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HomeMy WebLinkAbout5044ORDINANCE No. -J !o 44 • AN ORDINANCE APPROPRIATING $2,000.00 TO BE PAID H. R. COFFLIAN FOR SERVICES RENDERED THE CITY OF LITTLE ROOK IN THE CASE OF THE CITY OF LITTLE ROCK VS W. E. LENON, EXECUTOR, OF THE COFFMAN ESTATE, AND FOR OTHER.PURPOSES. EXXX XXEEXXXXXEXXYXTEXXXgTYXXoExxlLXXXXTXXXXgTYXoxxxxXXXXXEozMXXXX WHEREAS, the City of Little Rock has received_ the sum of ,r r 5 �.aaasanc: Dollars (,�__;, 000.00} ��� se �tic,:.;ent of Lhe case of ti:e Ci'.y of Little Roch vs `W. E. Lenon, Executor of the CoZftian Estate; and "'�EAS, H. R. Coffman was the instigator of said actior., v. c ee r anc recovery of $15,000.00 by the City, and devoted much time and effort and gave valuable information in prosecution of the case; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE RpCit: Section 1. That the su nn1 ,of Two Thousand Dollars (�2, 000.00) be, and the same is hereby, appropriated for the payment of servipes rendered the City of Little Rock by H. R. Coffman in the case of he City of Little Rock vs W. E. Lenon, '.Executor, of the Coffman Estate, wherein the City of Little Rock received the sum of Fifteen Thousand Dollars ($15,000.00) for the use and benefit of the City Hospital. Section 2. That the Mayor and the City Clerk are hereby authorized to issue the Cityts warrant in the sure of Two Thousand Dollars ($2,000-00), payable from and out of the special fund of :15,000 received. as a cash settlement of the case of the City of Little Rock vs W. E. Lenon, Executor, of the Coffman Estate. Section j. That y r this ordinance shall take effect and be in.force from and after its passage. P as S as d-., P1 A 2 9 1933 Attest: city 04 Ap��rovec?: Iii THE PU LA -C I CHANCERY ERY C OUR T GEORGE T. LOVE V, Plaintiff TIORACE A. KING' "LION, Mayor of the City of Little Rook• LIN"TOOD L. BRICK140USE, City Attorney of the City of Little Rook; JOHN L. KRUMMO Clerk of the City of Little Rook; O. L. Alexander, Treasurer of the City of Little Rook; and Tt. R. C0FT{'T4AN Defendants . COMPLAINT Plaintiff states that he is a resident, citizen, and tax payer of the City of Little bock, ,.r?,,ansas; that the defendant, Horace A. Knowlton, is the duly elected, qualified and acting ?�ayor of the City of Little Rook, and was Such on the dates hereinafter set Forth; that the defendant, Linwood L. Briekhouse, i3 the duly elected, qualified and acting city attorney of the City- of Little Rock, and was such on the dates hereinafter set forth; that the defendant, John L. Krum., is the duly elected, qualified an:1 actin, Clerk of the City of Little Dock, and was :such on the dates heroin-* after set forth; that the defendant, H. R. Coffman, is a resident of Litt-le Bock, Pulaski. County, Axka -sas- ' hat (r. L. Alexander is the duly elected, qualified and acting Treasurer of the Cite of Little Foek, and was such on the dates hereinafter set forth. plaintiff states that on t` e 8th day of May, 1933s at a regular .meetixg, of the Ct.t j Council of the City of Little Itook, Arkansas, there was introduced, read and duly passed, a certain resolution Tao. 12380 w Ach resolution authorized the City ttttorney of the City of Little mock, Arkansas, on behalf of the City of Little Rock, and for the use and benefit of the Little Dock City I(ospit'al, to accept the sum of 115 #000.00, in cash, to be paid by Lenox, as Executor of the 1- 'state of Joan H. Coffman, deceased, and w' -ich sum was to be in full settlement and satisfaction -)f all right, title, interest, and claim of tre Cit of Little Rook, f,rkannas p in and to all property belonging to t e ^state of C. T. Coffman, -2y deceased, and disposed of by the terms of his will and codicil, and in fall satisfaction of all rights which tl -e City of Little Rook may have had in a certain cause No. 45662, then pending in the Pulaski CYancery Court, ;.therein the City of Little Rock was plaintiff aml "T. F. Lenon, as Ilxecutor of the Estate of J. H. Coffman, deceased, et al., were defendants. That attached