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HomeMy WebLinkAboutOrdinances Book 11, Page 926, No Ordinance Number926 i L/ AN ORDINANCE PROVIDING FOR THE EMPLOYMENT OF H. NARREN MIDDLETON TO PROSECUTE TO CONCLUSION EIGHTY-SIX (86) SUITS FILED AND TO BE FILED BY THE C27Y OF PADUCAH FOR THE ENFORCEMENT OF LIE SECURING THE PAYMENT OF AD VALOREM TAXES AND PUBLIC IMPROVEMENT ASSESSMENTS; AUTIIORIZINfr THE MAYOR PRO TEM TO ENTER INTO A CON- TRACT FOR THE EMPLOYIf.ENT OF SAID ATTORNEY TO PERFORM SAID WORK FOR A TOTAL FEE AMOUNTING TO :6,570.00; AUTHORIZING THE TRANSFER OF $4750.00 APPROPRIATED IN 1948 FOR SERVICES OF DELINQUENT TAX ATTORNEYS TO THE APPROPIRIATION III 1949 FOR PAYMENT OF THE FEES ;'JHICH 'riILL BE OWING THE SAID H. INARREN MIDDLETON, AS 'r7ELL AS THE TRANSFER OF "1,820.00 FROIv; THE CONTINGENT FUND FGR PAYMENT OF THE REMAINDER OF THE FEES TO ',*i%ICH THE SAID H. WARREN MIDDLETON STILL BE ENTITLED UNDER SAID CONTRACT BE IT ORDAIN=- BY THE BOARD OF COIdS'ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah enter into a contract for the employment of H. Marren Middleton, Attorney, to prosecute to conclusion the remaining eiShty-six 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 improvement assessments, and Stuart Johnston the Mayor Fro Tem and Acting Mayor, is hereby authorized and empowered, for and on behalf of the City of Paducah to enter into a contract with the said H. Warren Middleton, Attorney, which contract shall be in words and figures as follows, to -wit: "That the City (meaning the City of Paducah) hereby agrees to employ the Attorney (meaning H. 17arren Middleton) to represent said City as Attorney in the prosecution of the remaining eighty-six (86) suits now pending and which are to be filed for the enforcement of liens against property securing the payment of ad valorem taxes and public improvement assessmen and to perform all of the legal services necessary in the prosecution of said suits for which he will receive fees in amounts as follows: Amended Petition Defendant Fee ts, D. H. Anderson $70.00 682 Thurston A. Anderson 50.00 516 Hallie & Plez Adams 80.00 Ben M. Allen 90.00 24 ✓ 111. K. Berryman 150.00 894 Mrs. Nilhemina Bernhard 60.00 Ray Bamberger 60.00 926 12th Street Baptist Church 20.00 8th Street Baptist Church 80.00 842 C. A. Cawthorne 100.00 William Crutchfield 90.00 906 Mrs. Callie Dougal 70.00 921 Artis anner DEllis 00 Janice 58:00 ts, 927 vihich amended petitions are filed in the conso;idated actions styled City of Paducah v. J. Fort Abell. And for which he shall also receive in separate suits instituted by the City of Paducah the following amounts: E3725 Fred Beyer ;;100.00 E4192 D. J. Hurley 30.00 E4216 Fain King 40.00 E4199 Mrs. Sudie Snook 40.00 Arispie Elliott Est j90.00 568 J. W. Eaker 60.00 2 Julia Ford 90.00 310 Foreman and Lackey 90.00 949 Mrs. Kate Guill 50.00 C. A. Goodwin 90.00 MI -vs. Minnie Grief 80.00 I:irs. Alice Gregory 90.00 592 Ada Gordon 70.00 292 Katherine Gallagher 90.00 80 J. C. Gilbert Est 100.00 276 George C. Hughes 60.00 495 Kelly Harris 90.00 936 John Herzog Est 80.00 Mrs. J. H. Hirsch 90.00 911 Sisie Haward 20.00 407 Dexter Howell 40.00 45 William Husbands 90.00 954 1.7illiam Husbands 150.00 P01 A. J. Jacobs and Fox 80.00 A. J. Jacobs 90.00 525 R. '. Jgcobs 100.00 570 Susie Johnson 70.00 2C4 Nellie :;. Jones 80.00 256 I.Irs. Edward Kartenen 80.00 257 J. ';;. Little E,'st 40.00 710 George Lennox, Est 90.00 127 Gus Lockwood 70.00 322 C. E. Lowry 40.00 318 Jack McCatherine 90.00 950 Alonzo McNeill 50.00 280 Mary D. and George .:ills 100.00 763 Mlocquot & Taylor 20.00 Paul 1,1a t hews 70.00 396 Alfred C Emily Meyers 80.00 53 Ira Morgan 80.00 720 D.C.Morton Est 90.00 857 Alex Overstreet 100.00 536 Mary G. Palmer 80.00 445 John 7J. Polk, 80.00 902 E.H.Puryear 50.00 768 James Porter 50.00 293 '3illard Riley 60.00 898 Julia Rahr 90.00 759 '.V.F.Roberts 70.00 747 Ulysses Ross 90.00 749 Green Rowe 80.00 750 John Russell 80.00 370 Joe Reeder 80.00 931 L. D. Sanders Estate 80.00 103 A. H. Schoening 50.00 