HomeMy WebLinkAboutCC-01-07-02-01 City Claims ApprovalSPONSOR(S): Councilor Wilson
RESOLUTION NO. CC-01-07-02-01
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AUTHORIZING THE PAYMENT OF FISCAL YEAR 1999 CLAIMS
FROM FISCAL YEAR 2001 FUNDS
WHEREAS, the Common Council has been presented with certain claims against the City for
services rendered in Fiscal Year 1999 to be paid from Fiscal Year 2001 funds (the "Claims"), a copy of
which are attached hereto and collectively incorporated herein as Exhibit A; and
WHEREAS, in November, 1999, it was determined that the Claims could appropriately be paid
from the City's Cumulative Capital Sewer Fund, which is monitored by the City Engineer; and
WHEREAS, the Claims were inadvertedly not paid; and
WHEREAS, in August, 2001, the Common Council's Finance Committee met with the City
Attorney and City Engineer and discussed payment of the Claims; and
WHEREAS, the City Engineer has indicated that she believes that it is more appropriate for the
Claims to be paid from the Department of Law's budget; and
WHEREAS, the Department of Law's budget contains sufficient funds to pay the Claims, and the
City Attorney has agreed to pay the Claims from his Department's budget; and
WHEREAS, the Common Council now wishes to facilitate the payment of the Claims from the
Department of Law's budget.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of CarreeL
Indiana, that the City of Cannel shall pay the Claims, in the amount of Six Thousand Five Hundred Fifty-
Six Dollars ($6,556.00) from the Department of Law's Budget Line Item 430-40000 - Legal Fees.
PAssED by the Common Council of the City of C~el, ~ndiana this '7 %ay of ', J~ ,, , ~,~/ ~ ,
200 L, by a vote of ~ ayes and / nays.
Page One of Two Pages
Prepared by Douglas C, Haney, Carmel City Attorney
SPONSOR(S): Councilor Wilson
)t',tZ ~N?CIL
siring Officer
' Rob
~Carter
FOR THE CITY OF CARMEL, INDIANA
John R Kove~
N.L. undle
Wayne A. Wilson
Diana L. Cordray, IAMC, C~.';Freasurer
'~a L. Cordray, I~C, Cl(~Treasurer
Approved by me Mayor of the City of Camel, Indi~a, at ~ ~ock ~. m. this ~y of
Ja rained, Mayor
ATTE~L' ,t~/l,,_ ~/C,?~CL~ .
Diana L. CordrayZ IAMC, Cler~reasurer
Council Resolution No. CC-01-07-02-01
Page Two of T~vo Pages
Prepared by Douglas C. Haney, Carmel City Attorney
BINGHAM SUMMERS
WELSH & SPILMAN
_.City of Cannel
Atm: Douglas C. Haney
1 Civic Square
Cannel, IN 46032
2700 Market Tower - 10 West Market Street
Indianapolis, Indiana 46204-2982
(317) 635-8900
September 21, 1999
Invoice No. 166702
Tax I.D. No. 35-0854235
For Legal Services Rendered through August 25, 1999:
Re: adv Moffitt Quiet Title
Our File Number: 9961-32172
08/03/99
D. Bryan Weese
Review Plaintiffs Cross-Motion for Summary
Judgment and misted documents filed by counsel
for Elsie Moilroy in Phelps Addition Quiet Title
Action; teleeonferenee with K. Boyle and D. Haney
re: Second Amended Complaint naming other
residents of Phelps Addition as defendants
08/03/99 Gerard L.
Gregerson
Receipt and analysis of 1) Plaintiffs Cross-Motion
for Summary Judgment, 2) Memorandum in
Opposition to City of Carmel's Motion for
Summary Judgment and in Support of plaintiffs
Motion for Summary Judgment, 3) Affidavit of
Elsie Mcllvay, 4) Affidavit of phil Hinshaw, 5)
Designation of Evidence, 6) Plaintiffs' Motion to
Amend Complaint and proposed Amended
Complaint; conference with B. Weese re: strategy ,
08/04/99
08/04/99
D. Bryan Weese Conference with L. Smith re: Second Amended
Complaint and naming of additional defendants;
conference with G. Grege~r~on_re: preparation of
Motion to Slxike Second Amended Complaint and
Affidavits of Hinshaw and Moffitt
Gerard L.~TE~'~Conference with B. Weese re: status and strategy;
Gregerson attention to Trial Rules m: joinder of parties
08/05/99
Michael R.
Hartman
Receipt and review of notice from Court re
summary judgment hearing date; verify file status;
assist with preparations for summary judgment
heating
x/4 / 7' ;4 "-I
1.4
1.0
0.3
0.3
adv Moffitt Quiet Title September zt, tyy7
Our File Number: 9961-32172 Page 2
08/06/99 Gerard L.