hereto mariced Fxhibit "A" and made €a part of this, complaint is a certified copy of said resolution. That, as provided by laws, said resolution was duly approved by the defen,�Knt Horace A. Knowlton, as !;Iayor, and attested by the defendant, John L. Kruimn, City Clerk of the City of Little ;Rock. TYat on the 29th day of May, 19:5, there was duly resid, introduced, and passed, by a vote of thirteen ayes and t,- =,o noes, ordinance No. 5044, of the City of Little Rook, the sa::ie being entitled "An Ordf6nce Appropriating Two Thaxasand Dollars To Be Paid T�-, Coffrzan For ")ervices Rendered The City of Little Rock In The Case Of The City Of Little Rock v. '-. i . Lenon, Executor Of The noffman Fsta!;e, And For Other Purposes." Attached here to, raarked rxhibit "B ", and made a part of this coinplaint, is a certified copy of said Ordinance. As provided by la, said ordinance was duly approved by ;v the defendant, Horace J% Knowlton, as 1�,a:; or of t � a City of Little Rock, Arkansas, and attested Dy the defendant, John L. K °u:1-' -, as City Clerk. That, although ,section Three of the said Ordinance purported-to be an emergency clause, the same was improperly drawn and attached, in that it did not set. forth sufficient facts to describe tti e emergency as required by lRw, if in fact one existed, and for said reason plaintiff states that said emergency elt"130 was inoperative, and the said ordinance in uuestion did not and will not become effective until thirty days from its pasnae ,e, namely June 29th, 1933. Plaintiff states that on May 31, 19b3 , WI-Ach was two days aftor the pasiage of tre ordinance in question, and before the -game became effective as an ordinanne, the defendant, Itor_ ace it. Knowlton, demanded of the defendant John L. Kruima, City Clerk of the City of Little Rock, that the warrant in question be issued with the result -3- that on said date Warrant No. 3851 of the City of Little Nook was issued by the defendant, John L. Kruim, City Clerk, countersigned by the defendant, Horace A. Knowlton, mayor of the City of Little Nook, *chic" warrant wa:s in the surd of X2000.00, payable to ?T. 1 Coffimn. T',at as ori�inatly issued by the defendant, John L. KrumM. the said warrant was drawn upon and payable from "the Ganeral Revenue Fund of the Cite of Little Rock ", but after its issuance and attesta- tion bar the defendant Krirwat the defendant Knowlton wrongfully and fraudulently erased from the face of said warrant the words "Genv-ral Revenue Fund of the City of Little Rodk p and substituted in lieu thereof the words "City Tiospital ,special Fund ". That at the time said warrant was issued said fund was not in existence, but was created at the direction of the defendant Knowlton in order to provide prompt and i::.:.edi+at e payMent of the warrant in question since the neneral Tievenue Ftixnd of the City of Little Rock was insufficient to pay the amount of said warrant. Plaintiff states that the City Tiospital 111pecial Fund wad created by the deposit with the `l,'reasurer of the City of Little Rock of the su;n of $15,000.00 received pursuant to the provisions of Resolution too. 1288 aforesaid, and that such fund constitutes a trust. fund to be used exclusivell for the use and. benefit of the Little Rook City Hospital and for no other purpose, and b^ at the diversion of the suss of 2000.00 from said fund by the defendants wras illegal, wrongful, and known to be such by the defendant., at the t.me said warra.rrt was issued, rand that this defenda nts , and each of them, should be ro ui.red to reimburse said fund with the araount so wrongfully diverted therefrom. plaintiff nir then states that the i s suanc a of the said warrant on the 31st day of MaY, 1433, before the said Ordinance No. 5044 became effective, was illegal, wrongful, and Maliciously done by the d­`'Andant'l and that the defendants and e ch of them knew that Ordinance would not becowe effective ^ a period of thirty day May 29, 1933; that therefore said .v ` should not have sued, and the defendants , and