HomeMy WebLinkAboutOrdinances Book 10, Page 1059, No Resolution Number1059 /
A RESOLUTION FIXING THE DATE OF SALE OF MOTOR BUS
WHEREAS, on the appeal of the action instituted in the
L.cCracken Circuit Court by Pierce E. Lackey, against w. C. Seaton,
et al., to restrain the City of Paducah from selling Yotor Bus
Franchise No. 2, the Court of Appeals reversed the judgment of the
Lower Court and adjudged that said franchise be ordered sold; and,
WHEREAS, on the 13th day of October, 1944 the mandate iss
by the Court of Appeals was filed in the McCracicetn Circuit Court
said Court entered a final judgment which is din words and figures
as follows, to -wit:
"On this the 13th day of October, 1944, came the
parties and by agreement, it is ordered that this action be
and the same is hereby submitted to the Court for final trial
and judgment consistent with the opinion of the Court of
Appeals prosecuted by the defendants from the judgment of'this
Court rendered April 24, 1944.
"The court being advised and having considered the opinion
of the Court of Appeals rendered herein, doth adjudge;
"That Plaintiff's petition be, and the same is hereby dismissed,
and that plaintiff tale nothing thereby.
"That the defendants recover of the plaintiff, Pierce E. Lackey,
the costs of this action, including the costs incurred upon
the appeal which are taxable as part of the costs in this court
for all of which an execution is awarded and may issue upon
order of defendants' counsel.
"That this cause be and the same is hereby stricken from the
docket."
NOIN THEREFORE, BE IT RESOLVED BY THE' LOARD OF CO!;u;:I.3SI
OF THE CITY OF PADUCAH, K&UTUCKY:
SECTION 1.
That Tuesday, November 7, 1944, at the the hour of 12:00
o'clock Noon, is hereby fixed as the date and hour for the sale
of the Motor Blas Franchise under the provisions of an ordinance
entitled:
"AN ORDINANCE DIRECTIFI TIIE CITY I.IANAGER OF THE CITY OF
PADUCAH, KENTUCKY TO 3ZLL A FRAI:CHISE AUTHORIZING THE
PURCHASER TO MAINTAIN A71D OP Rr'I'E MOTOR PA33EIIGER BUSES
OVER AIM UPON TIL STREETS, AVEIIUE3 AND PUBLIC '.JAYS IN
HE CITY OF PADUCAH AND FIXING THE TERI.13 AND CONDITIONS
OF THE EXERCISE OF SAID GRANT"
which was adopted by the Board of Commi-9sioners on February 1st,
1944 and became effective on February 11, 1944.
SECTION 2.
The City 11anager will cause to be published in the offic's
newspaper of the City of Paducah for five (5) consecutive issued
(Sunday included) next prior to and including the date of said sal ,
a notice of the time, terms and place of sale as provided in said
ordinance.
1060
SECTION a.
This resolution shall be in full force and effect from
and aftor its adoption.
Passed by the Board of Commissioners, Oct. 17, 1944.
Recorded by Rudy Stewart, City Slerk, Oct. 17, 1944