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1991-054bhso ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF BICKERSTAFF, HEATH & SMILEY TO REPRESENT THE CITY OF DENTON IN CONNECTION WITH THE PROPOSED SALE OF THE CITY'S COMMERCIAL SOLID WASTE OPERATIONS TO TEXAS WASTE MANAGEMENT, 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 Bickerstaff, Heath & Smiley to represent the City, in the preparation and review of documents relating to the proposed sale of the City's commercial solid waste operations to Texas Waste Management of Texas SECTION II That the Council of the City of Denton authorizes the City Attorney to sign the agreement of representation SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the0oo'h6 day of 1991 ATTEST JENNIFER WALTERS, CITY SECRETARY dAA%1 Idol BY APPRO ED A PTO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY Bickerstaff, Heath & Smiley BAN JACINTO CENTER SUITE 1800 98 SAN JACINTO BOULEVARD AUSTIN TEXAS 78701 4098 5 12/4720021 TELECOPY ONLY 512/920 5898 February 28, 1991 Debra Drayovitch City Attorney City of Denton Municipal Building Denton, Texas 76201 STEVE BICNERSTAFF MANUEL O MENDEZ C ROBERT HEATH SYDNEY W FALK JR MARTHA E SMILEY DAV D MENOEZ THOMAS M POLLAN CATHERINE BROWN FRYER ANN CLARKE SNELL PATRICIA E RANT ANDREW FEVER J GREG HUDSON CAROLYN E $HELLMAN WILLIAM D OUGAT III UOUGLAS G CAROOM JESUS SIFUENTES LINDA RAKER DEBORAH HERZBERG LOOMIS MYRA A M DANIEL BARNEY L KNIGHT SUSAN C GENTZ KELLEY K ATFINSON ROBIN A CASEY VALARIE SCOTT BRISTOL KATIE BOND LYNN RAY SHERMAN . d GHNMO AGmI I I II L w- T u B d 01 L M SPAeI SPIT Re City Proposed Sale of Commercial Solid Waste Dear Ms Drayovitch This letter will confirm an agreement that the firm of Bickerstaff, Heath & Smiley will represent you in connection with the City of Denton's proposal to sell its commercial solid waste operations to Texas Waste Management our fees for legal services are as follows (1) the time of all partners will be billed at $175 00 per hour, (2) the time of associates will be billed at $160 00 to $80 00 per hour, depending on experience, (3) the time of briefing clerks will be billed at $60 00 per hour, (4) the time of paralegals will be billed at $60 00 per hour In addition, costs may be sent to you for direct payment, and all out-of-pocket expenses incurred on your behalf will be submitted to you for reimbursement our billing period begins on the 16th of the month and ends on the 15th of the following month we try to have a statement in the mail before the end of each month Our bills are due upon receipt and we anticipate that the bill will be paid within 30 days after you receive it If our bill is not paid within 60 days of the billing date, interest will be charged at the rate of 1-1/2% per month (18% per annum) on any and all unpaid balances until paid Failure to pay the amounts billed will relieve us of the responsibility to continue to work on your case Debra Drayovitch, City Attorney City of Denton Febraury 28, 1991 Page Two it is the policy of our firm to review fees each year and to make such adjustments as may be necessary to reflect current economic conditions we will consult with you and notify you in writing if the fee structure stated above is modified if this arrangement 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 G v truly urs, Dougl G Caroom APPROVED n 5e bra Drayov c C y Attorney City of Denton, exas MAR 1991 CI rY Tyra LLB