ea c'. should be requirf jimburse the said "City T!os pital_... �ndtl vith -4- the amount so wrongfully withdrawn froza, said fund by them. Plaintiff further st %tes that the all%ations sot forth in said Ordinance No. 5044 area false and. were known to be false at the time said ordinance was prepared and g- esented to the City Council of the Cit`° of Little look, in that t�.e defendant, 13. Lo Coff -rAr never performed or rendered any services to the C; ty of Little .Pock in the case of tt* City- of Li! tle 1 <ook v. .,. Lenon, Executor, or any other ca3e, and if na id services were rendered they were rendere;� n1thout expectation of pecuniary reward or com- pensation and without specific employment by the City of Little Rook, and in no event were worth the sum of 1.2000.00; and ;)lair tiff states that said ordina, ee wnv , in truth and fact gassed IfOr the special use and benefit of the defers _aunt, Lirrycod L. Brickhouse, City attorney, in order to give said defendant t:rickhOWe acd _tiona 1 compensation for services rendered the City of Little dock as City Attorney. '?laintiff st;fates that the defendant, Lirwood L. Brickhouse is paid a aionthly salary by the City of Little Rock of X215.00 per month which salary is paid for this services rerviered the City of Little oak in the capgoity of Cit; Attorney and that he is in no event entitled to recover additional compensation from the City of Little :sock for services rendered in tbes case of City of Little :stook V" ". Lenon, 'zecutor, or any oth€�r cases, and that if the said defendant Briokhouse received all or any portion of the sum appropri- ated under Ordinance No. 5044, t1le s :ae was wrongfully and Illegally received by him, and he should be ordered to repay same to the "City Hospital ` >pecial Fund "from which said sum was wrongfully diverted. Pla4l.ntif f further states that preliminary to the passage of said Ordinance, . everal ;� (: tinbs ,ti.e; °e held by the Ffinance Co; r- I ttee of the City Council of the City of Lit .,sae Rook at which the question of awarding the said defendant Brickhouse additional compensation 1 )y&s discussed, and that as a result of said meetings and said disauss.ions, the ordinance in q.- e 3 ion wf;s pa is ;r_:d, and pla nti. ft' s tcatos that all of sRid sum so a►rjr>r#priat.ed under said ordinance w€cs in truth find fact paid to and received by the defendant Brickhouse, rMat he should be ordered to return said money to the City of Littler Mock. Plaintiff stages that he is not advised fai to whether •5- said we�rrant ? o. 3851 Yi{ s in truth and fact be >en presented for payment or whether the :3a-,Ie has bee'= ELI ctuall paid by the City Treasurer, but if sa:s.e has not been paid then plaintiff asks that a -,- estrainlng order issue to prohibit cashinz; of said warrant, and to recivire its deposit in tine registry of this Court, plaintiff further asks teat if said warrant has been cashed and +mss proceeds trereof paid to the defendants, any end all of them, that they, and each of them, be by this court order- ed and directed to deposit said sur so r ageived by them into the registry of t??is Court pending a final hearing of this cause. plaintiff states that, by virtue of the issuance of the warrant by the defendants, Txor ac a A. Knowlton, Ada;; or , and John L. Y{tusns , City Clerk, that they, and eaer of then are liable to the City of Little Rock for the said Bug, of money so wrongfully obtain • ed by their co- defendants, and that upon a final hearing of this cause, judg.nent be rendered against then together with judgr ent against their co -defendants. platntif f states thAt he :18 a citizen, 'resident and tax payer of the Oi ty of Little Rock, ^rkansas, and brings t).. is suit on behalf of himself and all other citizens and tax payers of the City of Littlo Rock similarly situated, and that by the conduct on the part of the defendants, and, each of these, this plaintiff, together with all other citizens of Little Dock, have suffered irreparable injury and da:; -age. VStiFRF.FORE, plaintiff