HomeMy WebLinkAboutMinutes Book 20, Page 432, May 31, 1941No 432 __----
Proceedings of Board of Commissioners Ci(y of Paducah May 29, 1941 t'av 3],124L ___.
At an adjourned regular meeting; of the Board of Commissionors held II
In the Commissloners Chamber at the City Hall, Paducah, Kentucky, at 10:00 o'clock A.M.
on the 29ty day of May,1941, Mayor Lackey presided and upon call of the roll the follow -1
inr, answered to their nnmes: Commissioners Baker, Blackburn, Dorian, Pulliam and
Mayor Lackey (5).
Mayor Lackey offered the following motion: I move that the letter)
S.D.Hnnnan / �
granted per- of Ed D. Hannan dated May 29th, 1941, requesting that he be permitted to connect his
r!ssien to
connect t7o water line to the main running to and through the property of Senator Barkley and the
water main
on Bland:ille Home Owners Loan Corporation be received and filed, and that said letter be accepted
Road
as his application for permission to make such connection. Adopted on call of the
roll: Ycaa; Commissioners Baker, Blackburn, Dorian, Pulliam and Mayor Lackey (5).
Mayor Lackey offered motion that the motion of the defendant,
Hearin^ of
charges ToTmie Russell, requesting postponement of the hearing of charges preferred against
ccninst Tom-
mie Russell him by Bennie Holt be received and filed, and that said charges be heard before the
postponed
Board of Commissioners at 2:00 o'clock P.1d. on Saturday, May 31st, 1941.
APFROVED:
ROY G. GAR2ISOI7
Attorney for Defendant, Tommie Russell
Adopted on call of the roll: Yeas; Commissioners Baker, Blackburn, Dorian, Pulliam and
'Mayor Lackey (5).
A:journment Mayor Lackey offered motion that this adjourned regular meeting
of the Board of Commissioners be adjourned until 2:00 o'clock P.;,t. Saturday, May 31,
1941. Adapted on call of the roll: Yeas; Commissioners Baker, Blackburn, Dorian,
Pulliam and '.layer Lackey (5). )
ADOPTEDi�m —._,1941 APPROVED:
MAYUF——
ZTY CL`ER��1C��
At an adjourned regular meeting of the Board of Commissioners
heir! in the Commiasioners Chamber at the City Hall, Paducah, Kentucky, at 2:00 o'clock
P.M. an the 31st day of May, 1941, Mayor Lackey presided and upon call o! the roll the I•
fol lowir.: annwrrnd to .heir nnmea: Commissioners Baker, Blackburn, Dorian,
:'ulna^ ani Voyor Larkey (5).
Comnlnsion^.r Baker off,red the followinC motion: Harta,rt
necti,�r. (bf Wallors'.e!n, iailton 'Vallcrstoin, Miss rnry M. Dorian, Charles D. Rhodes, ant Dortch,
::or!r:n,":er tch and his wife, Mnry Eor.l Dortch, rn•l �'trinl.ey 1). Pe tier, file their petitions requesting
Rholo,a &
i•^iterPerm!saisn a: the ^sty of Paducah and Comas:larara of '.'gator ,Yorks to tap the two inch :
wot••r :fines ant !.ho six inch water ..inns ow,.ftd by L. 37. Tones, as ra-leatod and
desar!t_u _n _ ...,ors :fled bl_foro thr: Board of Comm Iia!enera a.' the City of
fa).crab. :aid peti.._ans have Leen r;.provod in writing, by L. M. Jonea, who is the
o.' the ta•o !rrh water e91r. and the raiz Inch water mains dascri"t:ad in atki
It a:�rearirg that the Pat-,' ona have been appr:.vyd as to _^arm and
scf'_ lency by the of 'S. ter '53rks,
' that rane 1
..=, � F t ;ions be cece_ved and filed; and !
-e _, :isa!an,ra sate. Works be r,..;orizea ari omitted to Front the
quthar!tyta 35 111 pet):.i:rsre to ai!aw said coni+:.^.tions to be made rand said pipe lines
can$tr:,lted; a:.d that the comsiaalcn-r3 of Watcr viorks be ajt .arize:l to furnish water
NO. 433
Proceedings of Board of Commissioners City of Paducah May 31, 1941
service, subject to all the conditions and limitations act forth in said petitions and
applicable to water service furnished persons residing outside the City Limits.
It is understood and agreed that nothing in this order, nor in granting
the requests sought in this petitions, shall be construed as an obligation on the part
of the City of Paducah, or its Commisnlonera of Water forks, to purchase said privately
owned water pipe lines when constructed under this permit.
It is further understood and agreed that there is nothing in the
granting of said petitions to obligate the City of Paducah, or its Commissioners off
hater Works to provide water, or any given pressure; and the City shall not be liable
,for lack of pressure or failure of service.
:Adopted on call of the roll: Yeas; Commissioners Baker, Blackburn, Dorian, Pulliam and
Mayor Lackey (5).
