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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