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Home My WebLink About202479 10/11/2011 CITY OF CARMEL, INDIANA VENDOR: 358097 Page 1 of 1 ONE CIVIC SQUARE BRAZILL HESTER PC CARMEL, INDIANA 46032 303 N. ALABAMA ST. #300 CHECK AMOUNT: $7,536.52 INDIANAPOLIS IN 46204 CHECK NUMBER: 202479 CHECK DATE: 10/11/2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1192 4340000 12635 2,776.52 LEGAL FEES 1180 4340000 12636 280.00 LEGAL FEES 1192 4340000 12637 780.00 LEGAL FEES 1180 4340000 12638 3,700.00 LEGAL FEES I MEMORANDUM r kq 12 TO: Mike Hollibaugh, DOCS Director FROM: Douglas C. Haney, City Atto RE: Brazil] Hester Invoice No. 12635 American Towers, Inc. Litigation DATE: September 27, 2011 Mike, Attached is Brazill Hester's Invoice No. 12635 dated September 19, 2011 in the amount of 52,776.52 regarding services provided in the American Towers, Inc. litigation. I recommend you issue a purchase order in the amount of $2,776.52 in payment of this invoice. Please let me know PROMPTLY if you believe that your Department is not responsible for the payment of the attached invoice or if you have any questions regarding this memorandum. /eb [eb:nsnord:z:te bass\my dm—nts�outsideco Ob—ill hestet^arnerican toners 912635.doc:927/11 Brazil! Hester, PC 303 N. Alabama St., Suite 300 Indianapolis, IN 46204 317.624.9600 Invoice submitted to: City of Carmel September 19, 2011 In Reference To:American Towers Invoice #12635 Professional Services Hrs /Rate Amount 7/1/2011 RCH Legal Service 0.10 NO CHARGE Review court notice re: proposed order deadline and ruling deadline 150.00 /hr 7/12/2011 JH -C Legal Service 2.00 350.00 Begin drafting proposed order for judicial review, particularly 175.00/hr that burden has not been met to overturn the BZA's decisions, and substantial evidence exists to uphold BZA's denials of the applications 7/14/2011 JH -C Legal Service 5.10 892.50 Continue drafting order, particularly the Findings of Fact and 175.00 1hr Conclusions of Law, particularly findings including applications, all hearings, all applicable statutes, decision, findings, and official findings; begin conclusions of law 7/15/2011 BKD Legal Service 1.00 NO CHARGE Prepare Notice of Filing of Proposed Order and cover letter to court re: 100.00 /hr certified mailing, send instructions to J. Hester re: certified mail RCH Legal Service 0.80 NO CHARGE Discuss proposed order with J. Hester; review J. Hester draft and 150.00 /hr suggest revisions re: same JH -C Legal Service 7.50 1,312.50 Continue drafting proposed Findings of Fact and Conclusions of Law, 175.00 /hr standard and discussion on experts v, non experts in public eanng, and articulating order; finalize same; approve and execute Notice to Court of submitting proposed order; have same filed; submit proposal order electronically; serve proposed order and Notice to opposing counsel 7/20/2011 JH -C Legal Service 0.70 122.50 Review cases and opposing party's proposed order 175.00 /hr City of Carmel Page 2 Hrs /Rate Amount 8/1/2011 JH -C Legal Service 0.40 70.00 Review positive order from court; advise D. Haney re: same 175.00 /hr 813/2011 JH -C Legal Service 0.10 17.50 T/C with J. Molitor re: BZA meeting and possible next steps 175.00 /hr For professional services rendered 17.70 $2,765.00 Additional Charges Qty /Price 7/15/2011 PAC Court Fee 1 3.00 3.00 PAC Postage 1 1.68 Postage 1.68 7/18/2011 PAC Postage 1 1.68 Postage 1.68 7/19/2011 PAC Postage 1 5.16 Postage 5.16 Total additional charges $11.52 Total amount of this bill $2,776.52 Previous balance $726.68 Accounts receivable transactions 8/3/2011 Payment Thank You No. 199855 ($726.00) Total payments and adjustments ($726.00) Balance due $2,777.20 i MEMORANDUM TO: Mike Hollibaugh, DOCS Director FROM: Douglas C. Haney, City Att; y RE: Brazill Hester Invoice No. 122637 Collections of Unpaid Fees DATE: September 27, 2011 Mike, Attached is Brazill Hester's Invoice No. 12637 dated September 19, 2011 in the amount of $780.00 regarding services provided in the collection of unpaid fees. I recommend you issue a purchase order in the amount of $780.00 in payment of this invoice. Please let me know PROMPTLY if you believe that your Department is not responsible for the payment of the attached invoice br if you have any questions regarding this memorandum. /eb [eb:r word:z:�e bass�niv d- ntsbutsidecou el\braziII heetercollectios s12637.doe:9/27/111 1 1 t Brazill Hester, PC 303 N. Alabama St., Su 300 In dianap ol i s, IN 46204 t 317.624.9600 Invoice submitted to: City of Carmel I 09 25 11PO4:06 September 19, 2011 In Reference To:Collections r Invoice #12637 j Professional Services Hrs /Rate Amount 7/4/2011 JH -C Legal Service 0.10 NO CHARGE Update client on filing of all actions 175.00/hr 7/26/2011 RCH Legal Service 0.40 60.00 Review dockets to determine service on collection defendants; locate 150.00 /hr alternate office of Portrait Homes registered agent for Alias Summons 7/27/2011 JH -C Legal Service 0.20 NO CHARGE Conference regarding small claims actions and next steps with 175.00/hr upcoming hearing dates 7/28/2011 RCH Legal Service 3.40 510.00 Research to locate address for L. Best in Minnesota and prepare alias 150.00 /hr summons re: same; statutory research to confirm dissolved Wellman Homes can be pursued with claims until 2012; research to locate Indianapolis address for former Wellman Homes registered agent and prepare alias summons re: same; prepare default petition, affidavit, and order for Portrait Homes; attend hearing and obtain default judgment on Guilford Homes; file alias summons for Best, Wellman, and Portrait 8/1/2011 RCH Legal Service 0.10 NO CHARGE Review alias summons on Best, Wellman, Portrait; review hearing 150.001hr dates 8/812011 RCH Legal Service 0.20 30.00 Review documents from Portrait Homes bankruptcy counsel re: debts 150.00/hr discharged in bankruptcy 8/25/2011 RCH Legal Service 0.20 NO CHARGE Review dockets for service on Best and Wellman Custom Homes 150.00 /hr 8/30/2011 RCH Legal Service 0.10 NO CHARGE Correspondence with A. Bennett re: obtaining business records 150.00 /hr certification affidavits for Best and Wellman cases City of Carmel Page 2 Hrs /Rate Amount 8/31/2011 RCH Legal Service 1.20 180.00 Correspondence with A. Bennett re: City employees to sign Business 150.00 /hr Records Certifications for collections hearings; draft certification affidavits for Best and Wellman Custom Homes; forward same to City employees with instructions for execution; draft Best motion for default, affidavit supporting same, and proposed order of default For professional services rendered 5.90 $780.00 Previous balance $1,109.00 Accounts receivable transactions 8/3/2011 Payment -Thank You No. 199855 ($1,109.00) Total payments and adjustments ($1,109.00) Balance due $780.00 f i i Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 09/19/11 12637 Collection Services $780.00 09/19/11 12635 RE: American Towers $2,776.52 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Brazill Hester, PC Judy G. Hester IN SUM OF 334 N. Senate Avenue Indianapolis, IN 46204 $3,556.52 ON ACCOUNT OF APPROPRIATION FOR Carmel DOCS PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1192 12637 43- 400.00 $780.00 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the 1192 12635 43- 400.00 $2,776.52 materials or