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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