, 1936NO. ._-547_..—_ ._ ..__.._ Proceedings of BOARD OF CON11-S.. I ON} iii: City of Paducah, KEHTU 2Mp U&Y_ 19,_1936______ _ At an adjourned regular meeting of the Board of Commissioners held in the Commissioners' Chamber at the City li:.11 in Paducah, Kentucky at 7:30 o1clock P. M., on the 19th day of Liay, 1936, pursuant to adjournment, Mayor Washburn presided and upon call of the roll the following answered to their names: Commissioners Hannin, Lockwood, Lielton, Pulliam and Mayor Washburn (5). Commissioner Hannin offered the following motion: I move that the copy nayorts letter to of the letter written by the Mayor at the direction of the Board of Commissioners W.V.Eaton regardirg i counsel on May 19th, 1936 regarding his legal services in defending the City of Paducah in the action L. V. Bean vs. said City of Paducah, be received, filed and spread upon the minutes of this meeting: ^Clay 19th, 1936 Mr. hi. V. Eaton, Corporation Counsel, Paducah, Kentucky, Dear Sir: On May 18th, 1936, at the direction of the majority of the Board of Commissioners, I wrote Mr. L. V. Bean advising him of service of summons in the action of L. V. Bean vs. City of Paducah, et al, a copy of the letter to Mr. Bean is attached to this letter to you. The Board of Commissioners have received the information that you have expressed your opinion that the Board of Commissioners are without authority to remove the City Manager, and Mr. Bean has been quoted in the news -paper as saying you would be one of his legal advisers. Lir. Bean has the employment of Counsel for the City. This Board is without authority to employ counsel except under certain conditions. Vie are therefore putting the question squarely up to you to advise this Board what your posi ion may be in this litigation, and whether or not, under the circumstances you feel that you can conscientiously represent the City of Paducah and the Board of Commissioners in the action of Lir. Bean vs. the City of Paducah and the majority of the Board members, in view of the fact that you hold your position as Corporation Counsel by reason of Mr. Bean's selection. There will be an adjourned meeting of an adjourned regular meeting tonight at 7:30 o'clock, and you are requested to advise the Board by letter your position in the matter. Yours very truly, ETt:T Edgar T. Washburn, Mayor" Adopted on call of the roll: Yeas; Co:mnissiorn_rs Hannin, Lockwood, Lielton, Pulliam and Mayor Washburn (5). L. V. Bear's lettor Co=issioner Hannin offered the followinrG motion: I move that the to Mayor regarding counLel letter received from City Manager under date of way 19th, 19:6, regarding employing Counsel to defend the City of Paducah in the action of L. V. Bean vs the CLty of Paducah, be received, filed and spread upon the minutes of tilt meeting: nutay 19,1836 :dr. Mge,r T. .aisituurc:,Uayors Pn::ucah, fe:ntucky ve:ar :.Lr: 1 h.vc your :L tt,.r of ,Awj 19th. Ycu en5w that the: *4kte;r refcrre.i to in your letter is in littg't.?on aw I ir:ve referred yuur lett r to my attorneys. If you w>nt an ansxer I %ouH zu,;!c:at that you take the m tt.r up aiti: my conn -el. 1f it L.; true, an suggested by you, t.hnt Corpor.tton Coiill:el, V. Laton, his expre sed the o;inion thst the action taken by y,u and CommU!31onty, Hannin and L00000d ot: May lith wa:. illegal thin should be added reason why you should realize tint your action on that "a- cion was wrong. Proceedings of ROAHDCity of Paducah,_�HTOCKYt 9Ey 19L1936 _ I am sure 'vr. Eaton will advise the city correctly and represent it faithfully. For that reason, and unless my personal attorneys advise m. to the contrary, I would �;• not be willing to incur the expense of employing additional counsel for the city of Paducah. I think the city could do nothing better in its own interest than to fellow the advice of Corporation Counsel, Mr. Eaton, in this matter. Yours very truly, L. V. Bean, H. City Manager" Adopted on call of the roll: Yeas; Commissioners Hannin, Lockwood, Melton, Pulliam and l:ayor Washburn (5). Ashcraft Commission,r Lockwood offered the following motion: I move that the Babb Car communication ftom Ashcraft-Babb Car Company in regard to the purchase of a car for the Co. letter 'Fire Department be received and filed and spread upon the minutes of this meeting: "May 15, 1936 y Duplicate COPY Honorable Mayor & Board of Commissioners, p City of Paducah, City Hall, City. Gentlemen: On March 13th. 1936 we delivered to the City of Paducah one 1936 Dodge Coach for the Fire Department. The price of'this vehicle was $.869.50 less allowance on used Hudson coupe of $169.50 making a balance due of $700.00 which was to be cash on delivery. To date we have not received tid.s money and respectfully call it to your attention and ask that you give this your Immediate attention and oblige. Yours very truly, Ashcraft-Babb Car Co. T By Thos. B. Whittemore This is an exact copy of letter written May 15th. and this copy was written at the request of M-yor Edgar T. Washburn." Adopted on call of the roll: Yeas; Commission:•rs Hannin, Loc%vrood, Melton, and Mayor Washburn (4). :lays; Commissioner Pulliam (1). i Parking Commis loner Melton offered the following motion: I move that letter !deters - Kolb recei w d from Kolb Drug Company and Billings Printing Company pertainin., to parking Drug Co. ,t til- m_ters be received, filed and referred to the City Manager. Adopted on call of the roll tzYc�s; Commiscioa,rs Aannin, Lockwood, Melton and Mayor Washburn (4). Nays; Commission's Pts Co.C .a Iter Fulilan (1). ?Mayor ',ashburn offered the following motion: I move that tb letter from :afar:' V. ratan IllF,nsxer to a lr_tter written to said Eaton by the: Mayor, be received and ° ti to Mayor eM a::d spread upon tw. oi::utet o:; t}.i:: ui eLing: "' "Msy 19, 1J�6 r6f•`Pa lUL`:sh.,iGU:':, CitY Lear °ir:- 'xour lit- . of s: incl + an, City .. _ .. -n Cl. ,it CeurL. i fstion w et. -.r i can consetct:tIOUs ly 3... '�'caL�ltj, CBiora. It lr. my duty a.11l be 0 Adjournment I NO. `49 Proceedings of— BOARD City City of Paducah sKENTUCBY, MAY 19,1936 faithfully performed. The counsel for the City Is not required to appear for officers of the City In any conflict between them. For this rea6on my appearance on the basis of the issues as at present presented will be for the City of Paducah and its citizens and taApayers only. So long; as I represent the City it will be served to the very best of my ability. Under t.e law I am the legal adviser of officers of the City, and I have not hesitated at any time to advise the members of the Board of Commisslon:xs when my advice was requested. I have no knouledgc whatever of any expression from any officer to the effect that I would appear for him individually in any conflict between him and any other officers of the City, nor have I been consulted respecting any such conflict. Your letter requests that I answer by letter, and says that Caere is an adjourned meeting of the Board of Commissioners scheduled for 7:50 tonight. I am there— fore submitting this letter that your erroneous im— pression may be corrected. Yours very truly, W. Eaton, Corporation Counsel Adopted on call of the roll: Yeas; Commissioners Hannin, Lockwood, Melton, Pulliam and Mayor Washburn (5). Mayor Washburn offered the following motion: I move that this regular ;adjourned meeting be adjourned to 11 o'clock A.Y., May 20th, 1936.