HomeMy WebLinkAboutOrdinances Book 12, Page 126, No Resolution Number126
A RESOLUTION DECLINING TO EITHER REPEAL OR SUBMIT TO THE VOTERS OF 'WE CITY
OF PADUCAH, 1ENTUCIa, AT THE NEXT REGULAR ELECTION THE QUESTION OF THE PASSAGE OF
AN ORDINANCE UNTITLED: "Ali ORDINANCE PROVIDING FOR THE IMPOSITION OF LICENSE FEES
FOR THE PRIVIIEGE OF ENGAGING IN OCCUPATIONS, TRADES AND PROFESSIONS IN THE CITY
OF PADUCAH, IIITUCEY, BY ALL PERSONS EMPLOYED BY OTHERS, MEASURED BY ONE-HALF OF
ONE PERCENT OF THE GROSS RECEIPTS EARNED ON AND. AFTER THE FIRST DAY OF JULY, 1950;
DEFINING TERI-IS; PRESCRIEING REGULATIONS AND PROVIDING FOR THE ADMIiISTRATION, EN-
FORCEIdENT AND COLLECTION OF LICENSE FEES; REQUIRING THE FILING OF RETURNS AND THE
GIVING OF INFORMATION BY EI4PLOYERS AND THOSE SUBJECT TO SAID LICENSE FEES; IMPOSING
UPON EMPLOYERS THE DUTr OF COLLECTING LICENSE FEES AT THE SOURCE; EXEMPTING CERTAIN
OCCUPATIONS FROM THE PROVISIONS HEREOF; PROVIDING THAT THE LICENSE FEES SHALL BE
PAID INTO THE GENERAL FUND FOR PAYMENT OF GONERAL GOVERNMENTAL EXPENSES OF THE CITY
PROVIDING THE PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL OR DINANrES IN
CONFLICT THEREiIITH AND PRC'%'IDING A SEVERABILITY CLAUSE", WHICH ORDINANCE THE BOARD
OF CO!,BlISSIONERS WAS REQUESTED TO PASS UPON A PETITION FILED 6IITH SAID BOARD AT A
REGULAR MEETING HELD ON AUGUST 22, 1950.
L.�riEREAS, on the 22nd day of August, 1950, the board of Commissioners received
a petition requesting the adoption of an ordinance containing the title quoted
above; and
"IHEREAS, it is not the desire of the Board of Commissioners to grant the
request contained in the petition by repealing said ordinance; and
1.7FEREAS, it is also questionable, as a matter of law, whether the provisions
of KRS 89.610 are applicable to a tax levying ordinance and whether the Board of
Commissioners has the right or that it is its duty to submit the question of the
passage of the aforesaid ordinance to the voters of the city; and
WHEREAS, said petition contains the names of 2005 persons, of which 88
have requested that their names be withdrawn from said petition, which requests
have been granted and their names have been stricken therefrom; and,
WTHEREAS, of the aforesaid total number of names appearing on said petition
113 were signed by the same person or by persons other than those whose names
were subscribed tie reto, and certain of said persons have also requested that
their names be stricken therefrom; and
'WHEREAS, it appearing from the report of investigation prepared by the City
P;:anager that 89 of the persons whose names appear on said petition are not eligible
to sign the same, either by reason of their residence outside the city, their
residence at places other than at the addresses shown in the petition, their
injancy or decease at the time said petition was circulated, their failure to shoe:
an address opposite their names, or a duplication of signatures; and
91IiEREAS, there were 7,217 votes cast for both candidates for mayor at ti`e last
precedin& election for Mayor, and a petition sufficient to meet the requirements of
KRS 89.610 must contain the si.-natures of 1805 voters; and
127
WHEREAS, said petition contains the signatures of only 1713 voters who were
eligible to sign the same and the number of genuine signatures remaining in said
petition are less than 25% of the total number of votes cast for both candidates
for mayor at the last preceding election;
NOIN THEREFORE, BE IT RESOLVED BY THE BOARD OF 001,51ISSIONERS OF THE CITY OF
PADUCAH, KENTUCIff:
SECTION 1. That the Board of Commissioners decline to either repeal or to
submit to the voters of the City of Paducah, Kentucky, the passage of an ordinance
entitled: "AN ORDINANCE REPEALING AN ORDINANCE ENTITLED: TAN ORDINANCE PROVIDING
FOR THE IMPOSITION OF LICENSE FEES FOR THE PRIVILEGE OF ENGAGING IPS OCCUPATIONS,
TRADES AND PROFESSIONS IN THE CITY OF PADUCAH, KMTUCKY, BY ALL PERSONS EMPLOYED
BY OTHERS, MEASURED BY ONE-HALF OF ONE PERCENT OF THE GROSS RECEIPTS EARNED ON AID
AFTER THE FIRST DAY OF JULY, 1950; DEFINING TERMS; PRESCRIBING REGUTA TIONS AND
PROVIDING FOR THE ADMINISTRATION, ENFORCEIdENT AND COLLECTION OF LICENSE FEES;
REQUIRING THE FILING OF RETURNS AND THE GIVING OF INFORMATION BY E,:PLOYERS AND THOS�
SUBJECT TO SAID LICENSE FEES; IItiiPBSING UPON EMPLOYERS THE DEITY OF COLLECTING LICENS
FEES AT THE SOURCE; EXEMPTING CERTAIN OCCUPATIONS FROM THE PROVISIONS HEREOF; PRO-
VIDING THAT THE LICENSE FEES SHALL BE PAID INTO THE GENERAL FUND FOR PAYMENT OT:
GENERAL EOVERNMENTAL EXPENSE OF THE CITY; PROVIDING THE PENALTIES FOR U:E VIOLATION
rffiEREOF; REPEALING ALL ORDINANCES IN CONFLICT THERENITH AND PROVIDING A SEVERAEILI
CLAUSE' , 1''JHICH WAS ADOPTED BY THE BOARD OF COMMISSIONERS ON 1 -:AY 31, 1950, AND AMEND
O? JUNE 27, 195011, which ordinance the board of Commissioners was requested to pass
upon a petition filed with said board at a regular meeting held on August 22, 1950.
SECTION 2. This Resolution shall be in full force and effect from and after
its adoption.
'tem
Passed by the Board of Commissioners August 31, 1950
Recorded b,; Sarah Thurman, City Clerk, August 31, 1950.