HomeMy WebLinkAboutMinutes Book 20, Page 99, September 12, 1938NO.
Proceedings of a" I of o"llani o—ra City of Paducah 3optember 12, 1,138 1
At a reular meeting of the Board of Commissioners hold in the Conni::aionern
Clamber at the City Hall, Paducah, Kentucky, at 2 o'clock P.M., on the 12th day of
!3eptember, 1338, Cor..missioner Bank, presided an Mayor pro tem and upon call of the roll
�Ithe following answered to their names: Commissionors Melton, Pulliam, Stubblefield and
jY%ayor pro ten Hank (4).
}Y 1..11nutes of the previous meetings were adopted an read.
Produce Sellers - petit -1 Commissioner IIank offered motion that the petition from produce sellers be
ion
received and filed.. Adopted on call of the roll: Yeas; Commissioners :elton, Pulliam,
Stubblefield and i.ayor pro tem Hank (4).
Commissioner Pulliam offered the following motion: I move that the letter
Ke -ducky Utilities
Franchise. Letter from containing opinion of Corporation Counsel PJ. V. L•aton concerning electric light
Cornoration Counsel
regarding procedure of w• power franchise be received and filed and spread upon the Minutes:
city
"September 12, 1938
"To the Board of-
.Commissioners,
City of Paducah
Gentlemen:
At your meeting on September 6th, you adopted a motion requesting that I
prepare and present to you, and each of you, on the 12th of September, an opinion as to
lust what are the requirements for the City to fulfill in order that it may not loae
its proper rights in the matter of the electric franchise, and also as to the proper
procedure of the City before the expiration of the present franchise.
This motion apparently overlooked the fact that for more than a year the
Board of Commissioners has been attempting to work. out a franchise to offer for sale,
;!dealing with electric power and energy. At the beginning of the matter the Kentucky
Utilities Company submitted a franchise such as it wanted. Apparently this vias shot
satisfactory and the City called in a franchise expert rho prepared an exhaustive and
.ivory thoroughly arranged draft of a franchise, which it was suggested could be used as
a basis for working out a franchise, if its terms were not satisfactory. Up to the
present time apparently no effort has been made to work out a franchise from the draft
which was constructed by Dr. Bauer. If view of the fact that the City employed this
4expert who carefully and at great pains prepared a franchise for the City, it is my
pepinion that either this franchise, or one.worked out on the plan there sugrestod, be
gado -ted. If the Hoard of Commissioners is unwilling to accept this draft or to follow
11the plan suZSented in it, then this draft should be rejected entirely, and the Board
should take up some other plan which mIC)mt appeal to it as being a proper and equitable
franchiae.
By erection 2741m-1 of Smntucky Statutes, provision is gado for issuing fran-
chises to Utilities whose franchise are expiring. Originally this section was mandator
but it has been so amended now as to leave some doubt as to whether ib is mandatory,
and the Court of Appeals has not yet panned upon its effect since it was amended.
However, the General Assembly of Kentucky has also adopted a Public Utility Law, and by
sub -section 28 thereof it is provided, thnt no franchise shall be issued until the
?ublic Servide Cormission of Kentucky has granted to said Utility a certificate of
necessity and convenience, shopping that thorc is a demand and need for the services
sought to be rendered.. I am advised that no such certificate h s been procured or
presented to the City, and in the absence of it I do not think the court would compel
the city to offer any franchise for sale.
+:Ytilc it is the declaree duty of the city to offer the franchiso when a
nncer.sity therefor exists yet its failure to offer or sell such a franchiso would In
noxise affect its "rirhtsi'.
To surmarize the situation, I submit the following:
Mo la^ conte;;rletcs that eighteen (18) months tcforc the franchiso expires
a new frn chis: s'eeuld bo offered 1•ox• public 3,110 to sapplant it. The now
is "es not havt to :e in t1;e sar:e terms as the old franchise, tut it class have
the same subject of course. 1110 Doard of C •--sio._._r:
t_znr:r has before it two
i^:. It enn aeaept cath^r of them, or rcicet one and revise the.
c: - '::r,•v, or it can reject all of -hetiand either prepare one
ite -..• --fait until a cort.iflcate of necessity and convenience for
't. The city ntanda to lose nothtn:; apr.ar•.ntly
)line.
.ver tt:e point's inquired about.
rospectfully
+. 1Aton, Corporation r,,unsel"
a em2ore:s Molten, Iulliam, ;tuLblerlale and
NO_106 -
Proceedingsof Aocr' r 'omt4s n rs _CiryofPadacab :;entember 12 1938
Commissioner Hank offered the following motion: I move that the City 15anagcr
- --lication I a are and submit through the Public ti'iorks Administration application for a iunicipal
t6 Ai:ditorium at a cost of approximately -225,000 to be constructed by the issuing of
revenue bonds and the retirement of loan be contemplated from receipts or revenues from
s^id building. Adopted on call of the roll: Yeas; Commissioners Melton, Pulliam,
tublefield and ISayor pro tem Hank (4).
Commission -r Hank offered motion that a copy of a letter dated September 12,
1938 addressed to D. A. Davison, Lieutenant Colonel, Corps of LhSineers, District
.Jof rLn,rineer, Louisville, Kentucky, from L. V. Bean, City (tanager, making representation
:.. Park Ir.s to the plans for location and construction of the Paducah, Kentucky sea well or
iflood protection wall, be received and filed and the contents concurred in by the Board
;i of Commissioners. And further that it is the position of the Board of Commissioners
,''of the city of Paducah that the U. S. Engineers be urged in the location and construct-
jion of said sea wall at Barkley Park to conform ro original plans, blue prints and
j;apecifications which wore submitted at the public hearing in Paducah and approved there-
at. Adopted on call of the roll: Yeas; Commissioners Melton, Pulliam, Stubblefield
'.an? Ysyor pro tem Hank (4).
Dept. Commissioner Pulliam offered motion that a resolution entitled, "A RESOLUTION
` .ts in D I::I::G TEE RI;IiTS OF THE PADUCAH FIRE DEPARTLMIT IN, THE 14ATTER OF ANVUERING FIRE
C -' s out tse
,ins
AND Cr.LLS OUTSIDE THE CITY LI::ITS OF PADUCAH", be adopted.
0. Adopted on call of t e roll: Yeas; Commissioners Melton, Pulliam, Stubtlefield and
.'• {nor pro tem Hank (4).
Commissioner I:elton offered the folloviin. motion: I move that there be paid
the Greater Paducah Association out of any appropriated or available public funds in
city treasury, for the purpose of a dvertising the trade, commerce, manufactures
coriercial resources of said city, the sum of -300.00, and that voucher or check
— refor be issued to the said Greater Paducah Association.
)::clopted on call of the roll: Yeas; Commissioners ..elton, Pulliam, .3tubblefield and
",yor pro tem Hank (4).
On motion meeting; adjourned.
r /M
%i.
,1939 AP ROVED: ✓,! 'y21