services itemized thereon for which charge is made were ordered and received except MorIft, October 10, 2011 n w i Direct Title Cost distribution ledger classification if claim paid motor vehicle highway fund Brazil) Hester, PC 303 N. Alabama St., Suite 300 Indianapolis, IN 46204 317.624.9600 Invoice submitted to: City of Carmel September 19, 2011 In Reference To:Bartram Invoice #12636 i Professional Services Hrs /Rate Amount 8/1/2011 RCH Legal Service 0.20 NO.CHARGE Review correspondence from M. Hoffman re: 150.00 /hr same with J. Hester 8/2/2011 RCH Legal Service 0.10 NO CHARGE Review correspondence from M. Hoffman re: 150.00/hr 8/4/2011 JH -C Legal Service 1.30 227.50 Communications w City contacts and separately with opposing counsel 175.00/hr regarding facts of case, potential for resolving the same, public access agreement; negotiate for status call to Carmel personnel 8/17/2011 JH -C Legal Service 0.20 35.00 Communications with City personnel regarding whether the process for 175.00 1hr t 8/2412011 JH -C Legal Service 0.10 17.50 Communications with City regarding need for 175.00 1hr correspondence For professional services rendered 1.90 $280.00 Balance due $280.00 Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee BRAZILL HESTER, PC Purchase Order No. 303 N. Alabama St., Suite 300 Terms Indianapolis, Indiana 46204 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 7 -27 -11 12636 Legal services rendered to the City of Carmel per $280.00 attached invoice Total C�non no I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 BRAZILL HESTER, PC IN SUM OF 303 N. Alabama St., Suite 300 Indian IN 46 $280.00 ON ACCOUNT OF APPROPRIATION FOR Department of Law 430 -40000 Legal Fees Board Members DEPT INVOICE NO. ACCT #/TITLE AMOUNT I hereby certify that the attached invoice(s), or 1180 12636 280.00 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 20 It Signature e Cost distribution ledger classification if claim paid motor vehicle highway fund Brazill Hester, PC 303 N. Alabama St., Suite 300 Indianapolis, IN 46204 317.624.9600 Invoice submitted to: City of Carmel 09 25 11PO4:06 RCN) September 19, 2011 In Reference To:Ordinance Violations 1 Invoice #12638 Professional Services Hrs /Rate Amount 7/5/2011 RCH Legal Service 0.10 NO CHARGE Review subpoena lists from A. Bennett for 7/11/11 and 7/18/11 OV trials 150.001hr 7/712011 JH -C Legal Service 0.10 NO CHARGE Communications with A Bennett regarding the upcoming dog bite 175.00 /hr cases and assistance needed s RCH Legal Service 0.80 120.00 Review files and prepare for seven OV trials on 7/11/11; discuss dog 150.00 /hr barking /nuisances cases with A. Bennett re: information and witnesses needed 7/8/2011 RCH Legal Service 0.20 NO CHARGE Correspondence with A. Bennett re: updates to 7/11/11 OV docket 150.00 /hr 7/11/2011 RCH Legal Service 3.80 570.00 Meet with witnesses, prepare for and conduct OV trials; discuss 150.00 /hr outcome of cases and upcoming cases with A. Bennett 7/12/2011 RCH Legal Service 1.00 150.00 Organize files and instruct P. Carlisle re: filing and preservation of 150.00 /hr. documents; review subpoena list for 7/18/11 hearings and discuss same with J. Hester 7/14/2011 RCH Legal Service 0.50 NO CHARGE Prepare OV files for J. Hester to conduct OV trials for 7/18/11; discuss 150.00 /hr same with J. Hester 7/18/2011 JH -C Legal Service 2.80 490.00 Prepare for and represent City in OV trials; redocket where Defendant 175.00 /hr did not appear City of Carmel Page 2 Hrs /Rate Amount 7/19/2011 RCH Legal Service 0.30 NO CHARGE Review file on DeWitt OV case set for jury trial; review 7/25/11 150.00 /hr subpoena list from