HomeMy WebLinkAboutOrdinances Book 9, Page 975, No Resolution NumberPage 975 IN
A RESOLUTION PROPOSING AND AUTHORIZING A COAPR0,IISE
AND SETTLE«iENT OF CERTAIN LITIGA`1'IONS PEr:DING BEWiEEN THE BOARD OF
EDUCATION OF PADUCAH AND TH.- CITY OF PADUCAH.
WHEARAS, there was heretofore instituted two certain
actions in the _,1cCracken Circuit Court in which the Board of
Education of the City of Paducah sought to recover from the City
of Paducah certain alleged claims for taxes, penalties, interest
and funds therein alleged and claimed to be due and owing by the
City of Paducah to the Board of Education of said City, and which
(actions were contested in every detail and ea+iich proceeded to a
li judgment for a nominal sum in favor of the plaintiff in the
Ij >iccracken Circuit Court, and
i
WHEREiS, said judgment was appealed from to the
�ICourt of Appeals of Kentucky by the Board of Education of said
city and said judgment was rev-rsed, but with directions that the
pleadings be further perfected and evidence further perfected so asi
Jto determine what, if any, penalties, interest and taxes may be
owing by the City of Paducah to the Board of Education, and
WHEREAS, issue has been joined on all of the ques-
tions presented and growing out of said alleged claims, and it
appearing that it is to the inte est of all the parties now by
reason of the fact that all of the legal questions involved in said
action which was originally commenced for the prupose of determin-
ing the legal rights of the parties mainly, to settle and adjust
the same on an equitable basis because it would require considerable
time and involve considerable expense to so pe•fect said cause to
comply with the rulings of the Court of Ap-peals that said action
should be adjusted by compromise, EOW, THEREFORE,
BE IT RESOLVED BY THE BOARD % CO'!' -"IS, .IOiv_;i1S OhTHE
CITY OF PADUCAH, KEA TUCKY:
SECTIO? 1.
That a compromise and settlement of said litigation
between_ the Board of Education of said city and the City of
?aducah be comnro_nised and settled at the cost and expense of the
iefendant, City of Paducah, and as an inducement to said compromise
ind settlement that the City of Paducah offer a cash settlement of
'hree Thousand ($3,000.00) Dollars to be paid to said Board of
:ducation upon its agreeing thereto and upon there being entered
'ith the approval of the Judge of the:IcCracken Circuit Court a
udgment carrying into effect said proposed settlement; that the
cceptance of said proposal and the offering thereof shall in
owise prejudice or affect the rights of either the Board of
Page 976
Education or of the City of Paducah until and unless said proposal
be accepted by all parties and confirmed by a judgment of the
McCracken Circuit Court fully and in all respects approving the
same. Opon•the acceptance of this proposal and upon the entering
of a judgment in conformity therewith by the McCracken Circuit
Court all of the :natters in controversy between the parties to thi
action and involved in this action shall be deemed and declared to
be fully concluded and settled.
SECTION 2.
Upon the acceptance of the proposal in th foregoing section
the"Board of Education of said city shall furnish a copy of its
motion or resolution so accepting and ratifying the same, duly
attested by the proper officers of said Board, and thereupon the
Corporation Counsel of the pity of Paducah is authorized and
instructed to cause a judgment to be ente.•ed in said actions
aforesaid, which are now consolidated, carrying into effect said
compromise and settlement, and that the City Manager and the City
Treasurer be authorized to execute proper check in settlement of
said judgment, which judgment shall carry with it the costs of the
action against the city.
blaydr
Passed by the Board of Commissioners February 7th, 1936
Recorded by Rudy Stewart., Clerk, February 8th, 1936