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HomeMy WebLinkAbout1992-200b \ltt\parkcity ord ORDINANCE NO. V?00 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF THE LAWFIRM OF LLOYD, GOSSELINK, FOWLER, BLEVINS and MATHEWS, P C. TO REPRESENT THE CITY IN PENDING LITIGATION STYLED PARK CITIES MUNICI- PAL UTILITIES DISTRICT V. CITIES OF DALLAS AND GRAPEVINE; AND PRO- VIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Council of the City of Denton approves the retainer of the lawfirm of Lloyd, Gosselink, Fowler, Blevins and Mathews, P C. to represent the City in pending litigation styled Park Cities Municipal Utilities District v. Cities of Dallas and Grapevine. SECTION II That the City Council authorizes the City Manager to execute an agreement for legal services with Lloyd, Gosselink, Fowler, Blevins and Mathews, P.C., a copy of which is incorporated herein as Exhibit A. SECTION III. That the City Council hereby authorizes the expenditure of funds as authorized by the contract SECTION IV. That this ordinance shall become effective immedi- ately upon its passage and approval PASSED AND APPROVED this the /day of November, 1992 ATTEST: JENNIFER WALTERS, CITY SECRETAxx BY. APPR ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY* ?LMa� JQ I J fl') DECEIVED nrX 2 s lggg LLOYD, GOSSELINK, FOWLER, BLEVINS & MATHEWS, PC Attorneys at Law CFORGE C BALDWIN Post Office Box 1725 Austin, Texas 78767 Of C,,.�,..I C FORGE V BASHAM III IA( KSON B BATTI F u ILSLLYN BLEVINS Office (512) 322-5800 C LOR( IA N CRUMI FAX (512) 472-0512 PAULA K FISHER ROBLRP I) EOWI PR STFNI SIA(NFI. C JOE FRI El AND Cov,mmuv Rchhnin ComWM1N IAFT ( COSSFIINK (No Bun.xi to "'d", hl) RICHARD I I IAMALA ROBERT 11 LI OYD JIM MATHEWS GFOII RLYS IE, ROV October 22, 1992 MARTIN C ROCHFLLE I LIZA13FTI I V RODD KERRY F RUSSELL 1 AMBL uI TOWNSEND Mr. Robert E. Nelson Executive Director of Utilities City of Denton 215 East McKinney Street Denton, Texas 76201 RE: Employment Contract (106003• Billing F,lel Dear Bob: This will confirm our agreement that the firm of Lloyd, Gosselink, Fowler, Blevins & Mathews, P.0 will represent the City of Denton with respect to the City's intervention in water rights litigation by and between the Dallas County Municipal Utility District and the cities of Dallas and Grapevine At the present time we will work under the direction of you and the City Attorney, Debra A. Drayovitch. Additionally, we will represent the City of Denton in any other matter requested, provided we do not have a conflict of interest. Following our evaluation of the facts and estimated costs associated with this or other matters, upon which we represent you, we may request security against future billings Failure to deliver the requested security within fifteen (15) days after receipt of a written request may result in termination of this firm's representation At the present time our firm has a fee structure ranging up to $195.00 per chargeable hour for attorneys' services, depending on the individual involved and his or her level of experience and expertise. Additionally, we utilize briefing clerks and paralegals to perform those tasks not requiring the time of an attorney Briefing clerk and paralegal time is billed at an amount not to exceed $50.00 per hour. we will submit all out-of-pocket expenses incurred for reimbursement, with a fifteen percent (15%) overhead charge added Usually we ask the client to pay directly all filing fees, charges for consultants, etc due to the size of such fees and to avoid the client incurring our overhead charge We endeavor to have a statement of services rendered and expenses incurred by 111 Congress Avenue Suite 1800 Austin Texas 78701 Mr Robert E. Nelson October 22, 1992 Page 2 the 15th of each month Full payment is due on receipt of the statement. Interest will be charged at the rate of 10% per annum on any balance not paid 60 days after the statement date I will be the account representative and the attorney in charge of our representation. Although my time is normally billed at $195 per hour, I have agreed that I will lower my rate to $175 per hour. George Basham will be working with me and his time will be billed at the rate of $160 per hour. From time to time other attorneys with the firm may be assigned to some aspect of our representation, as appropriate. It is the policy of our firm to review our fee structure annually We will notify you in writing prior to implementation of any change in our fee structure This agreement may be terminated by you at any time by written notice to us, provided, when applicable, that permission for withdrawal from employment is granted by the court This agreement may be terminated by this firm on fifteen (15) days written notice that we are no longer in a position to continue representing you in a particular matter for whatever reason, including nonpayment of fees and expenses within 30 days of receipt of an invoice If this agreement is acceptable to you, please have the duplicate original provided herein signed, and return it to us for our records. We look forward to working with you S RHL:mb 1060\003-001 LTR cc: Debra A. Drayovitch APPROVED: CITY OF DENTON 14 4.HarLrel2l City Manager