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2015-098s,\[egal\our docurr�entsiordinances\15\morgan psa�gas well matters.doc ORDINANCE NO. 2� 15-�9g AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A PROFESSIONAL LEGAL SERVICES AGREEMENT BY AND BETWEEN TERRY MORGAN & ASSOCIATES, P.C. AND THE CITY OF DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City Council deems that it is in the public interest to continue to engage the law firm of Terry Morgan & Associates, P.C., Dallas, Texas to provide professional legal services for the City of Denton, Texas that are related to the gas well matters in the City; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the above-referenced professional legal services and that the City has been working with Terry Morgan and Associates pursuant to the contracting authority of the City Manager; further, limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a City may select a provider of professional services on the basis of demonstrated competence, knowledge, and qualiiications, and for a fair and reasonable price; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble to this ordinance is incorporated herewith by reference as a part of this ordinance. SECTION 2. The City Manager is hereby authorized by the City Council to execute the Letter Agreement between the City and Terry Morgan & Associates, P.C., Dallas, Texas, dated March 26, 2015 and attached hereto as Exhibit "A" and incorporated herein, for professional legal services not to exceed $600,000. SECTION 3. The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Terry Morgan & Associates, P.C. and the demonstrated ability of Terry Morgan & Associates, P.C. to perform the services needed by the City for a fair and reasonable price. SECTION_m4. The expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. s:Uegal\our documents\ordinances\15\morgan psa-gas well matters.doc PASSED AND APPROVED this the _�����, day ATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � �w, � .�.���. �� BY: �� � w � � : �' �� ����.._ ��.:�w �..�� ��� � � �l'1'1 ��"E,g� �� TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ���; � jl . � � BY. �� r�„� wd� r � ,,,,.__ � �w� �-"�_;_...�.. ,���..�.� ...... . �. Page 2 15. Exhibit A TExRY D. MORGAN & ASSOCIATES, P.C. Attorneys and Counselors HOSO N. CENTRAL EXPRESSWAY, SUITE l3OO DALLAS,TEXAS i52O6 TERRY D. MORGAN OACOUNSEL MOR[tIS, SCHORSCH & STAPI.ETON, P.C. AMENDED LETTER AGREEMENT March 26, 2015 VIA EMAIL Ms. Anita Burgess City Attorney City of Denton, TX 215 E. McKinney Denton, TX 76201 Re: Scope of Legal Services Eagleridge Litigation and Negotaations Gas Well Amendments Dear Anita: (214)740-9944 F,ax: (214) 888-3327 E-Mail: tmorganQmsstxlaw.com This Amended Lettex Agreement amends the Updated Letter Agreement dated September 23, 2014 for legal services to assist the City of Denton. Except for changes expressly stated herein, all other terms of the Updated Letter Agreement are incorpprated herein by reference as if fully set forth. The City will compensate TMA for time and expenses, including any services already provided prior to the effective date of this Amended Letter Agreement, not to exceed the cumulative amount of $600,000, unless by express letter amendment. If you agree with the description and terms of the legal services set forth, please have a copy of this letter acknowledged and return it to me. If you have questions or changes, please do not hesitate to contact me. I look forward to continuing work with the City in this matter. If you have any questions or comments, please contact our office. Sincerely yours, �� � ��� �w � � �� `I,���t�„� i�, orban for Terry Morgan & Associates, P.C. TDM/jc 3-26-1i Amended Lellei Agreement Ms. Anita Burgess March 26, 2015 Page 2 CITY OF DENTON, TEXAS ACKNOWLEDGMENT APPROVED AS TO LEGAL FORM �� �`° �„�� ,�„� m�� �� '� � � � � � � .� gy; �. �,� � ,.. �,�� m. gy. e ,����� � ,...� � ��� � � �_...w. p �..��_�,...�....�:.�..w . , , * _.��. �~�~ .�.� . .. .�..... .., ...M��.. .............. ���� � Cam bell �'� Anita Burgess Denton City Manager Denton City Attorney