1995-008E:\WPDOCS\ORD\KELLY.HAR
ORDINANCE NO. ~
~ ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTACT
BETWEEN THE CITY OF DENTON AND KELLY, H~T & ~LLMAN FOR PROFES-
SIONAL LEG~ SERVICES ASSOCIATED WITH THE LANDFILL PERMITTING
PROCESS; AUTHORIZING THE EXPENDITURE OF F~DS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE CO~CIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a contract between the City of Denton and Kelly, Hart &
Hallman for professional legal services associated with the
landfill permitting process, a copy of which is attached hereto.
SECTION II. That the expenditure of funds as outlined in the
contract is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and aP~al.~~
PASSED AND APPROVED this the ~ day _ 95.
BOb CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETLY
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
KELLY, HART & HALLMAN
(A PROFESSIONAL CORPORATION)
ATTORNEYS AT LAW
301 CONGRESS, SUITE 2000
AUSTin, TEXAS 7870I
~OI main STREET, SUITE 2500
TELEPHONE {5i2) 435-6400 Fort WORTH. TEXAS 76102
TELECOPY (512) 495-640~ TELEPHONE (317) 332-2500
WRITER'S DIRECt D~AL NUMBER TELECOPY (817) 878-9280
(512) 495-6400
December 29, 1994
VIA TELECOPY AND REGULAR MAIL
Mike Bucek, City Attorney
City of Denton,
Demon City Hall
215 East McKinney
Denton, Texas 76201
Re: Legal Representation of the City of Denton Utility Administration
(the "City") by Kelly, Hart & Hallman, P.C.
Dear Mr. Bucek:
We enjoyed meeting with you and other representatives of the City of Denton yesterday
and are pleased that you have requested our legal assistance in the permitting of the City's
municipal solid waste landfill expansion. Our conflicts check indicates there are no conflicts
within the firm that would prevent our representing the City. Set forth below are the terms of
our engagement for the landfill matter and for any other work that we may be requested to
perform for the City.
We bill monthly for our time and disbursements. Our hourly rates range from $80 per
hour for our most junior associates to $270 per hour for our most experienced lawyers. Jeff
Civins' billing rate is $235 per hour and Susan Zachos' billing rate is $165 per hour. Other
attorneys in our environmental section bill at rates ranging from $90 to $200 per hour. Where
possible, we use our legal assistants and staff to perform routine research and document
management and retrieval. The legal assistants' rates range from $60 to $75 per hour. All rates
are subject to change during the course of this firm's representation. The firm also charges for
its om-of-pocket costs incurred in the course of its representation. Those charges might include
photocopy and telecopy expenses, long-distance costs, delivery costs, filing fees, legal database
charges, and staff overtime as needed for time-sensitive projects. Expenses will be billed on the
same basis as discussed above for attorney time. If our representation is terminated prior to the
conclusion of this matter, the City will be responsible for fees and disbursements accrued to the
date of termination. We ask that each bill be paid within thirty days after the date it is received.
6202.1
Mr. Mike Bucek
December 29, 1994
Page 2
If the City's application for a permit amendmem authorizing the expansion of the solid
waste landfill is uncontested, our legal fees will not exceed a total of $20,000. An
"uncontested" permit is one that is not (1) protested by third parties or (2) challenged by the
TNRCC staff on substantive technical or legal issues requiring protracted negotiations. If such
circumstances arise, we will notify you when we approach the $20,000 cap so that we can
discuss the stares of the project and/or obtain authorization for additional work.
By execution of this letter, the City indicates its agreement with these tek,ns and
conditions. Enclosed is an additional copy of this letter for your records. We look forward to
working with you.
Very truly yours,
KELLY, HART & HALLMAN, P.C.
Susan). Zachos
Jeff Civins
JC/tl
Enclosures
cc: Mr. Mark L. Hart, Jr.
ATTEST: CITY OF DENTON
Title:
Date:
6202.1