1993-070J:\WPDOCS\ORD\BOLIVAR.CCN
ORDINANCE NO. -0 20 - 93 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 ADMINISTRATIVE PROCEEDINGS STYLED
APPLICATION OF BOLIVAR WATER SUPPLY CORPORATION FOR AMENDMENT TO
CCN NUMBER 11257 AND APPLICATION OF CITY OF DENTON FOR AMENDMENT TO
CCN NUMBERS 10195 (WATER) AND 20072 (SEWER); AND PROVIDING 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 Application of Bolivar Water Supply Corporation for Amend-
ment to CCN Number 11257 and Application of City of Denton for
Amendment to CCN Numbers 10195 (Water) and 20072 (Sewer).
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
immediately upon its passage and approval.
PASSED AND APPROVED this ther~O day of 1993.
-ftj
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS T LEGAL FORM:
DEBRA A. DRAYOVITCCH, CITY ATTORNEY
BY:
LLOYD, GOSSELINK, FOWLER, BLEVINS & MATHEWS, P.C.
Attorneys at Law
GEORGEC BALDWIN
GEORGE V BASHAM ❑I
ERICH M. BIRCH
CHESLEY N. BLEVINS
GEORGIA N CRUMP
PAULA K FISHER
ROBERT D FOWLER
C. JOE FREELAND
PAUL G GOSSELINK
RICHARD L. HAMALA
ROBERT H. LLOYD
JIM MATHEWS
MARTIN C. ROCHELLE
ELIZABETH V. RODD
KERRY E. RUSSELL
LAMBETH TOWNSEND
Mr. Robert
Executive
City of
215 E. cR
ton
Denton as
111 Congress Avenue
San Antonio Office:
Suite 1800
272 South Flores
San Antonio, Texas 78204
Austin, Texas 78701
Telephone (210) 226-5656
Telephone (512) 322-5800
Telecopier(210) 533-5554
Telecopier (512) 472-0532
Of Counsel
JACKSON B BATTLE
April 22, 1993
ROBERT R PUENTE
STEVE STAGNER
T _ v t Relations Consultant
of licensed of licensed to practice law)
Nelson
ctor of Utilities APR 2 81993
y
76201 CITY o~ r,"ITON
LEG; L OL-PT
Re: Employment Contract
(106002: Billing File)
Dear Mr. Nelson:
This will confirm our agreement that the firm of Lloyd,
Gosselink, Fowler, Blevins & Mathews, P.C. will continue to
represent the City of Denton with respect to the City's protest of
the Bolivar Water Supply Corporation's request that the City be
decertificated to a portion of its CCN area, as well as with
respect to the City's application to amend its CCN. As you know,
we have been working on this matter at your request since June
1992. The matter has escalated somewhat due to additional parties
and competing applications being filed. This letter is being sent
to you at your request in order that your files accurately reflect
our relationship with the City in this matter. We have been
working under the direction of you and the City Attorney, Debra A.
Drayovitch, and we will continue in this manner. 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
Mr. Robert E. Nelson
April 22, 1993
Page 2
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
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. Georgia Crump will be working with me and her time will
be billed at the rate of $130 per hour. Her billing rate is higher
on this matter than on other matters she has worked on for the City
owing to her expertise in this matter. 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 sign the
duplicate original provided herein, and return it to us for our
records. We look forward to working with you.
RHT / j me
1060\002-OOO.LTR
Enc loe
cc: Debra Drayovitch
Mr. Robert E. Nelson
April 22, 1993
Page 3
APPROVED:
CITY
t Signature)
City Manager
(Title)
Lloyd V. Harrell
(Printed Name)