1990-167ORDINANCE NO. 1 6 7
AN ORDINANCE OF THE CITY OF DENTON APPROVING A CONTRACT RETAINING
R. WILLIAM WOOD TO REPRESENT THE CITY IN CLAIMS AGAINST AUGUST
INTERNATIONAL COMPANY AND WASHINGTON NATIONAL INSURANCE COMPANY;
AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a contract between the City of Denton and R. William Wood
to represent the City in claims against August International
Company and Washington National Insurance Company under the terms
and conditions contained within said contract, a copy of which is
attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in accordance with the contract.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this theoo day of , 1990.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
THE STATE OF TEXAS
COUNTY OF DENTON
CONTRACT OF EMPLOYMENT
AND
POWER OF ATTORNEY
The undersigned ("Client") hereby employs the law
firm of R. William Wood ("Attorney") to do all legal
proceedings which, in their judgment, are reasonably necessary
to properly manage the following legal matters:
Handling a claim or suit against August
International Corporation and Washington National
Insurance Company for damages to the client arising
from Washington National's failure to pay claims to
the client in compliance with the stop loss
insurance policy.
Attorney agree to exercise reasonable care and diligence in
investigating the factual and legal merits of Client's claim.
In the event that Attorneys' investigation leads him to the
opinion that continued pursuit of Client's claim is not
reasonably justified, upon reasonable notice by Attorney, this
agreement shall be terminated and shall impose no further
obligation on the part of Attorney or Client. In the event
that such an opinion is rendered by Attorney during the
pendency of a legal proceeding, Client agrees to execute any
documents necessary to effect the withdrawal of Attorney from
the case.
In consideration for Attorney's services, Client agrees to pay
Attorney a contingent fee equal to 33 1/3% of the total amount
of any recovery made prior to suit being filed, and 40% of the
total amount of any recovery made after suit is filed, whether
by settlement, judgment or otherwise. If an appeal is
perfected, Client agrees to pay an additional 10% of the
recovery. Client sells, conveys and assigns to Attorney an
interest, equal to the amount of Attorneys' fees, in and to
the claim and cause of action, and any judgment rendered.
Exhibit "A" attached hereto modifies this part of the
agreement.
Client acknowledges that the law requires it to be responsible
for all out-of-pocket expenses; however, Attorney will pay
these expenses as they accrue, and the amounts expended will
constitute advances of funds on its behalf.
Client shall keep Attorney advised of any change of location,
shall appear on reasonable notice at depositions and court ap-
pearances, and shall comply with all reasonable requests of
Attorney in connection with the preparation and presentation
of Client's case.
Client hereby grants Attorney its power of attorney to execute
all documents connected with this claim, including pleadings,
contracts, checks or drafts, settlement agreements,
compromises and releases, verifications, dismissals, and
orders; however, it is expressly understood that Attorney shall
not settle Client's case without Client's express consent.
Client acknowledges that Attorney has told it that they make
no guarantees of successful recovery or satisfactory outcome
of this matter.
SIGNED this,;8day
ACCEPTED:
AL
CLIENT 4 M?
R. William Wood
of , 19L.
CLIENT