;later Connection-
Mayor Lackey offered the following motion: Mra. Lula B. Stewart
Mrs. Lula B. Stewart
&
Phillipa Hushes
and Miss Phillipa Hughes filed their petitions, requesting permission of the City of
Paducah and Commissioners of Water Works to tap the two inch lateral pipe line awned
by L. M. Jones, as requested and described in the petitions filed before the Board of
Commissioners of the City of Paducah. Said petitions have been approved in writing
by L. M. Sones, who is the owner of the said two inch lateral water pipe line described)
in said petitions. It appearing that the petitions have been approved as to form and
sufficiency by the Commissioners of Water :Yorks,
I, THEREFORE, MOVE that said petitions be received and filed and that
the Commissioners of hater Norks be authorized and permitted to grant the authority to
said petitioners to allow said connections to be made, as petitioned for; that the
Commiarioners of Nater Works be authorized to furnish water service subject to all the
conditions and limitations set forth in said petitions, and applicable to water sorvico
}furnished. persons residing outside the city limits.
It is understood and agreed that nothing in this order, nor in granting)
the request sought in these petitions, shall be construed as an obllraLion on the part
of the City of Paducah or its Coamiadionors of Pater Works to purchase said privately
,owned water pipe linos, or any part thoroof.
It is further understood and agreed that thore is nothing in the
:granting, of said pati+:ions to obligate the City of Paducah, or its Commissioners of
hater Works to provide water or any given preasure; and the City shall not be liable
for lark of preaaure or failure of service.
Alopted on call of '.hr roll: Yca.;; Commissioners Baiter, Plaekturn, Dorian, Pulliam and
I
Mayor L,,ckoy (5).
,j Y.ayor Lackey offered the following motion: Woodrow N. Hook and his l
1;.._,,
11cok-r>lam!•.illo
wife, L1111r,m Hoek, Y.nring potltioned the Muyor and Poard of Commlasionora of Uator
'Works for tie privilege of connecting a throe -quarter inch Ilno to the nix inch main i
Or Pah.cah 'Rater 'Norco on tho LIFJndvll.la Road to dupply water to a vacant lot fronting j
SC !eat on the acuth side of the filandvillo Read and adjoining the City Limits of
Pa:+.ucah fcr rho nur,.oaA of pro•:iAinp, wat'+r service to anid lot; and It appear-ing, t1itt
said petlt_cn has been arprevnd as to form and aufficlenoy by the Comm13:1ionera cl'
a -, rka, ac". it fur'h�:r ap,.earing that the p,,t.tlonors have Paid to the Ceadalaalon-�
c s _. .+,_.r hcrks the cam Of 7'8n (310. 0) Dollars, cost of tag;Ping the six Inch main, ,
L'at 410" y^. "Lien t� re.,'ve',i, and f110t1 anis that i
CI ...__r uerks be reuthorized ant H r
--,_t ed to rrant the w tF.orlty
allGw 7ai!i .enGc5etl+n to Go, I;i"h; ani that the Commisdionerd.
and Limitations
set ....., Sr. 3;.1-' 4at,r nt.:iee furr.ishad to persona
Proceedings of Board of Commisnionera City of Paducah may 31. 1991 - I
residing outside the City Limits.
It is understood and agreed that nothing in this
order, nor In the granting of the request sought in the petition, shall be construed
as an obligation on the part of the City of Paducah or its Commissioners of Water Works
.to purchase any part of the pipe line petitioned for.
There is nothing in the granting of this petition
to obligate the City, or its Commissioners of Water Works to provide the water or any
given pressure; and the City shall not be liable for lack of pressure or failure of
service. Adopted on call of the roll: Yeas; Commissioners Baker, Blackburn,
Dorian, Pulliam and mayor Lackey (5).
Mayor Lackey offered motion that the motion of
Motion ask-
ing charges •Tommie Russell requesting the Board of Commissioners to dismiss the charges preferred
be dismissed,:
.aTainot him be received and filed and spread upon the minutes:
"'BEFORE TIIE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH
KENTUCKY"
BEt::dIE HOLT COMPLAINANT
VS: MOTION TO DISMISS CHARGES
TO13±IE RUSSELL DEFENDANT
Comes now the defendant, Tommie Russell, a moves the Board to dismiss
the charges preferred against him by Bennie Holt, for the following reasons:
That on the 21 day of Feb. 1931, the said Bennie Holt was duly and
legally declared by judgment of a court of competent jurisdiction, to wit: McCracken
Circuit Court, to be a person of unsound mind, and was by order of said Court committed
to the 'Western State Hospital, Hopkinsville, Kentucky, which is a hospital for insane
persons, such complainant, and that since said Bennie Holt was by said Court declared
and adjudged to be insane and a person of unsound mind, no order of a court of com-
petent jurisdiction has been made or entered restoring the said Bennie Holt to sanity.
He further says that by reason of the above set out facts, the said
.Bennie Holt, under Section 35 of the Civil Code of Practice, cannot prefer or maintain
said charges or any charge against him.