Gregerson
08~9~9
08/10/99
08/10/99
08/11/99
Laura M Smith
Laura M Smith
D. Bryan Weese
Attention to strategy re: amended complaint
Research regarding requirement of acceptance for
proper dedication
Research re: potential bases for objection to
amended complaint
Analysis re outline of response/reply to Motion for
Summary Judgment issues, strike plaintiffs
supporting affidavit
Conference with L. Smith re.;preparation of
additional brief in response to Cross Motion for
Summary Judgment, and preparation of documents
regarding use of Phelps addition platted streets and
alleys, and references in prior deeds to Phelps
addition
0.2
3.5
1.8
0.8
0.5
08/11/99
08/11/99
Laura M Smith
Laura M Smith
Analysis and/or strategy for response to plaintiffs
motion for summary judgment
Prepare objection to motion to amend complaint
and order thereon
0.8
1.0
08/12/99
Laura M Smith
08/16/99 Laura M Smith
08/17/99 Laura M Smith
08/17/99 Gerard L.
~ Gregerson
08/18/99 Gerard L.
Gregerson
08/25/99 Laura M Smith
08/25/99 Gerard L.
G-regerson
Revise Objection to Plaintiffs Motion to Amend
Complaint
Initial draft of Response/Reply brief
Correspondence to court and counsel
Attention to Motion in Opposition to Amending
Complaint; conference with L. Smith re: same
Teleconference with D. Haney re: objection to
Motion to Amend; finalize and file objection
Review plaintiffs correspondence to counsel for
city
Attention to Amended Complaint issues; receipt
and review of reply of Moffitts to Carmers
objection to Motion to Amend Complaint
/ T " -
0.6
2.0
0.2
0.3
0.2
0.3
0.6
September zl,
adv Moffitt Quiet Title Page 3
Our File Number: 9961-32172
Total Current Fees
DISBURSEMENTS:
.. Postage
Total Current Disbursements
5.18
$5.18
adv Moffitt Quiet Title September 21, 199'J
Our File Number: 9961-32172 Page 4
ATTORNEY SUMMARY:
ATTORNEY
.. Michael R. Hartman
Gerard L. Gregerson
D. Bryan Weese
Laura M Smith
Total Hours / Fees
HRS
WORKED
0.30
2.50
2.20
11.00
16.00
BILLED
PERHR
225.00
200.00
155.00
150.00
BILL AMOUNT
67.50
500.00
341.00
1,650.00
$2,558.50,
adv Moffitt Quiet Title September 2 t, t ~
Our File Number: 9961-32172 Page 5
CURRENT AMOUNT DUE SUMMARY SECTION
CURRENT FEES DUE
CURRENT DISBURSEMENTS
TOTAL THIS STATEMENT
$2,558.50
5.18
$2,563.68
Please note that outstanding balances fi'om prior invoices are not reflected on this current invoice.
adv Moffitt Quiet Title Septemoer zi, ~77~
Our File Number: 9961-32172 Page 6
CURRENT AMOUNT DUE SUMMARY SECTION
CURRENT FEES DUE
CURRENT DISBURSEMENTS
TOTAL TH/S STATEMENT
$2,558.50
5.18
$2,563.68
,q//J / r 'W
RETURN THIS PAGE WITH YOUR PAYMENT.
Payment due within 10 days of receipt. Please include our file number on your payment.
Return all remittances to:
BINGHAM SUMMERS WELSH & SPILMAN
2700 Market Tower - 10 West Market Street
Indianapolis, Indiana 46204-2982
..City of Carreel
Arm: Doughs C. Haney
1 Civic Square
Carmel, IN 46032
BINGHAM SUMMERS
WELSH & SPILMAN
2700 Market Tower ~ 10 West Market Street
Indianapolis, Indiana 46204-2982
(317) 635-8900
October 12, 1999
Invoice No. 167632
Tax I.D. No. 35-0854235
For Legal Services Rendered through September 25, 1999:
Re: adv Moffitt Quiet Title
Our File Number: 9961-32172
08/01/99 Gerard L.
Gregerson
Receipt of Objection to Motion for Extension of
Time
08/26/99 Laura M Smith Prepare Petition for Time and Order thereon
08/26/99
D. BryanWeese
Review Cross Motion for Summary Judgment
(Moilroy), and review citations of Mcllroy's
counsel
08/26/99 Gerard L.
Gregerson
Attention to letter to Doug Haney
08/30/99 Gerard L.
Gregerson
Attention to Motion for Enlargement
09/02/99 Michael R.
