1991-137e wpdocs\lgfbm l
ORDINANCE NO 91-13-7
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF LLOYD,
GOSELINK, FOWLER, BLEVINS AND MATHEWS, P C TO REPRESENT THE CITY
OF DENTON IN CONNECTION WITH THE CITY'S CONTRACT FOR WATER SERVICE
TO THE UPPER TRINITY REGIONAL WATER DISTRICT, 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
retainer of the lawfirm of Lloyd, Goselink, Fowler, Blevins and
Mathews, P C to represent the City in the analysis, preparation,
review and negotiation of documents relating to the execution of a
contract with the Upper Trinity Regional Water District relating to
the sale of water
SECTION II That the Council of the City of Denton authorizes
the City Manager to sign the agreement of representation
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the 3 -j day of , 1991
/Ql
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS O LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY LAAJ
LLOYD, GOSSELINK, FOWLER, BLEVINS & MATHEWS, P.C.'
Attorneys at Law
GEORGE C. BALDWIN
GEORGE V. BASHAM 111
CHESLEY N. BLEVINS
GEORGIA N. CRUMP
PAULA K. FISHER
ROBERT D. FOWLER
C. JOE FREELAND
PAUL G. GOSSELINK
RICE IARD L. HAMALA
ROBERT 11. LLOYD
JIM MATHEWS
KENNETII RAMIREZ
S- RI IB'IT ROBINSON
MARTIN C. ROCHELLE
ELIZABETH V. RODD
KERRY E. RUSSELL
LAMBETH TOWNSEND
Post Office Box 1725 Austin, Texas 78767
Office (512) 322-5800
FAX (512) 472-0532
July 3, 1991
Of Counsel
JACKSON B. BATTLE
STEVE STAGNER
Government Relations Consultant
(Not licensed to practice law)
Mr. Robert E. Nelson
Executive Director of Utilities
City of Denton
215 East McKinney Street
Denton, Texas 76201
Re:
Dear Bob:
Employment Contract
(106001: Billing File)
This will confirm our agreement that the firm of Lloyd,
Gosselink, Fowler,
of Denton with res
City and the Upper
the purchase of
transmission lines
joint use, jointly
~ At the present time
City Attorney, D
represent the Cit
provided we do not
Blevins & Mathews, P.C. will represent the City
pect to the analysis of contracts between the
Trinity Regional Water District pertaining to
treated water from the City and use of its
on an interim basis, and the construction of a
owned water treatment plant on Lake Ray Roberts.
we will work under the direction of you and the
ebra A. Drayovitch. Additionally, we will
y of Denton in any other matter requested,
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
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
111 Congress Avenue Suite 1800 Austin, Texas 78701
Mr. Robert E. Nelson
July 3, 1991
Page 2
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 108 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 $115 per hour. 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. As
discussed, we will keep the fee at or below $9,500 without prior
authorization.
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 have the
duplicate original provided herein signed, and return it to us for
our records. We look forward to working with you.
Si 0ee Robe
r. Lloe
RHL:mld
cc: Debra A. Drayovitch
APPROVED:
CITY OF
LivYu v ♦aniicii,
City Manager
10e0\000-001.EMc
LLOYD, GOSSELINK, FOWLER, BLEVINS & MATHEWS, P C
Attorneys at Law
GEORGE C BALDWIN
Post Office Box 1725 Austin Texas 78767
Of Counsel
GEORGE V BASHAM III
JACKSON B BATTLE
CHESLEY N BLEVINS
Office (512) 322 5800
GEORGIA N CRUMP
FAX (512) 472 0532
PAULA K FISHER
ROBERT D FOWLER
STEVE STAGNER
C JOE FREELAND
G vernment Relations Consultant
PAUL G G055ELINK
(Not I caned t J, actsce law)
RICHARD L HAMALA
ROBERT H LLOYD
JIM MATHEWS
KENNETH RAMIREZ
S RHETTROBINSON
1991
August 8
MARTIN C ROCHELLE
,
FLIZABETH V RODD
KERRY E RUSSET L
I AMBETII TOWNSEND
Mr Lloyd V Harrell
City Manager
City of Denton
215 East McKinney Street
Denton, Texas 76201
Re Employment Contract
(106001 Billing File)
Dear Mr Harrell
This will confirm our agreement that the firm of Lloyd,
Gosselink, Fowler, Blevins & Mathews, P C will represent the City
of Denton with respect to the analysis of contracts between the
City and the Upper Trinity Regional Water District pertaining to
the purchase of treated water from the City and use of its
transmission lines on an interim basis, and the construction of a
point use, jointly owned water treatment plant on Lake Ray Roberts
At the present time we will work under the direction of you and the
City Attorney, Debra A Drayovitch 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
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
111 Congress Avenue Suite 1800 Austin Texas 78701
Mr Robert E Nelson
August 8, 1991
Page 2
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 $115 per hour 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 have the
duplicate original provided herein signed, and return it to us for
our records We look forward to working with you
Sin r y,
Robert LIoyc
RHL mld
cc Debra A Drayovitch
Robert E Nelson
APPROVEDt
CITY OF DENTON
L1 y V Harrell,
City Manager
1060\000-001 EMC