1992-200b \llt\parkctt¥ ord
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 lawflrm of Lloyd, Gossellnk, Fowler, Blevlns 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 C~ty Council authorizes the City Manager
to execute an agreement for legal services with Lloyd, Gossellnk,
Fowler, Blevlns 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 SECRETARY
APPR~ED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
RECEIVED OfT ? S 'lqq
LLOYD, GOSSELINK, FOWLER, BLEVINS & MATHEWS,
Attorneys at Law
£FORGE £ BALDWIN Post Office Box 1725 Austm, Ttxas 78767
£11L~LLY N BLEVINS Office (512) 322-5800
PAULA K FISHES FAX (512) 472-0532
GFOHI~.LY% [UlROV October 22, 1992
Mr. Robert E. Nelson
Executxve Dxrector of utxlxtxes
Cxty of Denton
215 East McKxnney Street
Denton, Texas 76201
RE: Employment Contract
(~06003: Bxllxnq Fxle)
Dear Bobs
Thxs wxll confxrm our agreement that the fxrm of Lloyd,
Gosselxnk, Fowler, Blevxns & Mathews, P.C wxll represent the Cxty
of Denton wxth respect to the Cxty's xnterventxon xn water rxghts
lxtxgatxon by and between the Dallas County Munxcxpal utxlxty
Dxstrxct and the cxtxes of Dallas and Grapevxne At the present
txme we wxll work under the dxrectxon of you and the City Attorney,
Debra A. Drayovltch. Addxtxonally, we wxll represent the Cxty of
Denton xn any other matter requested, provxded we do not have a
conflxct of xnterest.
Followxng our evaluatxon of the facts and estxmated costs
assocxated wxth thxs or other matters, upon whxch we represent you,
we may request security against future bxllxngs Failure to
delxver the requested securxty wxthxn fxfteen (15) days after
rece/pt of a wrxtten request may result xn termination of thxs
firm's representation
At the present txme our fxrm has a fee structure rangxng up
to $195.00 per chargeable hour for attorneys' servxces, dependxng
on the xndxvxdual xnvolved and hxs or her level of experxence and
expertxse. Addxtxonally, we utxllze briefing clerks and paralegals
to perform those tasks not requxrxng the txme of an attorney
Br~efxng clerk and paralegal t~me ~s bxlled at an amount not to
exceed $50.00 per hour. We wxll submzt all out-of-pocket expenses
xncurred for rexmbursement, with a fxfteen percent (15%) overhead
charge added Usually we ask the clxent to pay dxrectly all fxlxng
fees, charges for consultants, etc due to the sxze of such fees
and to avoxd the clxent xncurrxng our overhead charge We endeavor
to have a statement of servxces rendered and expenses xncurred 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 ls due on receipt of the
statement. Interest w~ll be charged at the rate of 10% per annum
on any balance not pald 60 days after the statement date
I will be the account representative and the attorney ~n
charge of our representation. Although my time is normally b~lled
at $195 per hour, I have agreed that I w~ll lower my rate to $175
per hour. George Basham will be working w~th me and his t~me w~ll
be billed at the rate of $160 per hour. From t~me to t~me other
attorneys with the firm may be assigned to some aspect of our
representation, as appropriate. It ~s the policy of our f~rm to
review our fee structure annually We w~ll not~fy you ~n writing
prior to ~mplementat~on of any change ~n our fee structure
Th~s agreement may be terminated by you at any time by written
not~ce to us, provided, when applicable, that permission for
withdrawal from employment Ks granted by the court This agreement
may be terminated by th~s f~rm on fifteen (15) days written not~ce
that we are no longer in a posltlon to continue representing you
· n a particular matter for whatever reason, ~nclud~ng nonpayment
of fees and expenses w~th~n 30 days of receipt of an ~nvo~ce
If th~s agreement ~s acceptable to you, please have the
duplicate original provided herein s~gned, and return ~t to us for
our records. We look forward to working with you
/
cc: Debra A. Drayov~tch
APPROVED:
CITY OF DENTON
l~a ~. Harrell
c~ty Manager