HomeMy WebLinkAboutOrdinances Book 11, Page 31, No Resolution Number31
A RESOLUTION AUTHORIZING WAYNS C. SEATOTI, UAYOR OF THE
CITY OF T-ADUCAH, KENTUCKY, TO NOTIFY L. R. H0;1:30N, THE A?PRAISER
' AFFOINTED EY THE CITY OF PADUCAH TO Ar?RAISE Tib ELEC MIC UTILITY
SYSTEM OF T?IE KENTUCKY Ul'ILITIEO COTr;PANY, TO CONTINUE ON T.'AI?CII
lst, 1947 THE '.70RK OF AFPRAISIIuG SAID SCSTET,: AND TO COI.PLETE
SAID AiPRAI3AL PURS�AIIT TO 'c%i OPDi?R OF THE .*r,CRAC?; H CIRCUIT
COUNT 7;TrRED I.; TI±_; ACTIO1': OF THE CITY OF PADUCAH, KEN`IUMCC,
ET AL., V3. KFiI_JCi_Y UTILI'IE,3 CO1,:FA NY ON FEBRUARY 19th, 1947
'.7HErREAS, an injunction has been issued against the Kentucky
Utilities company in the action of City of iaducah, Kentucky, et al.,
vs. Kentucky Utilities Company under an order of the I:ScCracken
Circuit Court entered on Gebruary 19th, 1947, which order is in
words and figures as follows; to-,,,it:
"This cause comin on for hearc,r;C, on the motion of
the plaintiffs for an extension of time for completion
of the appraisal of the electric system of the Kentucky
Utilities Company for the Purpose provided in the franchise
ordinance referred to in the pleadings herein, and it appear-
in to the Court that under the order of the Honorable Thos.
S. Dawson, Jndle of the Court of Appeals, the ,notion of the
defendant, _:entucky Utilities Company, to dissolve the Temporary
Injunction --ranted to the Plaintiffs under the order of this
Court on December 16, 1946 requiring the defendant to have the
appraiser, J, Samuel Hartt, proceed with said appraisal as
provided in said franchise ordinance, has been dissolved;
"And, it further appearing to the Court that by reason
of the filing of the motion by the defendant to dissolve said
injunction and the suspension of said injunction pendinZ the
disposition of said motion by the Court of Appeals, the appraisers
were not permitted to begin their work after the order of
December 16, 1946 was entered and they will be unable to
(complete said appraisal by April 1, 1947 as provided in said order;
"And, it further anpearin to the Court that, as pro-
vided in said order of December 16, 1946, the plaintiffs have
lexecuted before the clerk of this Court a bond, with approved
surety, obligating the plaintiffs and their surety to pay to
the defendant such damages as it may sustain, not exceeding,,
Ihowever, the sum of ,j3000.00, if it.be finally decided that
jsaid order of injunction should not have been entered;
IIIt is now ordered by the Court that the ;-laintiffs,
II otion to brant to the plaintiffs and to the defendant an
Ilextention of time within which they may mave the appraisers
liappointed by them complete the work of appraising, the electric
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system of the Kentucky Utilities Company for the purpose provided
in said franchise ordinance be, and the sane is hereby sgstained
and said Board of Appraisers is liven until June 1, 1947 to
complete their appraisal of said electric system. The Foard of
Appraisers shall continue with their work of appra1r1nC said systc
on Larch 1, 1947, and the two members 3f said board who are now
serving, or three, if said two members shall be unable to agree
upon the fair and reasonable value of said system, are given
until July 1, 1947, :within which to complete their appraisal
and to file a report of said appraisal with the Loard of Comm-
issioners of the City of Paducah.
"It is further ordered b,y the Court that an order of
injunction be issued against the defendant by the Cler't of
this Court, requiring and commandins- the defendant to have its
appraiser, J. Samuel Hartt, proceed on ','arch 1, 1,947 with the
appraisal of its electric system in the City of Paducah,
Kentucky, in compliance •.vitt;* and for the purposes provided
in said franchise ordinance, and the said J. Samuel Hartt,
toTMether with L. R. Howson, the appraiser appointed by the
plaintiffs, shall continue with the work of makinE said
appraisal, and the said '?artt and Howson, the two members
of said Board of Appraisers, or three members of said board
if said two members do not agree upon the fair and reasonable
value of said system, in which event a third member to act
as umpire shall be selected by them or by the Judge of the
United States District Court for the Western District of
Kentucky, as provided in said franchise ordinance, shall
complete their appraisal and file with the board of commissioners
before June 1, 1947 their written appraisal report fixinZ the
value of said electric system. To all of the foregoing order
the defendant, Kentucky Utilities Company objects and excepts.
Joe L. Price
Judge "
NOW TiMEREFORE, BE IT RESOLVED BY THE BOARD OF COLI) SIOP7ERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION 1.
That Tayne C. Seaton, Mayor of the City of Paducah, be
authorized to notify L. R. Howson, the appraiser appointed by the
;ity of Paducah to appraise the electric utility s_,,stem of the
'entucky Utilities Company, to continue with the work of appraisin
3a±d system on March 1st, 1947 in compliance with the provisions
>f the aforesaid order, arra that the .;aid L. R. Howson be notified
;'at he, together with J. Samuel Hartt, the two mmbers of the
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Board of Appraisers, to three members of said board if said two
members do not agree upon tie fiar and reasonable value of said
system, in P.,hich event a third member to act as umpire shall be
selected by them or bj the Judge of the United States District Couz
for the western District of Kentucky as provided in the franchise
ordinance, are to complete their appraisal and file with the Eoard
Commissioners of the City of Paducah before June 1st, 1947, their
appraisal re ort fixing the value of said electric system.
SECTION 2.
That a copy of this resolution be mailed to L. R. Howson,
Alvord"Burdick & Howson, 1401 Civic Opera Building, Chicago, Illin
and a copy be mailed to R. M. '::att, President of the Kentucky
Utilities Company, Lexington, Kentucky.
SECTION 3.
This resolution shall be in full force and effect from
and aftet its adoption.
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Passed by the board of Commissioners, February 22, 1947
Recorded by Sarah Thurman, City Clerk, February 22, 1947.
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