HomeMy WebLinkAbout2012-4-7917ORDINANCE 42012-4-7917
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY OF
PADUCAH, KENTUCKY, TO SATISFY AN ORDER OF THE COURT AWARDING
ATTORNEY FEES AND EXPENSES TO COUNSEL FOR PLAINTIFFS IN BARRY
T CARTER, ET AL. v. THE CITY OF PADUCAH, KENTUCKY, McCRACKEN CIRCUIT
COURT CIVIL ACTION # 06 -CI -00072 IN THE AGGREGATE SUM OF $121,854.00
WHEREAS, the City has previously satisfied a Stipulated Judgment for payment of
certain unpaid wages in the lawsuit filed against the City of Paducah, Kentucky by current and
former firefighters which lawsuit was styled Barry Carter et. al. v. City of Paducah, Kentucky,
McCracken Circuit Court Civil Action #06 -CI -00072; and
WHEREAS, the counsel for Plaintiffs filed a petition with the Court for an award of
attorney fees and expenses as permitted under Kentucky's wage and hour laws codified at KRS
337.385; and
WHEREAS, the legal liability of the City of Paducah, Kentucky for attorney fees
and expenses claimed by the plaintiffs was established by the McCracken Circuit Court's ruling
contained in a Memorandum and Order Granting Plaintiffs' Motion for an Award of Attorney Fees,
in Part, and entered on April 4, 2012.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY THAT:
SECTION 1. Approval and Authorization for Satisfaction of Order Awarding
Attorney. The City's Finance Director is hereby authorized and directed to expend funds to
satisfy the Order Awarding Attorney Fees in full for the aggregate amount of $121,854.00.
Payment shall be made to the law firm of Woodley & McGillivary, counsel of record for the
plaintiffs in the above referenced suit.
SECTION 2. Severability. If any section, paragraph or provision of this Ordinance
shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 3. Compliance with Open Meetings. The City Commission
hereby finds and determines that all formal actions relative to the adoption of this Ordinance were
taken in an open meeting of this City Commission, and that all deliberations of this City
✓` Commission and of its committees, if any, which resulted in formal action, were in meetings open
to the public, in full compliance with applicable legal requirements.
SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in
conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and
the provisions of this Ordinance shall prevail and be given effect.
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SECTION 5. This ordinance shall be read on two separate days and will become effective
upon summary publication pursuant to KRS Chaptei
ATTEST:
City Clerk
Introduced by the Board of Commissioners, April 17, 2012.
Adopted by the Board of Commissioners, April 24, 2012.
Recorded by City Clerk, April 24, 2012.
Published by The Paducah Sun, May 1, 2012
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