HomeMy WebLinkAboutOrdinances Book 10, Page 1543, No Resolution NumberA RESOLUTION PROVIDING FOR THE EXECUTION OF AN IN-
JUNCTION BOND IN THE SUM OF $5,000.00 BY THE CITY
OF PADUCAH PURSUANT TO THE ORDER OF THE Mo CRACKEN
CIRCUIT COURT ENTERED IAT THE ACTION OF TiIE CITY OF
PADUCAH, ET AL., VS. KENTUCKY UTILITIES COMPANY ON
DECEMBER 16, 1946, AND AUTHORIZING THE CITY I4ANAGER
TO ARRANGE WITH A BONDING COMPANY TO EXECUTE SAID
BOND AS SURETY FOR THE CITY OF PADUCAH
WHEREAS, in the action of the City of Paducah, et al vs.
Kentucky Utilities Company now pending in the McCracken Circuit
Court, an order of injunction was issued on December 4, 194,;
against the defendant, Kentucky Utilities Company, requiring and
commanding the defendant to appoint an appraiser who, together
with the appraiser appointed by said city, were required to ap-
praise and fix the value of the company's electric utilities
system as provided under the franchise referred to in the plead-
ings in said action; and,
WHEREAS, under an order entered in said action on December
16, 1946, the City of Paducah is required to execute on or be-
fore December 21, 1946, a bond containing the covenant that said
city will pay the Kentucky Utilities Company such damages, not
exceeding the sum of $5,000.00, which said company has sustained
or will hereafter sustain by reason of its compliance witk said
order of injunction of December 4, 1945 if it is finally decided
in said action that the aforesaid order of injunction should not
have been granted;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF PADUCAH, KENTUCKY:
SECTION ONE
That the City of Paducah, Kentucky, execute and deliver to
the Kentucky Utilities Company a bond in the penal sum of $5,000.(
the condition of said bond being that the City of Paducah will pay
the Kentucky Utilities Company such sum in damages, not exceeding
$5,000.00, which said company has sustained or will hereafter
sustain by reason of its compliance with the provisions of the
aforesaid order of injunction of December 4, 1946, if it is
finally decided that said injunction ought not to have been
granted; that the Mayor and the City Clerk are hereby autho-
rized and empowered to execute said bond for and on behalf of
the City of Paducah; and the City Manager is authorized to ar-
range with a bonding company to execute said bond as surety for
the City of Paducah and to pay the premium therefor, the amount
of such premium to be charged to the contingent fund.
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J SECTION TWO
This resolution shall be in full force and effect from and
after its adoption.
—A7a yor
Passed by the board of Commissioners December 17th, 1946
Recorded by Sarah Thurman, City Clerk December 17th, 1946.