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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