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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