Mxs. 1.7. C. Shearer 100.00 258 J. H. Sullivan Est 100.00 286 I<ss. S. A. Scott 60.00 Arllier B. Stubblefield 60.00 955 Nancy Baker Tompkins 50.00 Gracie Tyler 60.00 941 Idrs. Callie ':7erner 90.00 599 Arthur Younker 90.00 289 47. H. Yanc y 100.00 A. L. Scott 90.00 914 A. Y. N,artin Estate 90.00 915 A. Y. P.Sextin Estate 90.00 497 Ward & Albritton 150.00 876 Avondale Heights 80.00 673 Addie Al Campbell 80.00 850 Lucy Diggs Irlatthew 80.00 688 Lubie C. Clark 80.00 vihich amended petitions are filed in the conso;idated actions styled City of Paducah v. J. Fort Abell. And for which he shall also receive in separate suits instituted by the City of Paducah the following amounts: E3725 Fred Beyer ;;100.00 E4192 D. J. Hurley 30.00 E4216 Fain King 40.00 E4199 Mrs. Sudie Snook 40.00 028 It is further mutually covenanted and agreed between the parties heretb as follows: (1) The City shall pay to the Attorney fox, his services iand he agrees to accept, subject to t! -:e conditions hereinafter provided, the sum set opposite each of the above suits for the closing of such suit. Said Attorney shall receive at the time of closing any suit a fee in an amount equal to 75; of the above fee fixed for the closing of said suit, but, in the event a settlement is made by a taxpayer as provided in Paragraph (4) or arrangements. are made for payment of taxes as provided in Paragraph (4) the a ttorney s hall, a t t he time said taxes are paid or when su ch arrangement is made, receive a fee in an amount equal to 37.50 of the above stated fee. 'When all of the aforesaid suits have been closed or dismissed as provided herein, the Attorney shall be paid 25% of the fee in each case for which he is entitled to a fee except that 12.5;% shall then be paid for those cases where a settlement or arrangement for payment of taxes has been made as provided in Paragraph (4). (2) That the Attorney shall have the entire responsibility 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 attorney shall submit to the City Treasurer a certificate stating that the owners of the legal title and all persons having any interest in the property subject to the taxes and im- provement assessments levied by the City of Paducah as well as all persons having liens against the property, were joined as defendant and Isere properly proceeded against, that all defendants were prope ly 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. (3) That in the event any prospective purchaser of property 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, including but not limited to the failure of said Attorney to join any person, firm or corporation who may have been a necessary party to the action, or their failure to properly proceed against the parties to said action, or the use of an incorrect or improper 41 description in the pleadings or judgment or Commissioner's deed, the Attorney shall render auch further services as may be necessary for the purpose of perfecting said foreclosure action or shall cure said defects by obtaining affidavits, quitclaim 929 deeds, deeds of correction or whatever instruments are necessary to vest in the city a good and valid title, provided the con- �siderations for obtaining such instruments shall be paid by the Jl C i ty. (4) That in the event the taxes and improvement assessrr 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 Paducah shall, by and through the approval 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, lin which event the Attorney shall be entitled to a fee in an amount lequal to 50; of the above stated fee. Provided, however, that in Ithe event said Attorney has not performed any services in connection ,rrith the prosecution of a suit in which the owner voluntarily pays his taxes in a lump sum or in installments, if the latter method is approved ba the city, no charge will be made for services in such case. (5). The Attorneyshall furnish all paper, printing and stenographic supplies and all of the legal work shall be done with- out expense to the City. Provided, however, the