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HomeMy WebLinkAboutOrdinances Book 10, Page 1507, No Ordinance Number1'SOJ� AN ORDINANCE AUTHORIZING THE SETTLI3IIEII1' BY COMPROI,iISE OF THE LIABILITY OF THE CITY OF PADUCAH TO THE NATIONAL CAST IROI 1JIPZ COMPANY BY PROVIDING FON TILE REIIDITIOII 0? AGREED JUDGI-1F�NTS IN THE AG"REGATE SU1,; OF •!1"2.3,000.00 IDI THIRTY (30) SUITS INSTITUTED BY THE NATIONAL CAST IRON PIPE COMPANY AGAINST THE CITY OF PADUCAH IN THE VcCRACKEN CIRCUIT COURT; PROVIDING FOR THE APPROPRIATION OF THE SUM OF 4.5,515.£39 FOR THE IE1MM=ATE PAY1.1ENT OF THE AGREED JUDG1,1SIQTS RENDERED IN THREE OF SAID SUITS; AND PRE6CR16IDG TH- TERM'S AILD CONDITIONS UPON '. HICH TEE RE!.:AINDER OF SAID JUDGME-11T.3 6HALL En PAI! .'HEREAS, there are now pending in the idcCracken Circuit Court thirty suits wherein the National Cast Iron Fipe Company is seeking the enforcement of its liens against property as se- curity for the pa;mient of pertain sewer improvemnent assessments levied against said property onr'ebruary 16, 1930; and, ;JHEREAS, in each of said suits the National Cast Iron Pipe Company is asking for the recovery of a judnment aCainst the City of Paducah if it is adjudged by the Court that the as- sessment levied against the property amounted to spoliation; and, "JHEREAS, in a suit styled City of Paducah vs. Rational Cast Iron Pipe Company, 300 Ky. 457, the Court of Appeals has held that if a special assessment levied against property ex- ceeds its fair and reasonable market value at the time of the levy, the City is liable to the holder by assignment of the as- sessment bills in a sum equal to the difference between the total amount of the assessment and one-half of the Value of the property at the time the assessment was levied, plus interest; and INHEREAS, the total of the unpaid special assessment bills in the aforesaid actions amounts to n33,287.04, with interest at Six (6) percent per annum from February 16, 1930 until paid; and, 'i:HMEAS, by reason of the exceedingly low market value of some of the property involved in said suits at the time the aforesaid assessments were levied and the accumulation of inter- est on the principal sum of ;K 33,287.04 since February 16, 1930, it is deemed advisable to settle by compromise tine liability of the City of Paducah in all of said suits by authorizing the rendition of agreed judgments against the City in the aggregate sum of N23,000.CO; and, 'WHEREAS, there has been appropriated to the Legal Department for settlement of suits and claims during the year 1946 the sum of only ;8,000.00 and the amount of said appropriation which has 15o3 not yet been used will not permit said City to obligate itself for payment of all of said judgments, or for payment of judgments in more than three of said cases amounting to •5,515.39; U01.7 THEREFORE, F_E IT ORDAINED 3V THE LOARD OF COi.jr.1LiSIONER.°, 0'r' TIS: CITY OF PADUC AH: SECTION 1. That the liability of the City of Paducah to the National Cast Iron Pipe Company in each and all of the thirty (30) suits which have been filed by said company foo the enforcement of liens against property securing the pa:nnent of server improvement bills be settled upon the following terms and conditions: (1) That the Corporation Counsel be authorized to agree to the filing of a judgment against the City of laducah in the sum Of :;;1,310.16 in the suit against Smith Helfer Feed and PSilling Company, No. r-2964, ;;1,957.51 .in the suit against irs. Rosena (J. Bradshaw, No. E-2051, and .•12,263.22 in the s uut against Q. L. Shelton, No. E-2932, together with the costs of court incurred in each of said actions, and that the total sum of ,-15,515.89 be immediately paid in full settlement and satisfaction of the lia- bilit., of the City in these suits. (2) That the Corporation Counsel be further authorized to a,;ree to the £ilinS. of an agreed judgment against the City of Paducah in the sum of ;;3,913.75 in the suit against J. A. Dos - sett, No. E-2928 and :,';:2,594.79 in the suit against J. C. Rieke No. 2934, with interest on said sums from the date of the filing of said judgments at the rate of Six (6) percent per annum until paid, together with all costs of court incurred in said actions to and including the cost of filing an agreed judgment in each case. (3) That the Corporation Counsel be further authorized to agree to the filing of an agreed judgment against the City of Paducah in the sum of ;;2,975.81 in the suit filed against P. E. Barnes, No. E-2963, and :;;2,325.53 in the suit filed against J. Chris Holt, No. E-2931, with interest on said sums from the date of the filing of said judgments at the rate of Six (6) per cent per annum until paid, together with all costs of court incurred in said actions to and in- cluding the cost of filing an