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HomeMy WebLinkAboutOrdinances Book 11, Page 558, No Ordinance Number558 AN ORDINA_iCE PROVIDING FOR 1E M PLOYMENT OF COPELAND & ATTORNEYS, TO P?03ECUTE TO _COIICLU3T-ON EIGHTY-TIMSE (83 ) SUITS FILED AND TO BE FILED BY THE CITY OF PADUCAH FOR THE ENFORCEI,ENT OF LIENS �SECURING THE PAYMENT OF AD VALORE1,1 TAXES AND PUBLIC IMPROVEMIENT ASSEMMENTS; AUTHORIZING THE MAYOR PRO TEM TO ENTER INTO A CONTRACT FOR THE EYPLOYI.IENT OF SAID ATTORNEYS UPON THE TERMS AND CONDITIONS SPECIFIED HEREIN; APPROPRIATING TiE SUM OF $4,980.00 FOR THE PAYrdEN OF THE FEES OF SAID ATTORNEYS; AND AUTHORIZING THE TRANSFER OF THE SUM OF ;;2550.00 FROM THE CONTINGENT FUND, ACCOUNT NO. 1500, TO THE ACCOUNT FOR ATTORNEYSf FEES FOR COLLECTION OF DELINQUENT TAXES, ACCOUNT NO. 2467, IAT ORDER TO PROVIDE SUFFICIENT FUNDS FOR THE PAYMENT OF SAID FEES BE IT ORDAINED BY THE BOARD OF CO131ISSIONERS OF THE CITY OP PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah enter into a contract for the am- ployment of Copeland and Keel, Attorneys, to prosecute to con- clusion the remaining eighty-three (83) suits now pending and which are to be instituted by said city for the enforcement of liens securing the payment of ad valorem taxes and public improve- ment assessments, and Stuart Johnston, the Mayor Pro Tem (the Mayor be-n'absent and unable to attend to the duties of his office on account of illness) is hereby authorized and empowered, for and on behalf of the City of Paducah, to enter into a contract with the said Copeland and Keel, Attorneys, said contract to contain the following terms, conditions and agreements: "That the City (meaning the City of Paducah, hereby agrees to employ the Attorneys (meanin^ A. Roy Copeland and Rudy 0. Keel) to represent said city as attorneys in the prosecution of the remaining eighty-three (83) suits now pend inti and which are to be filed for the enforcement of liens against property securin` the payment of ad valorem taxes and public im_rrovement assessments, and to perform all of the legal services necessary to prosecute to conclusion those actions now pending under Amended Petitions Nos. 682, 516, 24, 894, 926, 842, 614, 905, 921, 568, 23, 12, 2, 310, 949, 592, 292, 306, 80, 275, 1.95, 936, 911, 407, 45, 954, 901, 525, 570, 204, 256, 257, 710, 127, 322, 318, 950, 280, 396, 53, 720, 857, 535, 445, 902, 768, 293, 898, 759, 747, 749, 750, 370, 301, 931, 103, 258, 286, 955, 941, 599, and 289 filed in the consolidated actions styled City of Paducah v. J. Fort Aboll, et al; also those pending actions st;rled City of Paducah v. Fred _eyer, suit 559 No. E-3725, City of Paducah V. D. J. Hurley, suit No. E. 4192, City of Paducah v. Fain Sing suit No. E.4216 and City of Paducah v. Mrs. Sudie Snook suit No. E-4199; and to institute and prosecute to conclusion by filing amended petitions or new suits against D. H. Anderson, Ben i$. Allen, Ray Bamberger, 8th Street Baptist Church, 'Nilliam Crutchfield, Jenice Ellis, Arispie Elliott Estate, C. A. Goodwin, Mrs. Minnie Greif, Mrs. Alice Gregory, rLrs. J. H. Hirsch, A. J. Jacobs, Paul Mathews, Mrs. W. C. Shearer, Arllier B. Stubblefield, Gracie Tyler and A. L. Scott, and for the recovery of ad valorem taxes and public improvement assessments owing by them. IN CONSIDERATION WHEREOF, the City hereby agrees to pay to the Attorneys for their services and they agree to accept, subject to the -conditions hereinafter provided, the sum of ,45.00 for the closing of each of the above suits, but said Attorneys shall not be entitled to any compensation for services rendered by them in any suit which shall not be closed, or shall not be concluded within a period of three (3) years from the date of this contract. When all of the aforesaid suits have been closed, provided all are concluded within a period of three (3) years from this date, said Attorneys shall be paid the additional sum of ;.;15.00 for each of said suits, except that in the event a settlement is made by a taxpayer as provided in Faragraph 4, the amount of the additional fee in such cases shall be ;x12.50. In event any one of the above suits shall not be closed within a period of three (3) years from this date either by a sale of the property involved therein or by its dismissal authorized by the City, said Attorneys shall not be paid any part of the aforesaid additional fees of <15.CO or "12.50 per case; provided, how-, ever, the Board of Commissioners may extend the aforesaid period upon the request of the Attorneys. IT IS FURTHER 10Tf;ALLY COVENANTED AND AGREED betireen the parties hereto as follows: (1) That the Attorneys shall have the entire responsi- bility for the examination of the titles to the properties involved in each of the aforesaid suits and, at the time of the closing of any suit by the distribution of the proceeds of sale, said attorneys shall submit to the City Treasurer a certificate stating that the o::Fners of the legal title and all persgns having any interest in the property subject to the taxes and improvement assessments levied by the City of Paducah, as well as all persons having liens against the property, were joined as defendants and Mere properly proceeded against, that all defendants were properly 560 before the Court when the judgment was rendered, and that the description used in the pleadings, in the judgment and in the Commissioner's deed is an accurate description of said property. (2) That the payment of the aforesaid sum of Forty-five 0;45.00) Dollars shall be made for services rendered in each ease when the proceeds of sale have been distributed by order of the Court and the Attorneys have furnished the City with the aforesaid certificate of title to the property from which said proceeds of sale were derived. (3) That in the event any prospective purchaser of propert shall refuse to accept a deed from the City after said City has become the purchaser at a commissioner's sale by reason of any material defect in the foreclosure action, includinr7 but not Ilimi`.ed to the failure of said Attorneys to join any person, firm or corporation .