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
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�l'1'1 ��"E,g� �� TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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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,
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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
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Denton City Manager Denton City Attorney