a.reed jud,%,rent in each case. (4) And that the Corporation Counsel be further autho- rized to agree to the filing; of an agreed judgment against the City of Paducah in the sum of •x:1,087.95 in the suit igainst G. W. mod, No. E-2929; :,';783.71 in the suit afainst 1509" Dow Caldwell, No. E-2930; •x590.04 in the suit against firs. Lena Y. Utterback, No. E-2933; ;70.30 in the suit against S. A. Fowler, No. E-2967; x;134.40 in the suit against Kath- leen Purgess, No. E-2966; ;;117.17 in the suit against Abell A7otov Company, No. E-2923; •117.17 in the suit against J. A. Gardner, No. E-2962; •j 25.39 in the suit against Y-rs. Hassie Signal, No. E-2324; ',28.27 in the suit against i„rs. ileilie 3chmaus, No. E-2950; ;;234.34 in the suit against E. ':, l;hit- temore, No. E-2960; .;;:45.23 in the suit against A. Gardner, No. E-2963; .;;221.43 in the suit against Richard G. Terrell, No. E-2972; 5}284.05 in the suit aga.nst 'rs. '..aZgie I>artinen No. E-2926; ;-117.17 in the suit against B. F. Champion, No. E-2921; x142.02 in the suit against Lee Jones, Suit Ivo. E-2922; •;1112.80 in the suit against George C. Hu.,hes, No. E-2365; ;64.52 in the suit against Elizabeth F:illcins, ',do. E-2953; •11.58.58 in the suit agains t T. E. Lydon, No. E-2955; .,,234.34 in the suit against T. C. Metcalf, No. E-2954; ;1255.65 in the suit against L. L. Alex- ander, No. E-2959; :;226.17 in the suit against Charles A. Cox, No. E-2950; 106.26 in the suit against A. H. Outlaw, ',,,To. E-2959; and 117.17 in the suit against T. C. T.'etcalf, Suit 1'o. E-2952; with interest at the rate of Six (6) per cant per annum on each and all Of the aforesaid -judgments from the date of the entry of said judg1 ments until paid, together with all costs of court incurred in said action to and including the costs dor filing a judgment in each case. SECTION 2. Each of said judgments shall provide that if is should be set aside or declared void for any reason while unpaid, neither th National Cast Iron Pipe Company nor the City of Paducah shall be b and by the agreements contained therein and the question as to the Value f the property as of the assessment date in such case wherein the ju g- ment has not been paid, the liability of the City in such case, an all other questions shall be submitted to the Court as if said agr ed judgment has never been entered. SEC TION 3. There is hereby appropriated the sum of 95,515.89 for the full payment and satisfaction of the agreed judgments to be renderld in the aforesaid suits against the Smith Helfer reed and Milling Com- pany, et al, Lips. Rosena 17. Bradshaw, et al, and iz. L. Shelton, et al, the amount of said payment to be charged to the appropriation to the Legal Department for the settlement of suits and claims un- V der the apportionment for the year 1946. 1.510 3EC TION 4. Each of said judgments shall contain the agreement of the parties that as to the defendants, pwners of the property described in the petition, and as to the defendant, City of Eaducah, the acts n is a servable action and the rendition of the judgment against the i City shall not in any way affect the ril-hts of the other parties to said action, that the plaintiff shall not relinquish any right it may have to be adjudged a lien against the property as security for the payment of that portion of the improvement assessment not exceeding one-half of the value of the property as of February 16, 1930, and that the defendants, as the owners of the property, shall not relinquish any defense or defenses they may have to the plain- tiff's action to -enforce a lien against their property, including any defense they may have with respect to the value of said propert at the time said improvement assessment was levied against it, and that all questions as to the right of the plaintiff to be adjudged a lien against the property and the amount of such lien, if any is adjudged, are to be left open for the further orders of U -B Court. Each of said judgments shall further provide that any subsequent action taken by the plaintiff and the defendant owners of the prop- erty involved in the action in enforcing or protecting their respective rights shall no L- in any manner affect the right of the plaintiff to enforce the satisfaction of said agreed judgment or affect the determination of the amount of the liability of the City of Paducah as therein adjudged. SECTION 5. This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file for public inspection at least seven (7) days in the completed form in which it shall be put upon its final passage, and if adopted it shall be in full force an effect ten (10) days thereafter. Introduced by the Board of Commissioners, October 22, 1946, Passed by the Eoard of Commissioners October 29, 1946 Recorded by Rudy Stewart, City Clerk, October 29, 1946.