2005-364ORDINANCE NO ~0,46 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR
PROFESSIONAL LEGAL SERVICES WITH TERRY MORGAN & ASSOCIATES, P.C., FOR
PROFESSIONAL LEGAL SERVICES RELATING TO ISSUES AND ANTICIPATED
LITIGATION SURROUNDING THE ANNEXATION IN THE NORTHERN PART OF THE
CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS NOT EXCEEDING
THIRTY THOUSAND DOLLARS ($30,000) THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary, appropriate, and in the public interest
to engage the law firm of Terry Morgan & Associates, P.C., to provide professional legal
services relating to issues and anticipated litigation surrounding the annexation in the northern
part of the 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, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and the City Council hereby finds and concludes that Terry
Morgan & Associates is appropriately qualified under the provisions of the law to be retained as
outside legal counsel for the City; 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 Contract 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 Contract for
Professional Legal Services with Terry Morgan & Associates, P.C., for professional legal
services relating to issues and anticipated litigation surrounding the annexation in the northern
part of the City of Denton, in substantially the form of the Contract for Professional Legal
Services attached hereto and incorporated herein by reference.
SECTION 3: The award of this Agreement is on the basis of the demonstrated
competence and qualifications of Terry Morgan & Associates, P.C. and the ability of Terry
Morgan & Associates, P.C. to perform the professional legal services needed by the City for a
fair and reasonable price.
SECTION 4: The expenditure of funds, not to exceed thirty thousand dollars ($30,000),
is hereby authorized, as provided in the attached Contract for Professional Legal Services.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the Ca day of kkA/7 h't-) 2005.
e /,42,
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS CITY SECRETARY ' ~ 1. ln~
By:
APPROV.ED'AS O LEGAL FORM:
EDWIN M. SNYDER, CITY ATTO Y
By:
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