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BEREA COLLEGE UTILITIES v. CITY OF BEREA

691 S.W.2d 235 (1985)

BEREA COLLEGE UTILITIES, a Department of Berea College, Appellant, v. CITY OF BEREA, a Fourth Class City, Appellee.

Court of Appeals of Kentucky.

June 7, 1985.

Attorney(s) appearing for the Case

Flem Gordon, Gordon, Gordon & Craig, PSC, Owensboro, for appellant.

Katherine R. Randall, Katherine K. Yunker, Brown, Todd & Heyburn, Lexington, and James T. Gilbert, Coy, Coy & Gilbert, Richmond, for appellee.

William Thielen, Lexington, for amicus curiae Ky. Mun. League.

Before CLAYTON, GUDGEL and LESTER, JJ.

CLAYTON, Judge.

This is an appeal by Berea College Utilities, a Department of Berea College, from a judgment of the Madison Circuit Court upholding the validity of two ordinances of the City of Berea. The ordinances, numbers 3-83 and 4-83, create franchises for the distribution of electricity and water within the City of Berea. Included among the provisions of the ordinances are requirements for (1) a minimum bid amount equal to 3% of the gross service revenues generated...

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