1995-142J:\WPDOCS\ORD\DISHSCO.ORD
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF
WILLIAM TRANTHAMAND ASSOCIATES TO REPRESENT THE CITY OF DENTON IN
LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Council of the City of Denton approves the
retention of the law firm of William Trantham & Associates, to
represent W. David Scott, at an hourly fee of $90.00 per hour, in
pending litigation styled Kathy Disheroon v. W. David Scott, Lonnie
Flemming and Jim Dotson, and authorizes the expenditure of funds
therefor.
SECTION II. That the City Manager is hereby authorized to
execute the attached contract with William Trantham and Associates
after the contract has been signed by William Trantham.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~ day of ~~, 1995.
BOB CASTLEBE Y,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~VED AS~ TO LEGAL FORM:
HERBERT L. PROUTY CITY ATTORNEY
CONTRACT OF EMPLOYMENT AND AUTHORIZATION
The undersigned, ("City"), employs the law firm of WILLIAM TRANTHAM &
ASSOCIATES ("Attorneys"), to perform all legal services which, in Attorneys' judgment, are
reasonably necessary to properly manage the following legal matters:
Represent Denton Police Officer W. David Scott, ("Client") in Disheroon vs. Scott, et al,
Cause No. 4:95CV120, currently pending in the Federal District Court of the Eastern District of
Texas, Sherman Division, hereinafter, "Disheroon", under the terms of this contract. The City of
Denton hereby reserves its fight to assert any claims, counterclaim, cross-claims or defenses it
deems necessary or appropriate to protect its own interests in this lawsuit. This contract is limited
in scope by the mandatory provisions of 180.002 of the Texas Local Government Code,
subsections (a) through (c), and is not intended as a contract for city to pay for any services,
expenses or damages in excess of the requirements of this statue. This is not an indemnity
agreement to pay any costs or attorney fees for David Scott individually, nor is it an agreement to
indemnify David Scott for any damages awarded against him individually.
The City acknowledges that said Attorneys are to file pleadings on Client's behalf,
negotiate on Client's behalf, and to take such other legal steps and procedures as may be
appropriate in handling Client's legal matters. The City acknowledges that both City and the
Attorneys have told Client that they can make no guarantees of a successful or satisfactory
outcome of the dispute.
In consideration of the employment of Attorneys, City agrees to pay Attorneys as follows:
1. An hourly fee of $90.00 per hour reasonably expended by any Attorney
hired by Attorneys.
2. Reimburse reasonable and necessary expenses.
The City will be charged a fee equal to the number of reasonable hours worked, times the
hourly fee applicable. Attorneys estimate that no more than 300 hours of attorney time shall be
necessary, and shall notify City un the event that if becomes necessary to exceed this estimate. The
charges will be sent to City in periodic statements. It is understood that William Trantham will be
responsible for the litigation, that he will be the primary attorney in the firm rendering legal
services for Client, and that he shall attend and serve as the lead attorney at trial, at depositions,
and on appeal, if any.
The City is responsible for all court costs, investigation fees, deposition expenses.
Expenses will be reimbursed with payments of Attorneys' monthly statements. Attorney agrees to
submit, upon request, a detailed breakdown of expenses.
Amounts recovered from the opposing party for attorney's fees and court costs will be
credited against the amounts owed by City to Attorneys, but only when such amounts are actually
received by Attorneys..
SIGNED this day of ,1995.
WILLI~CIATES CITY OF DENTON, TEXAS
BY:////'//// z BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~Y~ATTORNEY