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178065 10/14/2009 G� CITY OF CARMEL, INDIANA VENDOR: 358097 Page 1 of 1 ONE CIVIC SQUARE BRAZILL HESTER PC s, 0 a1Q CARMEL, INDIANA 46032 334 N SENATE AV CHECK AMOUNT: $655.05 INDIANAPOLIS IN 48204 CHECK NUMBER: 176065 CHECK DATE: 10114/2009 .D EPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AM OUNT DESCRIPTION ;1192 4340000 10828 655.05 LEGAL FEES t Brazil[ Nester, PC The Emelie Building 334 N_ Senate Ave. Indianapolis, IN 46204 317.624.9600 Invoice submitted to: City of Carmel September 02, 2009 Invoice #10828 Professional Services Hrs /Rate Amount 7/20/2009 JH -C Legal Service 0.10 17.50 Follow up with J Molitor regarding discussions with American Towers and 175.00/hr alternate site 7/2312009 JH-C Legal Service 0.40 70.00 Conference with J Molitor regarding objection to intervention and possible 175,001hr response, if any 8/3/2009 JH -C Legal Service 0.50 87.50 Attorney conference with J Molitor regarding denial of petition to 175.00/hr intervene, potential need for homeowner zancanaro, responding to rule to show cause with improper parties theory (no necessary landowners for variance), and West Park location; attempted call to zancanaro 8/5/2009 JH -C Legal Service 0.40 70.00 2 telephone conference with J Molitor regarding status on various tasks to 175.001hr successfully resolve the matter, strategy discussions, and arrangements for meeting with Park Board attorney; telephone conference with Park Board attorney 8/10/2009 JH -C Legal Service 1.30 227.50 Meet with co- counsel and park board attorney in order to investigate 175.00/hr potential vehicles to resolve the case with American Towers 8/17/2009 RCH Legal Service 0.50 75.00 Instructions from J Hester to prepare Notice to Court to advise there is no 150.001hr objection to issuance of writ of certiorari; draft notice of no objection to issuance of writ and motion for enlargement of time to file return; draft proposed order re: same; forward to J. Hester for review and approval JH -C Legal Service 0.30 52.50 Communication with co- counsel regarding any feedback in his talks with 175.00/hr opposing counsel concerning whether there is an agreement or objection to a continuance; instructions for filing of motion for continuance City of Carmel Page 2 Hrs /Rate Amount 8/19/2009 JH -C Legal Service 0.20 35.00 Update from co- counseling on settlement discussions and upcoming 175:00/hr Monday meeting 8/2412009 RCH Legal Service 0.10 15.00 Review order granting enlargement of time 150.00 /hr For professional services rendered 3.80 $650.0.0 Additional Charges QtvlPrice 7/21/2009 PAC Postage 1 0.61 Postage 0.61 8/17/2009 PAC Court Fax Fee 1 4.00 4.00 PAC Postage 1 0.44 Postage 0.44 Total additional charges $5.05- Total amount of this bill $555.05 Previous balance $3,140.86 Accounts receivable transactions 7122/2009 Payment -Thank You Igo. 174767. {$3,123.86} 7/22/2009 Courtesy Credit for Invoice #10754 ($17.00) Total payments and adjustments ($3,140.86) $655.05 Balance due Page l of 1 Bass, Elaine A From: Judy Hester Ohester @brazillhester.com] Sent: Wednesday, September 02, 2009 9:52 AM To: Bass, Elaine A; Haney, Douglas C Cc: Pam Carlisle Subject: City of Carmel American Towers Attachments: 090902 Invoice (via JGH email).pdf Good morning. I am attaching my monthly bill. Thank you for putting it in line for payment. John Molitor and I are working with opposing counsel on an alternative site for the tower in order to settle the dispute, and 1 will keep you updated on those communications. Best regards, Judy Judy G. Nester Brazill Hester, PC The Emelie Building 334 N. Senate Avenue Indianapolis, IN 46204 317.624.9600 Fax: 317.624.9610 CONFIDENTIALITY NOTICE This transmission (including any attachments) may contain information which is confidential, attorney work product and /or subject to the attorney client privilege, and is intended solely for the recipient(s)named above. if you are not a named recipient, any interception, copying, distribution, disclosure or use of this transmission or any information contained in it is strictly prohibited, and may be subject to criminal and civil penalties. If you have received this transmission in error, please immediately call us collect at (317) 624 -9600, delete the transmission from all forms of electronic or other storage, and destroy all hard copies. Do NOT forward this transmission. Thank you. FEDERAL TAX ADVICE DISCLAIMER To comply with IRS Regulations, we inform you that any discussion of Federal tax issues contained in this email (including any attachments) was not intended or written to be used, and cannot be used (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein. 9/2/2009 :5 r M MEMORANDUM TO: Mike Hollibaugh, DOCS D ct FROM: Douglas C. Haney, City Atto y RE: Brazill Hester Invoice No. 10828 American Towers, Inc. Litigation DATE: September 24, 2009 Mike, Attached is Brazill Hester's Invoice No. 10828 dated September 2, 2009 in the amount of $655.05.00 regarding services provided in the American Towers, Inc. litigation from. I recommend you issue a purchase order in the amount of $655.05 in payment of this invoice. Please let me know PROMPTLY if you have any questions regarding this memorandum or payment of the attached invoice. /eb —dm a b—V y documen[sloutsidecaunieNbrazill hater!ameriean towers #1 92M.doc:9 /24109] Prescribed by State Board of Accounts City Form No. ?41 (Rey+. 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)) 09/02/09 10828 American Towers $655.05 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 VOUG NO. WARRANT NO. Brazill Hester, PC ALLOWED 20 Judy G. Hester IN SUM OF 334 N. Senate Avenue Indianapolis, IN 46204 $655.05 ON ACCOUNT OF APPROPRIATION FOR Carmel DOCS Department PO# 1 Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members 1192 10828 43- 400.00 $655.05 1 hereby certify that the attached invoice(s), or bills) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Friday, October 09, 2009 TV, g irector, CS Titl Cost distribution ledger classification if claim paid motor vehicle highway fund