23-1859ORDINANCENO. 23-1859
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICiPAL
CORPORATION, AUTHORIZING A FIRST AMENDMENT TO AN ENGAGEMENT
BETWEEN THE CITY OF DENTON AND CAROLYN AF{RENS. ATrORNEY AT LAW,
AMENDrNG THE ENGAGEMENT APPROVED BY THE CITY ATtORNEY ON MARCH 11.
2022, IN THE NOT-TO-EXCEED AMOUNr OF $250,000.00: SAID FIRST AMENDMENT
TO PROVIDE ADDITIONAL LEGAL SERVICES TO THE CITY OF DEvrON FOR
NEGOTIATING WATER RIGHTS, SUPPLY COVIRACTS, AND SUBMITriNG PERMIT
APPLICATIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECrrVE DATE (FILE 8352 - PROVIDING FOR AN ADDITIONAL
FIRST AMENDMENr EXPENDITURE AMOUNT NOT-TO-EXCEED 8500,000.00, WITH
THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $750,000.00).
WHEREAS, on March 11, 2022, the City Attorney engaged Carolyn Ahrens, Attorney at
Law for legal services related to general wter matters and other matters not expressly covered by
another engagement letter; and
WHEREAS, this procurement was undertaken as part of the City’s governmental function;
and
WHEREAS, the services pursuant to this engagement of legal services provided legal work
and advice to complete or further projects including a Reservoir Yield Study, an Operational
Agreement, a Water Supply Contract, an Interim Raw Water Contract, Treated Water Contract,
Permit Modernization Amendments , Bed & Banks Uprate Amendment, Contract Template
Project, Bed & Banks – Hickory, Bed & Banks – Clear Creek, Legislative / General, Texas Water
Development Board Financing, Water Supply Plan including Aquifer Storage and Recovery, 210
Authorization Alert, U.S. Army Corps of Engineers Contracts, Certificates of Convenience and
Necessity, Groundwater Well, Hickory Hill Road Sewer, and Dam Safety.
WHEREAS, the fees for which payment is due are fair and reasonable and are consistent
with, and not higher than, the recommended practices and fees applicable to the Provider’s
profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The above recitals are fully adopted and incorporated herein for all purposes.
SECTION 2. The engagement of these legal services by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of the attorney and the demonstrated
ability of the attorney and her demonstrated experience and ability to timely perform the services
needed by the City, fOT fair and reasonable fees.
SECTION 3. The expenditure of funds in an amount not to exceed Two Hundred Fifty
Thousand Dollars ($250,000.00), for professional fees and expenses for general water matters and
other matters not expressly covered by another engagement letter was approved by City Council
on June 6, 2023 .
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SECTION 4. The First Amendment, increasing the amount of the contract between the
City and Carolyn Ahrens, Attorney at Law, is hereby approved, and the expenditwe of funds
therefor is hereby authorized in accordance with said amendment which shall be effective upon
the execution of the amendment referenced herein. TIle total contract amount increases to
$750,000.00
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
TIle motion to approve.Ms ordinance was made by h \ {\'\t \ h/ and
seconded by B ,\++ But . This ordinance was passed and approved by
the following vote [k -L] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:J
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Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:/
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day of $p+.,-.h,_, 2023.
GERARD HUDSPETH, MAYOR
ArrEST:
JESUS SALAZAR, crrY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINW AND, CITY ATrORNEY
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