City shall pay all court costs chargable to it, the expense of obtaining sureties on bonds executed pursuant to Section 410 of the Civil Code, expens for appraisals when such work is necessary before a deposition can be taken, and any other similar expense which must be incurred in order to bring the suits to a conclusion. It is also under- stood that the Attorney 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 Attorney 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, he shall report in writing to the Corporation Counsel his reason for believing that it would be useless to continue the prosecution of such suit and if he concurs, such suit shall with the consent of the Board of Commissioners, be dismissed and closed; provided, however, that no fee shall be paid to the Attorney for any case so dismissed and closed. (7) Any case shall be considered closed when (a) the property has been sold and the proceeds of the sale have been distributed by an order of court, or (b) an order or judgment of McCracken Circuit Court has been entered in favor of the defendant, its cher 930 or (c) an order or judgment of PdcCracken Circuit Court has been entered in favor of the city and the defendant takes an appeal. If a case shall be carried to the Court of Appeals by any person feeling himself aggrieved by the judgment of the lower court or if the City shall appeal any case, the Attorney agrees , to assist the Corporation Counsel without additional compensation. (8) The Attorney shall exercise due care and diligence in the preparation and prosecution of each of said suits, shall inspect each piece of property before it is sold at the Comm- issioner s sale,a nd shall attend each sale and submit bids for the City in the manner most advantageous and to the best interests of the City. Provided, however, the City Manager or the Board of Commissioners reserves the right to fix in advance of any sale the maximum amount which the Attorney may bid for any lot or parcel of land which is ordered to be sold. (9) The Attorney shall furnish the City b;anager with a written report concerning the status of each suit if he is at any time called upon to do so". SECTION 2. There is hereby appropriated the sum of N6,570.00 for payment of the fees of said Attorney for the prosecution of said suits pursuant to the provisions of the aforesaid contract. As there now remains in Account No. 2467 of the 1948 Appor- tionment Ordinance the sum of :!,4750.00 for payment of fees for attorney's services in the prosecution of delinquent tax suits, said sum is hereby transferred to and shall become a part of Account No. 2467 under the 1949 Apportionment Ordinance for payment of the fees to which the said H. lJarren Ted ddleton will be entitled under the aforesaid contract, and there is also hereby transferred from the Contingent Fund to account No. 2467 the sum of .x1,820.00 in order to provide sufficient funds for payment of the contract price for said work when the above suits have been closed. SECTION 3. The City Clerk is hereby authorized to cause to be publishe in the Sun -Democrat a notice of the introduction of this ordinance and the proposal to make the aforesaid transfer of appropriations for the year 1949 to provide the sum necessary for payment of the fees of said Attorney, said notice to be published at least one week before this ordinance shall be put upon its final passage. SECTION 4. 931 This ordinance shall be introduced and remain on file for public inspection until the notice of the transfer 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 November Term of the '.cCracken Circuit Court as many actions as possible, the public health, safety and welfare of the City of Paducah require that an emergency be declared, and this ordinance shall be in full force and effect from and after its adoption. payor 5ro-Tem Commissioner Introduced by the board of Commissioners, Oct. 11, 1949 Paused by the board of Commissioners, October 25, 1949 Recorded by Sarah Thurman, City Clerk, October 25, 1949.