A. Bennett and case files 7/20/2011 RCH Legal Service 0.50 75.00 Review files for disposal and trials set for hearing 7/25/11; review R. 150.00 /hr Mills jury trial file and discuss with A. Bennett 7/21/2011 RCH Legal Service 0.80 120.00 Prepare files for twelve OV trials; discuss details of cases with A. 150.00 /hr Bennett; obtain contact information for officer and bus driver in stop arm case 7/22/2011 RCH Legal Service 0.50 75.00 Continue preparation for OV trials; contact witnesses in stop arm case 150.00 /hr 7/25/2011 RCH Legal Service 4.20 630.00 Prepare with witnesses and conduct OV trials; discuss agreed 150.00 /hr judgment with J. Voyles, S. Robinson; discuss drafts and case details with A. Bennett 8/2/2011 RCH Legal Service 0.10 NO CHARGE Discuss August 8 case load with A. Bennett; review subpoena list 150.00 /hr 8/9/2011 RCH Legal Service 0.30 NO CHARGE Correspondence with A. Bennett re: August 15 trial docket, no files 150.00 /hr available due to computer issues 8/12/2011 RCH Legal Service 1.00 150.00 Review files and prepare for August 15 OV trials 150.00 /hr 8/15/2011 RCH Legal Service 2.80 420.00 Prepare for OV trials, including bus stop arm with bus driver witness 150.00 /hr interview; conduct OV trials; discuss code enforcement issues with A. Bennett 8/16/2011 RCH Legal Service 0.10 NO CHARGE Discuss August 22 docket status with A. Bennett 150.001hr 8/19/2011 RCH Legal Service 1.00 150.00 Review files and prepare for August 22 OV trials 150.00 1hr 8/22/2011 RCH Legal Service 3.20 480.00 Prepare for and conduct 5 OV trials, including witness preparation for 150.00 1hr bus stop arm violation trial; discuss code enforcement issues with A. Bennett and review files 8/27/2011 RCH Legal Service 0.20 NO CHARGE Correspondence with A. Bennett re: August 29 docket 150.00 /hr j 4 City of Carmel Page 3 i i i Hrs /Rate Amount 8/29/2011 RCH Legal Service 1.80 270.00 Prepare for three OV trials; conduct same; T/C to court to confirm 150.00 /hr continuance of DeWitt jury trial due to officer unavailability; discuss code enforcement files and review same with A. Bennett For professional services rendered 26.10 $3,700.00 i Previous balance $1,268.50 Accounts receivable transactions 8/3/2011 Payment Thank You No. 199855 ($1,268.50) Total payments and adjustments ($1,268.50) Balance due $3,700.00 t i C Carmel INDIANA RETAIL TAX EXEMPT PAGE CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER i FEDERAL EXCISE TAX EXEMPT Ar t) 35- 60000972 F 47 ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032 -2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL 1997 SHIPPING LABELS AND ANY CORRESPONDENCE. 'URCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION l( VENDOR X/ SHIP �o o To CONFIRMATION BLANKET CONTRACT PAYMENTTERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION x6 J3 'Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOUNT k aw A l 3r= /fQdO 0 PAYMENT 3� 7Dd D D 4� (/•'Lr! n A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN SHIP REPAID. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. C.O.D. SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CLERK TREASURER IOCUMENT CONTROL NO 25997 A.P.V. COPY SIGN AND RETURN TO CLERK'S OFFICE VOUCHER NO. WARRANT NO.__ ALLOWED 20 p c IN THE SUM OF X �Z -u� S� �c�C3� _,7rV .4 4 ivy_ ON A6COUNT OF APPROPRIATION FOR i Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT a I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the g materials or services itemized thereon for which charge is made were ordered and received except 2O_J� j gnature Title Cost distribution ledger classification if claim paid motor vehicle highway fund