-.-he may have been a necessar;r party to lthe action, or thr it failure to properly Proceed against the parties to said action, or the use of an incorrect or improper description in the pleadings or judCraent or Commissioner's deed, the Attorneys shall render such further services as may be necessary for the purpose of parfectin� said foreclosure action or shall cure said defects by obtaininc- affidavits, quitclaim deeds, deeds of correction or zxhatever instruments are necessary to vest in the city a good and valid title, provided the con- sidorations for obtainin such instruments shall be paid by the City. II(4) That in the event the taxes and improvement assessment sued on and the court costs incurred in any suit shall be paid in full before a judgment is rendered, or if the City of Padudah shall, by and through the a-pproval of 'its board of Commissioners, accept the offer of any defendant to pay in installments the amount of the taxes and.or improvement assessments and court costs owing by him, such case shall be considered closed notwithstanding the fact that the action shall be permitted to pend on the docket, ,in which event the Attorneys shall be paid1 he sum of Thirty- seven and 50/100 (k37.50) Dollars for services rendered in such ,suit, the payment thereof to be made when the City has approved the payment of said indebtedness in installments. (5) The Attorneys shall furnish all paper, printing and oter stenographic supplies and all of the legal work shall be done with 'out expense to the City. Provided, however, the City shall pay j 1I i ;all court costs chargable to it, the expense of obtaining sureties ion bonds executed pursuant to Section 410 of the Civil Code, expenses .I ;for appraisals when such work is necessary before a deposition 'lean be taken, and any other similar expense which must be incurred is 561 in order to bring the suits to a conclusion. It is also under- stood that the attorneys shall have the right to use the remainder of the printed petition forms and judgment forms which the City now has on hand. (6) That in the event it shall appear to the Attorneys that i the prosecution of a suit further will not result in the recovery of any part of the taxes and/or improvement assessments owing the City, they shall report in writing to the Corooratioh Counsel their reasons for believing that it would be useless to contineu the prosecution of such suit and if he concurs, such suit shall iiith the consent of the ?oard of Commissioners, be dismissed and closed. (7) Any case shall be considered closed when there has been ente,ed in it a final arpealable order in the LicCracken Circuit Court. if a case sl^all be carried to the Court of Appeals by any taxpayer feelin himseld aggrieved by the judgment of the lower court, or if t City small appeal anycase, such case shall be considered closed, but the Attorneys agree to assist the Corporation Counsel without additional compensation if any suit should be appealed by a defendant, a cross -petitioner or the City. (8) The Attorneys shall exercise due care and diligence in the preparation and prosecution of each of said suits, shall inspect each niece of property before it is sold at the Com- missionerfs sale, and shall at';end each sale and submit bids for the City in the manner most advantageous and to the best nterests of the City. Provided, however, the City '.'anager or the Board ofCommissioners reserve the right to fix in advance of any sale the maximum amount which the Attorneys may bid for any lot or parcel of land which is ordered to be sold. (9) The Attorneys shall furnish the City 75anager with a written report concerninrr the status of each suit if they are at any time called upon to do so." SECTION 2. There is hereby appropriated the sum of ,;;4980.00 for the payment of the fees of said Attorneys for the prosecution of said suits pursuant to the provisions of the aforesaid Contract. As there now remains in Account No. 2467 provided for Attorney's fees For Collac of Delinquent Taxes the sum of only "3330.00 of which the scar. of approximately ;900.00 has thus far been and will be obliZated durin the year 1948 for the prosecution of said suits, leaving available in said account- a balance of only 2430.00 .for payment of the fees of the.said Copeland and Keel, there is hereby transferred from the Contingent Fund under Account iVo. 1500 to the Account for Attorneys 562 Fees for Collection of Delinquent Taxes undor Account ;;o. 2467, the sum of "2550.00 in order to provide sufficient funds for pay- jImen't of the fees of said Attorneys. SECTION 3. The City Clerk is herebu authorized to cause to be publis lin the Sun -Democrat a notice of the introduction of this ordinance Hand the proposal to make the aforesaid transfer of appropriations for the year 1948 to provide the sum necessary for payment of the fees of said Attorneys, said notice to be published at least one week before this ordinance shall be put upon its final passage. SECTIO'! 4. This ordinance shall be introduced and remain on filo for public inspection until the notice of the tranz•fer of funds as provided herein shall have been published as required by law and shall be put upon its final passage after such.publication. (Inasmuch as it is necessary to immediately employ Counsel to begin the work of prosecuting, said suits in order to have ready for sub- mission at the September Term of the ;,:cCrocken Circuit Court as many actions as possible, the public health, safety and welfare of the City of Paducah reeuire that an emergency be declared, and this ordinance shall be in full force and effect from and after its adoption. , _ r� �2_� iaa,; or Pro Tempi C� Commiss_oner k ,eo. E. AJ-Te—n,'— introduced Tien, introduced by the i:oard of Commissioners June 15, 1948 Passed by the roard of Commissioners June 30, 1948 Recorded by Sarah Thurman, City Clerk, June 30, 1948.