WHEREFORE, the defendant prays that said charges be dismissed and for �
,all other relief to which he may be entitled.
Roy G. Garrison
Attorney for defendant.'
Adopted on call of the roll: Yeas; Commissioners Baker, Blackburn, Dorian, Pulliam and
Payor Lackey (5).
Tor,ie Run- Mayor Lackey offered the following motion: I move that the Board of
sell !In -
missed from Commissioners adopt as its action and decision upon the chargan preferred against Tommiq�
police dap't
P.ussoll, a police officer employed by the City of Paducah, Kentucky, the following,
judgment:
The hearing of charges preferred by Bennie Holt against Tommie Russell,
a police officer of the city of Paducah, Kentucky, coming on to be heard at this
a3jcurned regular mc -ting of the Board of Commissioners of the City of Paducah, Kentucky,
and the complainant baro;,, present in pnrscn and represented by Richard Bryan, Attorney, '
i
a7:9 the defendant being, also present In p^renn ani roproaontod by Roy Garrison,
Attorney, and the portion havin- announced ready for the hearing, ane the defendant t
hacin, file; a motion for r31smisael of nail char ea, arai the matter havinp• been submit- f
tad to the Eaard u- n the atot m,,nt of chv:rgea, the nopporting affidavits thereto
r,11a^he3, and the t,at1^c;ny of •Attnassea he6r�: ora;ly knfore t!:a t?oard of CO, iso onora,l
R icr, teatl.cny is set c.. in 't.111 in the transcript prepared by Geor;lu bSae Nelson,
met •ry ;ubiic a ex:;:.!ntr In r,r.,i . cr,. ;..'i of '.dcCrr.ocan, state of Kentur,',ty, and
the ..oar: td!np advised;
i
,..fro: 5t:r,t the ot.;•re m.n:i-nod mourn o± the dei'cndant, The. -Ile j
s>?uyyc:l to ....-:lst the c...^:.es 1,7ore,rred s^r.:rst him be, and the same
is hereby overrul-
ed.
It a-;tsrtrz _ r:e teatim-sny itnby Btnnie, Hot
t, R.A.
NO 435
Proceedings of Beard of Commissioners City of Paducah May 31, 1941
Johnson, Troy Clark, Hal Cole, Lieut. 111. H. Stencil, Sam MaGarvoy, that the said
Tommie Ruascll is guilty of violation of rules as set out in the complaint filed
'against him, and that he offered no testimony in his own behalf to deny the statements
of the above mentioned witnesses as to what occurred when he inflicted injuries upon
the said Bennie Holt, and this Board being required to accept as true the testimony
given by the aforesaid witnesses, it is the judgment of the Board, based upon all of
the evidence heard, and by which it must be governed in its decision on the hearing of
this case, that the said Tommie Russell has been guilty of such conduct which justifies
his removal from the police department, and he is hereby permanently dismissed from
service in said department. Adopted on call of the roll: Yeas; Commissioner
Baker, Blackburn, Pulliam and Mayor Lackey (4). Nay; Commissioner Dorian (1)
On motion mooting adjourned.
ADOPTED 1941
CITY PLFRK�•_•J.a�:�
APPROVED:
UA
tiH5#ifitiFiF;?iW�i:�ik+.<:F.s#•'k+k
At a call meeting of the Board of Commissioners held in the Commission-
ers' Chamber at the City Hall, Paducah, Kentucky, at 11:50 o'clock A.N. on the 2nd day
of June, 1941, Yayor Lackey presided and upon call of the roll the following answered
to their names: Commissioners Baker, Blackburn, Dorian, Pulliam and Mayor Lackey
(5).
Mayor Lnckey stated reason of call, to -wit: For the purpose of
appointing an attorney to represent the city in filing suit for Declaratory Judgment
to det^rnine whethr:r or not the judgments ronderod in tax appeal cases in the Quarterly
Court for 1941 aro valid.
Mayor Lackey offered motion that the City Manager be nuthorized to
John L•lr,ckburn _-caoJec.
to tort tax a;,^cal cases employ John Blaci:burn, attorney, to institute a suit in the McCracken Circuit Court
for the purpose a:' having determined the question as to whother the judt-m:onta rendered
In tax appeal cases in the McCracken Quarterly Conrt'in the year 1941 are valid and
nnforciulo; said nt:.orney to receive a fee of $200.00 for prosecuting the suit
through the Circuit Court unci if the case is appealed, he shall be entitled to an
addltlonnl fcc of 'lG0.CO for services rendered in the Court of Appeals.
Adoyt.u:: on cnl: n: the roll.: Yeas; Cooxilunlonera Baker, Dorian, Pulliam and Mayor
,
Lackey (4). Cnnmis Lor.^r Llrickin.;rn proarnnt but not voting.
Cr. r -n t.:cn Md ir. r.t,)ota^ned.
-n
.J �,.
Mayor
s t