HomeMy WebLinkAboutOrdinances Book 12, Page 74, No Resolution Number74/
A RESOLUTION APPROVING THE COMPROMISE OF THE CLAIMS OF THE CITY OF PADUCAH
AGAINST THE UNITED SHOE I4ACHINERY CORPORATION OF BOSTON FOR COLIGCTION OF OMITTED
AD VALOREM TAXES LEVIED AGAINST THE MANUFACTURING 14ACHINERY LEASED BY SAID COMPAN
TO THE INTERNATIONAL SHOE COMPANY, AND THE ACCEPTANCE OF TAXES UPON SAID PROPERTY
FOR THE YEARS 1939 THROUGH 1943, 1945 THROUGH 1949 A'D'D 1950 BASED UPON A VALUATIO
OF $24,000.00, TOGETHER WITH ALL PENALTIES ARID INTEREST PAYABLE ON THE ASSESSMENT
FOR EACH OF SAID YEARS, AND AUTHORIZING H. WARREN MIDDLETON, THE OMITTED TAX
ATTORNEY, TO DISMISS SETTLED ALL SUITS AND PROCEEDINGS NOW PENDING FOR THE COLLEC
TION OF SAID OMITTED TAXIS UPON PAYMENT TO THE CITY OF THE AMOUNT DUE UNDER SAID
COMPROMISE AGREEMENT
WHEREAS, the City of Paducah has instituted in the McCracken Circuit Court
two suits against the United Shoe Machinery Corporation of Boston, seeldag to
recover in one of said suits the ad valorem taxes levied against the machinery
at the International Shoe Factory for the years 1939 through 1943, and to recover
in the other of said suits the ad valorem taxes against said machinery for the
years 1945 through 1949; and
WHEREAS, there is also pending in the McCracken 4ivarterly Court an appeal
from the action of the Doard of Equalization assessing said machinery for taxatio
purposes by the city for the year 1950; and
WHEREAS, it is claimed by the City of Paducah that said machinery is legall
assessable upon a valuation of y�36,000.00 for each of said years, but said compar
contends that said machinery is used for manufacturing purposes and is therefore
exempt from taxation; and
Vn EREAS, H. Warren Middleton, the attorney representing the City of Paducah
in said suits and proceedings having recommended the settlement of the controversy
upon said companyts agreement to,pay omitted taxes for each of said years based
upon a valuation of ;,$24,000.00 together vaith all penalties and interest.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COIJMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY:
SECTION 1. That the City of Paducah approve the compromise of each of the
aforesaid suits, as well as the appeal nwi pending in the McCracken Quarterly Coin
by agreeing to accept as omitted taxes the amount due and payable upon said machin
ery based upon a valuation of $24,000.00 for each of the years 1939, 1940, 1941,
1942, 1943, 1945, 1946, 1947, 1948, 1949 and 1950 together with all interest and
penalties upon the assessments for each of said years, the total of which assess-
ment, penalties and interest will amount to approximately $11,300.00, and that
H. Warren Middleton, the omitted tax attorney, be authorized to dismiss each of
the above suits and proceedings settled when said company has paid to the City
of Paducah the amount owing upon the aforesaid valuation, together with the
penalties and interest thereon.
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SECTION 2. That the City Treasurer be authorized to pay to the said
H. t,arren Middleton for his services a sum equal to one-third of that portion
of the aflm esaid taxes, interest and penalties which belongs to the city and forms
a part of its revenue and income, excluding that portion of said taxes, penalties
and interest payable to the Board of Education or the Sinking Fund or which has
been levied for any other independent or separate purpose where the city itself
is required to collect and pay over said taxes for such independent or separate
agencies.
SECTION 3. This Resolution shall be in full force and effect from and
after its adoption.
IDiaY
Passed by the Board of Commissioners June 22, 1950
RECORDED BY SARAH THURMAN, CI TI CLERK, JUNE 22, 1950.