asks judgmQnt a�a1.nst the defendants and each of them, in the sum of t"2000.g0; that a restraining order issue against t?,e defendants and ea Ch of them to prohibit the City Treasurer of the City of Little hock from payirW, out any funds to the credit of the "City Hospital `:one ciai Find" and ' o fur th er prohibit said City 'Treasurer from paying. warrant Ito. 3851 of the City of Little Rock, drawn a °a! nst said. fund, or any other *errant which may be drawn a -minst said fiend, pending a final hearing; of this cause in t}�.is Court; that a mandatory injunction issue against the defendants, and each of them, to re uire them, and each of them to forthwith deposit in the registry of this court the sum of $2000.00 obtained by them, and/or e., ch of them, and /or any of them, ,'s a �3 result of ,Cf. t t 3851, drag upon the City Hospital " °pedal d; vin een pa to them:, or either of them; that upon a finarir< of tl7tis cause, plaintiff, for the use and benefit of the City of Little Pock and the City Hospital. ; )pe3c:i 4 I jnd of the City of Little Rocsk, have ,judgment against the defenlRrts, and ere", of them in the sum of x 000.00, and for all R other egUitable and proper reliefe t.. phT L. �:tiBINr�H� , ,7,51IFTtor For PIVREOT C 1 PULASKI CHANCERY COURT SUMMO 4 Case STATE OF ARKANSAS, ss. County of Pulaski. THE STATE OF ARKANSAS To the Sheriff of P rJ L `% S K County: You are commanded to summon $orp.ce A. Knowlto 'S Mayor of the F City of Little fto4; Linwood ?s. Brickho e, City Attorney of f, the City of Little Rook; John L. Kry ur�n, Clerk of the City of Little Rock; G. L. Alev+..nder, Treasurer of the City of Little 3 Rock; and H. R. Coffman to answer in twenty days after the service of this summons them in the Pulaski Chancery Court by Gporge T. Love them complaint in equity filed against and you will make due return of this summons within twenty days after service of same. WITNESS my hand and seal of said Court, this 27th day of SM&e A. D., 193 -3. H. S. NIXON,,,Chancery Clerk. D. C. Pat L. 'lobinsoa Solicitor for Plaintiff. CITY OF LITTLE RO K Date ROLL CALL —CITY COUNCIL — OFFICIAL YEAR 1932 -1933 WARDS Names of Aldermen Votes II Long Term First Aye I No Terral, Floyd FIR R f C.wwer, C"!Il SECOND WARD Leiser, H. G. Y Tuohey, J. H. IR WARD Wassell, Sam M. OURT ARD Adkins, Homer M. G Winder, Ray FIFTH WARD Olive, A. Turner, Roy C. Duttlinger, C. H. T W D el , B. Cr — V NTH WARD Wherry, Geo. R. II�Adams, George G. EIGHTH WARD Conner, Mrs. C. C. I II Fisher, Merlin H D Scougale, A. �ib'AR� J� CITY OFFICERS AND DEPART- phone I REMARKS MENT HEADS �� II MAYOR Horace A. Knowlton 4 -8416 CITY TREASURER Oscar D. Hadfield II 4 -2020 II Harper E. Harb 4 -3886 CITY ATTORNEY II II Linwood L. Brickhouse 4 -1123 CITY CLERK II I , SUPT. PARKS AND SANITATION 111 6813 R. C. Rudisill John L. Krumm 9613 7161 — CITY COLLECTOR II II 8932 1 11 James Lawson II_4 =1278 -- CHIEF OF POLICE II II J. L. Bennett II 4 -1234 II CHIEF OF FIRE DEPARTMENT II Charles S. Hafer 1 4 -2851 CITY HEALTH OFFICER II II Dr. V. T. Webb I�_ 5402 CITY VETERINARIAN II II Dr. T. M. Dick I 5402 II ­TY v w LTT% T%A TnV T?JQ'P rTCAR II II Geo. D. Ellis II 5402 II CHIEF FOOD INSPECTOR II 5402 II Ewell Hopkins — MEAT INSPECTOR II II A. F. Coots II 6485 PLUMBING INSPECTOR �I 4 -3000 II E. L. Gruber CITY ELECTRICIAN 11 Lester E. Newland II 4 -3508 II II CITY ENGINEER II 4 -3000 W. H. Marak I, III. SUPT. PARKS AND SANITATION 111 6813 R. C. Rudisill SUPT. CITY HOSPITAL II H. K. Ford IL 7161 II I_ CITY LIBRARIAN Miss Vera Snook II 8932 1 11 INSPECTOR WEIGHTS & MEASURES J. E. Nothwang it 4 -3508 -- SUPT. AIRPORT Joseph A. Young 4 -4460 ,)fficial term of Mayor, City Treasurer, Municipal Judge and appointive officers, expires in April, 1933; City Attorney and City Clerk in April, 1934. a (Over) A R K A N S A S A B S T R A C T U R A T Y C O R. D. Lee _v s_ Jean H. Coffman and Jear. H. Coffman as Executrix of estate of C. T. Coffman, deceased. Comple. int in Equity Filed: October 31, 1925 Chancery Court Files #1393 Case N0. 