2006-136
ORDINANCE NO. 2. OOG - I q ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO AN AGREEMENT WITH TERRY D. MORGAN & ASSOCIATES, P.c.
FOR PROFESSIONAL LEGAL SERVICES RELATING TO PENDING LITIGATION
STYLED JNC PARTNERS DENTON, LLC V CITY OF DENTON, CAUSE NO. 2006-10032-
16, CURRENTLY PENDING IN THE 16TH DISTRICT COURT OF DENTON COUNTY,
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE 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 pending litigation styled JNC Partners Denton, LLC v. City
of Denton, Cause No. 2006-10032-16, currently pending in the 16th District Court of Denton
County, Texas; 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 I. The recitations in the preamble are true and correct, and are incorporated
herewith as part of this ordinance.
SECTION 2. The Interim City Manager is hereby authorized to execute a Second
Amendment to Agreement for Professional Lt:;gal Services with Terry D. Morgan & Associates,
P.C., for professional legal services relating to pending litigation styled JNC Partners Denton,
LLC v. City of Denton, Cause No. 2006-10032-16, currently pending in the 16th District Court of
Denton County, Texas, 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
Second Amendment to Agreement for Professional Legal Services. The Interim City Manager,
1
or his designee, is authorized to exercise all rights and duties of the City of Denton under the
Agreement. I
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
tit
PASSED AND APPROVED this the / (" - day of
V!f;J 1~
C~ AcI!L
I
EULlNE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B~~t\~b,~
APPRO ED AS 0 ~EGAL F RM:
EDWIN M. SNY R, CIT TTORNEY
By:
S:\Our DocumenlslOrdinanccsl06\lerry morgan-jnc amendment ordinance 2.doc
2
,2006.
S:\OurDucumcnt>\Contractsll:l6\morgan.jncsooondamcnd=tdoo:;
STATE OF TEXAS
~
~
COUNTY OF DENTON
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS SECOND AMENDMENT TO THAT AGREEMENT made and entered into the
lth 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 the City of
Denton, Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201,
hereinafter referred to as "City." .
WITNESSETH
.:) ,
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 ofPavment:.
A. Consultant shall charge 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)
Hourly 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
charges for the legal services hereunder for this engagement, including expenses
as set forth in Section IIl.C. below, shall not exceed $150,000.00.
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 WITNESS WHEREOF, the City of Denton, Texas has caused this Second
Amendment to be executed by its duly authorized Interim City Manager; and Consultant has
executed on this the / hfh day of Cfl['''r ' 2006.
.j' '"
,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
FORM:
ATTORNEY
By:
CITY OF DENTON, TEXAS
By:
By:
Page 2