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A Resolution authorizing the Dept. of Law, on behalf of the Urban County Government, to enter into a Memorandum of Understanding with Ky. Utilities Co. related to its tree cutting practices, to dismiss the Government's injunction lawsuit against the Co. (Fayette Circuit Court, Case No. 21-CI-03574), and to take any other additional necessary related actions. [Council Office, Maynard]
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WHEREAS, the Lexington-Fayette Urban County Government filed an injunction lawsuit against Kentucky Utilities Company in order to stop the Co. from cutting down additional trees in certain areas of Lexington-Fayette County; and
WHEREAS, the Co. ceased tree cutting as a result of the lawsuit in an effort to amicably resolve this matter with the government; and
WHEREAS the parties have reached an Agreement related to how tree cutting by the Co. will be performed in Lexington-Fayette County, which: (a) will result in saving approximately 50% of the trees that would have been cut under the Co.'s previous policies, (b) addresses the primary concerns related to tree cutting that have been raised by the government, (c) will go into effect immediately upon the approval by the Lexington-Fayette Urban County Government, and (d) is summarized in the attached Memorandum of Understanding; and
WHEREAS, the parties agree to dismiss the lawsuit against the Co. with prejudice as part of the Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That the above recitals are incorporated herein by reference as if fully stated.
Section 2 - That the Department of Law, on behalf of the Lexington-Fayette Urban County Government, be and hereby is authorized to execute the Memorandum of Understanding with Kentucky Utilities Company related to its tree cutting practices, which is attached hereto and incorporated herein by reference.
Section 3 - That the Department of Law be and here...
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