434644 P E O P L E S T R U S T C Comes plaintiff and for cause of action states that on October O 29, 1925 defendant Jean H. Coffman entered into a written contract wi thM him to sell to him Lot 42 Block 2 Tuxedo Park Addition to Little Rock, A Arkansas, for the surf, of $350.00 cash payable upon her executing to him her warranty deed conveying good title tosa.id lands: N Th: -.t he has offered to pay said money and has demanded that she Y comply with the contract on defendants part which she has failed to do and he now offers said money in court and demands such deed. B "therefore he prays a decree of specific preformance of said con- U tract a copy of which is attached ;s part hereof and for costs and all I proper and general relief. L D I N G A R K A N S A S A B S T R A T G U R N Y O R. D. Lee —vs— Jean H. Coffman, et al. P E Answer and Cross Bill P Filed: October 31, 192 E 5 Chancery Court Files #1393 S C'-?sP r?°. #346421 r R U Comes Jean i. Coffman and Jean -j. Coffman a Of C. T. Coffman decd Ana for s Executrix S T a ,�,P an of estate the widow and the duly appointedsexecutirxrOf ssaidlC. T. died on that she is C day of Oct 1 2 le Coffman who 9 5 leaving his last will and testament which she became absolute ot�rer C of a by mixed of which the lend in question ll his ?property real, personal and duly is a O M part, said �arill having been probated and a cop sa e with as part hereof. y °f sane with codicil thereto P being attached `That plaintiff has declined A N to accept her warranty deed to s lands solely on account of the codicil to said said may Y will which it is c give some interest to the City f laact said codicil is titecould void for the reaenn that not same given to her in said lands by cut down the B said will ?therefore defendant prays that the nCitdoof lottteurporto do so. e a defendant U I herein to the end th -t it 'nay set up any rightsk a may claim in said lands and that which it it may be bound by any decree rendered herein and prays further that plaintiff be D required to perfrom his contract by paying said sum of � lands $350.00 and accepting I N her deed to said as agreed therein and for G costs and all proper relief. Signed: R.D.Lee Pro Se J.C. I:arshall soi for _ _ City of` Little HocK A R K A N S A S B S T R A T U R A T Y • R. D. Lee -vs- Jean H. Cof man, et al P E O Agreed Statement of Facts P L Filed: October 31, 1925 E Chancery Court Files #13 S 93 Case No. #3+644 T R U S ;fie the undersigned agree that this case may be tried uroon the following agreed statement of facts to -wit: T Jean H. Coffman is the widow of C. T. tiie duly apY�ointed and Coffman deceased and is qualfied C O execu+tirx of his extate; that the will and codicil left by him has been duly probated in M Pulaski Probate Court and that the attachedpaper is a true and correct P copy thereof. Said Jean H. Coffman is the person mentioned in said will and codicil as the wife N of said C. T. Coffman and the lands herein involved.Y being Lot 42 Block 2 Tuxedo Park Addition to Little Rock, Arkansas, is part of the property left by said C. T. Coffman. The only claim of the City of Little Rock to said lands above described is by B pea.son of said wili and codicil thereto. Plaintiff and defendant entered into the U I contract for the sale and purchase of said lands and a correct co attached copy Of same i S a, L as part hereof. Plaintiff has offered to comely with his Dart of said contract by D paying said money and she has offered him her warranty deed N to said lands which he has declined to receive on account of the pro- visions of said will and codicil which Sze claims do not give defendan t G the right to execute a deed conveying good title to said lands. Signed: R.D.Lee Pro Se J.C. Marshall Sol for Defts A.B. Cypert Sol for City of Little Rock A R K A N S A S A B S T R A C T G U A R A N T Y C O R. D. Lee -v s- Jean H. Coffman, et al FM P E O P L E Agreement S Filed: October 3'1, 1925 T Chancery Court Files #1393R U Base No. #34644 S T For the sum of $350.00 cash I agree to sell to