Hartman
l>,evie~v recent developn:ents in case; consider
response to Plaintiffs effort to amend complaint;
prepare for upcoming summary judgment heating
09/03/99 Gerard L.
Gregerson
Receipt of Objection to Motion for Extension of
Time
09/13/99
D. Bryan Weese
Conference with L. Smith re: Sept. 16th deadline
for responding to Moffitt Summary Judgment
motion
09/13/99 Laura M Smith Prpeare outline of response/reply brief
09/13/99 Gerard L.
Gregerson
Receipt of Order re response to summary
judgment; confer with B. Weese re status
0.2
0.5
1.4
0.1
0.3
1.8
0.2
0.2
0.5
0. I
adv Moffitt Quiet Title October 12, 1999
Our File Nmber: 9961-32172 Page 2
09/13/99 Michael R.
Hamnan
09/14/99
09/14/99
09/14/99
09/14/99
0~1~99
09/I 5/99
Laura M Smith
Laura M Smith
Laura M Smith
D. Bryan Weese
Gerard L.
Gregerson
D. Bryan Weese
Receipt and review of Order on extension of time
for Summary Judgment response brief; verify status
of response (9/16/99)
Initial draft of reply/response brief
Initial draft of Motion to Strike and Order thereon
Additional drafting/revisions to reply/response
brief
Conference with L. Smith m: preparation of Brief
in Response to Moffttt Summary Judgment
Motion; review Indiana statutes and requirements
of preceding statutes to obtain review and approval
of plat by town or city legislative bodies;
conference with B. Schneider at Chicago Title
Insurance Corporation re: obtaining historic title
information in Hamilton County
Attention to summary judgment issues
Conference with L. Smith m: review of drae Reply
Brief and preparation of additional arguments;
review Brief in Support of plaintiffs Motion for
Summary Judgment; conference with Bonnie at
City of Carreel Street Department re: preparation of
affidavit for Dave Klingensmith's signature; call to
C. Burgess at Morgan & Associates re: historical
information on transfer of properties from John
Phelps to other lot owners and subsequem
transfers; teleconference with K. Boyle-Weese re:
request for street name information and location of
gas line near Moff~tt property; teleconference with
C. Burgess re: obtaining certified copies of most-
recent deeds of record for Phelps Addition property
owners, and obtaining initial deeds from John
Phelps to original lot purchasers or notes of such
transactions; review and prepare revisions to Brief;
prepare Affidavit ofD. Klingensmith re: street
names and recent improvements; review and
fmalize draft of Brief, and fax to D. Haney;
teleconference with C. Burgess re: copies of most-
recent deeds and original deeds for Lots 1 through
8 in Phelps addition; finalize draft of Klingensmith
Affidavit
0.2
3.5
2.0
1.5
1.4
0.2
6.7
adv Moffitt Quiet Title October 12, 1999
Our File Number: 9961-32172 Page 3
09/15/99 Gerard L.
Gregerson
09/16/99
D. Bryan Weese
09/16/99 Laura M Smith
09/16/99 Laura M Smith
09/16/99 Laura M Smith
09/16/99 Laura M Smith
09/16/99 Niehole R
Burgin
09/16/99 Gerard L.
G-regerson
Total Current Fees
DISBURSEMENTS:
Postage
Attention to summary judgment
0.2
Call to C. Burgess at Morgan & Associates re:
delivery of deeds and delivery of fax copies for
review; review message from C. Burgess, and
arrange for pick-up of certified documents;
conference with G. Crregerson; review message
from D. Haney approving Brief; call to D.
Klingensmith re: information contained in and
purpose for Affidavit; teleeonferenee with D.
Klingensmith; review and revise Affidavit, prepare
Exhibits, and fax to D. Klingensmith; review
documents received from C. Burgess, and prepare
for attachment to Brief; review final version of
Brief, Motion to Strike, and related documents;
prepare final version of Affidavit, and arrange for
delivery to and execution by D. Klingensmith
2.8
Teleconference with Street Depmhaent
0.2
Final revisions to Reply/Response Brief in Support
of Motion for Summary Judgment
03
Draft Supplemental Designated Materials in
Support of Motion for Summary Judgment
0.4
Revise Brief in Support of Motion to Strike
0.6
Travel to City of Carreel to have Affidavit executed
Review and work on reply brief in support of
motion for summary judgment and response brief
in opposition to cross motion for summary
judgment; attention to motion to strike and related
documentation -- brief in support of motion to
strike
$4,266.50
._ q~'C~
13.77
adv Moffitt Quiet Title
Our File Number: 9961-32172
Copying
Computerized research
Total Current Disbursements
October 12, 1999
Page 4
38.00
31.03
$82.80