HomeMy WebLinkAboutOrdinances Book 10, Page 1353, No Ordinance NumberAll ORDINA:iCE AI,:ENDITIG SECTION 3 OF A14 ORDINANCE i,,`TTI`I'LLD:
"Ail! ORDIiTANCE PROVIDING FOR THE ED:PLOYDIrNT OIA DELINQUENT TAX
AT"'ORYEY IN THE LEGAL DEPARTIdENT OF 'ME CITY OF PADUCAH, ItENTUM,
A"D 7 -'OT EeXCr:EDING FIVE ASSISTANT DE,`LIN:,;UENT TAX ATTORNEYS TO INSTIT '1'E
AIM PROSECUTE SUITS FOR THE COLLECTION OF AD VALOREi1. TAXES AND PUL'LEC
It.?PROVEMENT ASSESSIMNTS; PRESCRIBING THE DUTIES OF .AID ATTORi`LZ.a,
FIXING THE AMOUNT OF COT.IPENSATION WHICH THEY SHALL RECEIVE rOR THE
SERVICES, AND REPEALING ALL ORDINANCES IP" CONFLICT THEREWITH",
;IA3 PASSED B Y THE BOARD OF COI'Zti ISSIONERS ON THE 30Th DAY OF MARCH,
1943 BY REPEALIi40, ADIENDING, REVISING AND RE-E'IACT SECTION 3 TUEREO
BE IT 07IJ1II?ETD iai THE L•OARD OF COED".ISSIONERS OF THE CITY
0: PADUCAH, KENTUCI{Y: 1.
SECTION 1.
That Section 3 of an ordinance entitled:-'
AN ORDINANCE A:;;ENDING SECTION 3 OF AN ORDINANCE ENTITLED:
"AN ORDINANCE PROVIDING FOR THE EMPLOYMENT OF A DELIN'',,UENT TAX
ATTORNEY I`: THE LEGAL DEPARTDENT OF TME CITY OF PADUCAH, KENTUCKY,
AND NOT EXCEEDING FIVE ASSISTANT DELING;UENT TAX ATTORNEYS TO INSTIZJ'
KND PROSECURE SUITS FOR THE COLLECTION OF AD VALOREM TAXL;i AND PUB I(
IY PROVED IIT A3SESS1,ENTS; PRESCRIEING THE DUTIES OF SAID ATTORNEYS,
FIXING T'E AMOUNT OF COMPENSATION i"JIIICH THEY SHALL RECEIVE FOR THEIR
SERVICES, A.!D REPEALING AI.L ORDINA?ICES'II-T CONFLICT THERMIJITH",
be, and the same is hereby amended and re-enacted that the same as
a;aended and re-enacted which reads as follows:
" Section 3. The pity iLanager is further authorized to
employ other attorneys to work as assistants to the Delinquent Tax
Attorney and to institute and prosecute under his supervision suits
for the enforcement of liens against real estate securing the paym lit
of ad valorem taxes and public improvement assessments. They shal
not be paid a salary but shall receive fees for their services as
hereinafter set out.
Upon receipt of a tax 1c.111, it shall be the duty of the
Assistant to examine the title to the property securing the payment
of such taxes and to proceed with the enforcement of the lien by
filin-q an amended petition in the action of the (;Ity of Iaducah vs.
J. Tort Abell, et al, and in the actions which have Leen consolida ed
therewith under orders ^P the I•cCracken Circuit Court, for service
rendered cxarlininC the title to--operty listed on the tax bill th
attorney shall be entitled to a fee in the sum of '5.00 for each
chain of title; and for services rendered in preparing and filing
each amended petition the attorney shall be entitled to a fee of
;,10.00; a7.1 title examination and f:ilin3 .tees to be paid on or
about the .first of each month after the services have been rude
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and the account therefor has been approved by the Delinquent Tax
Attorney and submitted to the City Treasurer.
It shall be the duty of each assistant Tax Attorney to
prosecure with diligence the suits filed by him and to perform all
legal services in each suit until the Laster Commissioners' Report
of Sale is confirmed by order of the Court.
The Assistant Tax Attorney will be entitled to a final
fee of E; 20.00 in each case which does not involve the necessity of
taking proof by depositions or interrogatories, and in each case
which he has by law been required to take proof, he will be entitl d
to a final fee of 1X30.00.
In cases involving an exceptional or unusual amount of
work the -saistant Tax Attorney will be entitled to an additional
final fee commensurate with the amount of such exceptional or
unusual services rendered, provided from the recommendation of the
Delinquent Tax Attorney or other facts the City Manager believes
such extra fee is reasonable and to the best advantage of the city
in the prosecution of its tax claims.
The additional and final fees will be paid to the assistant
Tax Attorney after the suit has been closed by confirmation of sal
provided said attorney has filed in the office of the City Treasur r
a certificate of title in which he certified that, according to th
records of the-cCracken County Court "lerk, all persons, firms an
corporations having an interest in or a lien against the property
.sere joined as defendants under the amended petition and were prop rly
before the court before a judgment was entered, and that the proce d-
ings vender which the property was sold were in all respects regula_.
In the event a tax suit is settled or the taxpayer agrees to mace
payments upon terms satisfactory to the City after an am m ded petition
is filed but before a judgment is entered against him, the attorney
filin_- such amended petition shall not be entitled to receive any
additional compensation for services rendered during the pendency
of the action, except the sum of „10.00 in each case in which he
has taken proof as required by law.".
SECTION 2.
All ordinances and parts of ordinances in conflict here-
with are to the extent of such conflict hereby repealed.
SECTION 3.
This ordinance shall be in full force and effect from and
after its adoption.
I::a;or
Passed by the hoard of "OMMissloners, April 9, 1946
Recorded by Rudy atewart, City Clef,%' April 9, 1946.
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