R. D. Lee Lot 42 Block 2 Tuxedo Park Addition to Little Rock, Arkansas and agree to give aim a warianty deed thereto conveying good title. This October 29, 1925. (Signed) Jean H. Coffman. C O P A N Y B U I L D I N G A R K A N A S A S T R A C T MI G U A R A N T Y C O P E O P R. E. Lee Complaint L E Dated: Cctober 31, 1925 S -vs- 34644 Chancery Court T R Jean H. Coffman, et al Record book 73 Page 534 U S T On this day comes the plaintiff pro se, and by leave of the C O court files herein his complaint. M P A N Y S U I L D I N G A R K A N S A S A S T R A C T G U A R A N T Y C O R. D. Le e -vs- 34644 Jean H. Coffman. et al P E O P Answer L E Dated: Cctober 31,1925 S Chancery Court T R Record book 73 Page 534 U S T C On this day come Jean H. Coffman and. Jean H. Coffman as executrix O M of the estate of C. T. Coffman, deceased, defendants by J.C. Marshall, P A their solicitor, and by leave of the court file herein their answer N Y and cress — complaint. B U I L D I N G A R K A N S A S A B S T R A C T G U A R A N T Y R. D. Lee -vs- 34644 Jean H. Coffman, et al P E O P Entry and Waiver L E Dated: November 19, 1925 S Chancery Court T Record Book 73 Page 588 U S T On this day comes the City of Little Rock by A. B. Cypert, City C O Attorney, and by leave ofthe Court files herein its entry of appear- M P ante and waiver of service to the cross- complaint of Jean H. Coffman A N and Jean H. Coffman, as executrix of the estate of C. T. Coffman, Dec +d.y B U I L D I N G A R K A N S A S A B S T R A C T G U A R A N T Y C O P E O P R. D. Lee Agreed Statement of Facts L E Dated: November 19, 1925 S -vs- 34644 Chancery Court T R Jean H. Coffman, et al Record book 73 Page 588 U S T on this day come the parties hereto, and by leave ofthe court C O file herein their agreed statement of facts. M P A N Y B U I L D I N G A R P K E A O N P S L A S 73 -596 (continued) #2 E S A written contract of sale with said R. D. Lee on October 29, 1925, for B the sale to him of Lot 42, ,lock 2, Tuxedo Park Addition to Little T S Rock, Arkansas for the sum of $350.00 cash upon her executing; to him R T her warranty deed conveying, good title thereto, same `"einr, pro -perty U R left by said C. T. Coffman by his said will to his said widow. S A It is therefore nonsidered, ordered and decreed by the court T that said Jean H. Coffman execute anc deliver her warranty deed to C T said R. D. Lee tc said lands and that he pay to her said sum of 9350.00 C therefore; that she recover from him all her costs herein expended; O that the City of Little Rock, take nothing by reason of its claim and M & defense herein on account of said will and codicil. P A G N U y A R A B N U T I Y L D I C N O G A R K A N S A S A B S T R A C T L U R N Y O R. D. Lee -vs- 34644 jPan H. Coffman_ & Jean H. Coffman as Executor of the Estate of C. T. Coffman, Deceased. P E O P D E C R E E L E Dated: November 21,1G25 S Chancery Court T R Record Book 73 Page 596 U S T C On this day the plaintiff' appears in proper and defendant, Jean O H. Coffman, individualy and as executrix as aforesaid appears by her M solicitor, J.C.arshall and defendant, City of Little Rock appears P by her soliciotr, Boyd Cypert and this cause coming, on for hearing A on the complaint of plaintiff and the answer and cross - complaint of N defendant and the agreed statement of facts signed by all the parties Y including copy of the wi11 and codicil of said C. T. Coffman, deceased and the contract of sale attached thereto and made part thereof and B the court being well and sufficiently advised finds the facts as U stated in the agreed statement of facts a.nd finds further that said I All gives the title to all pro?erty left by said C. T. Coffman to L his widow, Jean H. Coffman absolutely and in fee simDle forever and D that the codicil thereto is insufficient to limit the effect of said I will as above stated or to out down the estate given to any less estate than that of an absolute estte and in fee simple as above stated .G The court further finds that said Jean H. Coffman entered into a