HomeMy WebLinkAboutOrdinances Book 9, Page 957, No Resolution NumberPage 957
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A RESOLUTION ACCEPTING AGREED SETTLEdENT OF THE CASE OF
1CITY OF PADUCAH AGAINST THE KENTUCKY UTILITIES COMPANY.
BE IT RESOLVED BY THE BOARD OF COLLAS ;ION=1iS OF THE CITY
IOF PADUCAH, KENTUCKY: -
SECTION 1.
That the Corporation Counsel be, and he is hereby authoriz-
ed, empowered and direct d to agree on behalf of the city of
Paducah to the entry in the case of the City of Paducah vs.
Kentucky Utilities Company, now pending in McCracken Circuit Court,
of a judgment in the following form:
'This day came plaintiff, by counsel, and tendered and
offered to file a copy of the resolution of the Board of Commission
ers of the City of Paducah, authorizing the entry of an Agreed
Judgment in this cause, which resolution is now filed of record.
It appearing to the Court that the arties to this action
have agreed upon a compromise a._d settlement of the controversy
presented in this action, now, pursuant to said agre.ment,
IT IS NOW ORDERED AND ADJUDGED:
(1) That the plaintiff recover of the defendant the
sum of Twenty -Seven Thousand, Five Hundred Dollars ($27,500.00),
and the costs of this action;
(2) That the defendant cause to be removed from the
streets in the City of Paducah all trolly wires and all poles now
used exclusively for the support of trolly wires, said removal to
be effected within a reasonable time from the entry of this judg-
ment;
(3) That the franchise of April 4, 1919, which is
referred to in the pleadings and evidence as 'An Ordinance creating
a franchise to acquire, construct, operate and maintain an electric
street railway over certain streets in the City of Paducah, and
providing for the sale thereof", together with all amendments
thereto, has been forfeited and is now terminated, and all of the
rails and ties now in any of the streets of the City of Paducah are
the property of the City of Paducah, and the defendant is released
and discharged from any a..d all liabilities and obligations arising
under said franchise, except its obligation to remove the trolly
wires and poles as hereinabove set out.
Then came the plaintiff and acknowledged receipt of the
payment by Kentucky Utilities Company to it under this judgment
of the sum of Twenty-seven Thousand, Five Hundred Dollars
($27,500.00), in full satisfaction of Paragraph 1 of this judgment.
Page 958
The defendant having paid the Court costs in this
. faction, this judgment is fully satisfied, except as to the duty of
the defendant to remove the trolly wires and certain poles from the
+ 1stre._ts of the plaint.ff, City of Paducah, and this suit is now
Istricken from the docket \with leave to reinstate in the event
that said trolly wires and poles shall not be removed by the
defendant within a reasonable time."
SECTION 2.
This resolution shall be in full force and effect
from and upon its adoption. /
Mayor
Passed by the Board of Commissioners, Dec. 2, 1935
Recorded by Rud, Stc::art, Clerk, Dec. 3, 1935
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