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1992-052e \~pdocs\tft\~ood ord ORDINANCE NO 9o%- AN ORDINANCE OF THE CITY OF DENTON APPROVING A CONTRACT RETAINING R WILLIAM WOOD OF THE LAWFIRM OF WOOD, SPRINGER & LYLE, P C , TO REPRESENT THE CITY IN PENDING LITIGATION, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City Manager is hereby authorized to execute a contract between the city of Denton R William Wood of the lawfirm of Wood, Springer & Lyle, P C , to represent and provide legal services to the city in litigation styled DaVi~ L, Smith and Lavon Smith vs. Ernest Calvert, Individually, Calvert Paving,CorD.. and the city of Denton, and Jack W, GillisDie d/b/a Jack W,, GlllisDie CLU Investments vs CltV of Denton. Texas, under the terms and conditions contained within said contract, a copy of which ls attached hereto and made a part hereof SECTION II That the City Council hereby authorizes the expenditure of funds in accordance with the contract S~CTION III That this ordinance shall become effective immediately upon 1ts passage and approval PASSED AND APPROVED this the/~day of 7'~'f-~ r , 1992 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY sY ALIO017E CONTRACT OF EMPLOYMENT AND AUTHORIZATION The undersigned, ("Client"), employs the law firm of WOOD, SPRINGER & LYLE, A PROFESSIONAL CORPORATION, ("Attorneys"), to perform all legal services which, in Attorneys' judgment, are reasonably necessary to properly manage the following legal matters Represent the City's interest in GlllesDle vs Cltv of Denton and Smith vs. city of Denton. Client authorizes said Attorneys to f~le pleadings on 1ts behalf, negotiate on its behalf, and to take such other legal steps and procedures as may be appropriate in handling its legal matters Client acknowledges that 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, Client agrees to pay Attorneys as follows 1 Hourly fee of $120 00 per hour for Attorney's work 2 Hourly fee of $40 00 per hour for Legal Assistant's work Client will be charged a fee equal to the number of hours worked times the hourly fee applicable The charges shall be sent to Client in periodic statements It is understood that Bill Wood will be responsible for the litigation and that he shall be the primary attorney in the firm rendering legal services Client is solely responsible for all court costs, investiga- tion fees, deposition expenses, and other items of expense, which include minimal file initiation fee, long d~stance telephone calls, photostatic copies and certified mall expenses Client agrees to reimburse Attorney upon receipt of invoices for such expenditures Expenses shall be reimbursed with payments of Attorneys' statements Attorneys agree to submit, upon request, a detailed breakdown of expenses If Client fails to pay any amount due Attorney within Ten (10) days of demand, Attorneys may terminate the relationship of attorney/client and withdraw as client's Attorneys without further responsibility to proceed in its behalf Client may terminate Attorneys' services at any time Amounts recovered from the opposing party for attorney's fees and court costs shall be credited against the amounts owed by Client to Attorneys, but only when such amounts are actually received by Attorneys SIGNED this /~ day of ~~__, 1992 WOOD, SPRINGER & LYLE, CITY OF DENTON, TEXAS A PROFESSIONAL CORPORATION Page 2