2008-074s:\aur documents\ordinancex\08Merry margan-jne amendment ordinance 3.doc
ORDINANCE NO. ,ZOOS" ~7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO AN
AGREEMENT WITH TERRY D. MORGAN & ASSOCIATES, P.C. FOR PROFESSIONAL
LEGAL SERVICES RELATING TO CLAIMS, POTENTIAL CLAIMS, AND SETTLEMENT
THEREOF FOR MATTERS PERTAINING TO JNC PARTNERS DENTON, LLC V. CITY OF
DENTON; AUTHORIZING THE INCREASE IN EXPENDITURE TO AN AMOUNT NOT TO
EXCEED $200,000; AND PROVIDING AN EFFECTNE DATE.
WHEREAS, the City Council deems it necessary, appropriate, and in the public interest
to continue the engagement of the law firm of Terry D. Morgan & Associates, P.C., to provide
professional legal services relating to JNC Partners Denton, LLC v. City of Denton; and
WHEREAS, the City has previously retained and engaged the professional legal services
of Terry Morgan & Associates on numerous occasions, and it has operated under numerous other
professional services agreements with the City regarding legal representation, and has
demonstrated considerable expertise of relevant issues concerning the City; and
WHEREAS, City staff has reported to the City Council that there is a substantial need for
the hereinabove described professional services, and that limited City staff cannot adequately
perform the specialized legal services with its own personnel; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional legal services, as set forth in
the Agreement for Professional Legal Services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. The recitations in the preamble are true and correct, and are incorporated
herewith as part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a Third Amendment to
Agreement for Professional Legal Services with Terry D. Morgan & Associates, P.C., for
professional legal services relating JNC Partners Denton, LLC v. City of Denton in substantially
the form of the Second Amendment to Agreement for Professional Legal Services attached
hereto and incorporated herein by reference.
SECTION 3. The expenditure of funds, is hereby authorized, as provided in the attached
Third Amendment to Agreement for Professional Legal Services. The City Manager, or his
designee, is authorized to exercise all rights and duties of the City of Denton under the
Agreement.
SECTION4. This Ordinance shall become effective immediately upon its passage and
approval.
s:\our documents\ordinances\08\[erry morgan-jnc amendment ordinance 3.doc
SECTION4. This Ordinance shall become effective immediately upon its passage and
approval.
5~
PASSED AND APPROVED this the ~ day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS LEGAL FO
EDWIN M. SNYDER, CITY AORNEY
BY:
C:1Uamrn¢aW 4Nn„yxkiQ.W~aI Sntio,ATOnpauylnim~n Fla`FILKSMu,.njn~ NMmmJOreu-].0.'
STATE OF TEXAS
COUNTY OF DENTON
THIRD AMENDMENT TO
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS THII2D AMENDMENT TO THAT AGREEMENT made and entered into the 17"'
day of January, 2006, ("Base Agreement") by and between the Terry D. Morgan & Associates,
PC, with Terry Morgan having full authority to execute that Agreement, 1201 Elm Street, Suite
4800, Dallas, Texas 75270, hereinafter referred to as "Consultant", and [he City of Denton,
Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter
referred to as "City."
SECTION I. Section III.A. "Compensation and Method of Payment" of the Base
Agreement is hereby amended to read as follows:
III. Compensation and Method of Payment:
A. Consultant shall chazge the following fees for its professional services provided to
City hereunder, based upon the following hourly billing rates for the attorneys and
support staff involved in this matter:
Staff
Terry Morgan
James Morris
Other Partners (GUCL)
Associates (GUCL)
Hourlv Rate
$250.00
$275.00
$175.00 to $250.00
$125.00 to $140.00
City agrees and understand that Terry Morgan is of counsel with the firm of
Goins, Underkofler, Crawford & Langdon. Consultant and City agree that all
chazges for the legal services hereunder for this engagement, including expenses
as set forth in Section III.C. below, shall not exceed $200,000.00.
SECTION 2. Save and except as amended hereby, all the remaining sections,
paragraphs, sentences, clauses, and phrases of the Base Agreement shall remain in full force and
effect.
IN WTfNESS WHEREOF, the City of Denton, Texas has caused this Second
Amendment to be execute by its duly a iorized Interim City Manager; and Consultant has
executed on this the ~ day of , 2008.
CITY OF DENTON, TEXAS
Cam----
ORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS LEGAL FORM:
EDP
BY:
CONSULTANT:
TERRY D. MORGAN & ASSOCIATES
.~--
By; !~ ~ ll~ om
TERRY D: I ORGAN
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