2010-084s:1~ur dacumernsl~rdinancesllOlburford Tyburn ~xtcnded engagment,dac
~R.DINA~ICE ISO,
~ ~RDI~IAN~E ~F THE QTY ~UN~IL DF TPIE ZTY DENTI, TEA
A~JTH~R.I~IN~x THE CITY Al~A~ER T~ E~E~UTE ~ SUPPLEMENTAL
ENC~ACEME~IT LETTER AGREEMENT wITH BURFDRD 1~YB[~RN, LLP FAR
PI~~FESSI~I~AL LEGAL SEICES ~ELAT T~ THE EMINENT D~AII~
ASSIGNMENTS FAR wEST 3$0 ~[JNI~ERITY DRIVE} PR~JET; AUTH~RI~INCr THE
ExPENDITURE ~ FU1~DS; AND PR~~TIDIi~C~ AN EFFETI~TE DATE,
wHER.EAS, the pity council deems it necessary, appropriate, and in the public interest
to engage Burford Rybu~~n, LLP to provide professional legal services relating #o necessary
domain matters for the right of way far the west 3 S ~ Pro j eel; aid
wHEREA, an June 25, 208, the i#y Manager appro~red the original Engagement
Letter Ag~'eement to provide professional legal services relating to necessary domain rraatters far
the right of way for the west 38D Project; and
WHEREAS, chapter 2254 of the Texas avrnment fade, known the "Professional
Services Px'ocu~'ement Act," generaliy provides that ~ city nay not seiect ~ p~'ovider of
professional set~ices on the basis of competitive bids, but rr~ust select the provider of
professional services a~ the balls of derrlanstrafed competence, kna~rledge, and qualifications,
and for a fair and reasonable pricey and the pity council hereby finds and concludes that Burford
Ryburn, LLP is appropriately qualified under the provisions of the law to be retained a
outside legal counsel for the pity; and
WHEREAS, the pity ~auncil has provided in the pity budget for the appropriation of
funds to be used far the procurement of the foregoing professional legal services, as set forth in
the Supplemental Engagen~erit Letter dated February 10, 201 New, THEREFORE,
THE ~UI~IL ~F THE CITY ~F DENTIN HEREBY ORDAINS:
SETI~N 1. The recitations in the IOrearrible are true and correct and are incorporated
herewith as part of this ordinance.
SETI~N The pity Manager is hereby au#hori~ed to execute a Supplemental
Engagement Letter dated February 10, 2D 1 a with Burford I~yburn, LLP for professional Iegal
services relating to necessar~r domain matters for the right of way far the west 380 Project
attached hereto and incorporated herein by ~'eference,
SECTION 3. The award of this Supplemental Engagement Letter is on the basis of the
demonstrated capetence and qualifications of Burfo~'d ~ybui~a, LLP and the ability of
Burford Ryburn, LLP to perform the professional legal ser~rices needed by the pity for a fair
and reasonable price,
s:lourdocumentslor~inancesll~lburford & ryburn e,~tended engagment,~oc
~~~TZ~N The expenditure of ~LI~IC~s as ~7~'o~l~eC~ 1I1 the attached upplementa~
~ngagerrierit Letter is hereby authorized, ar~d the pre~riou~ expenditures rega~•di~g this ~rojeet are
ratified ar~d apra~ed.
ETI~N This ~rdi~a~ee shall become effective i~an~ediate~y u~a~ its passage aid
appraval~
PAID AND AFFRD~F~D this the ~ day of , dal D.
11~iARK A, U
ATTFIT:
JF~NNIFER ALT~~, IT'Y ERETARY
BY;
APPR~~ED A T~ L~~rAL ~'~1~;
AN~TA BU~~, CITY ATT~RN~~
4~
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~tto~~e~+~ a~.d ~."al~i~~elorti~ ~t L~~~
r~~~.~~~ ~ ~vo~rx
Sca~r~~'I'. ~accF~~•r
41`Ri'it-~'S DIRECTDir4L:
{Z i 4} 138
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Anita I3uress
1ty 1~t~oi~1~~
~~S bast ll~[~lnne~ Street
I~entori, `I`e~as 7~~D!
~~~~~i~~I~~ cn~~'I~~NTIA~ ATTOI~II~'Y 1 ~~~I!1~VT ~~N~MUIYI~#TI~~T
fie: upplerr~ent ~l~dget Pra~eetions for D~►tside Legal sez~ices;
3Sa Ut~llty Project
Dear GIs, burgess.
~ w~~ite ~t tl~e x'equest of Pa~Y~ela 11n~land to pra~ide tn~ best estimate of the ~'en~aining ~rark needed and a ~~rajectian a~attarne~'s fees expenses that mad be required to chase tl~e
at~tstancling matters an tl~e 3$O l•~tility Project that o~~r fit'1~~ was ex~gaed t~ do.
The three remaining natters incl~~de the fal]owing properties: fern ~2a~ , C~~~iversil~Y~,
~itn I~oli~~ar, and Dohsot~ Prapert~ ~hataburgei~}, l will give brief capst~~e ors cash below.
ern ~~U~~ , Uniycrsi~~}~
rI`his 11]~'a~4'e5 ~~~lde~n~lat~ntl t~ acq~all'e a ~~'-wide public r~t~.~~ty esen~er~t and an
additiana~ temporary constr~~c~iQn and access easement ac~*as the f~'o~~t ol'tl~e improved property.
C~ondemnatian papers were filed, negotiations sta~lcd, and a hearln~ way e~t~ductcci on 1luust
11, ~a~9 where the special con~iniss~oncrs awarded the owr~e~'s $~,9.aa i~~ total
campensatior~. The pity's expert testin~any reflected a total corr~pensatia~7 of ~ S,DD.
L~ndawne~'s Fled their abjcetions to the award. The entire case has no~v been appealed far de ~~o~ro trial in the Det~#on 1'robat~ ~aurt, ~iscavery leas been prapaun~led r~pan the Dc~cndants,
b~~~ na responses Dave beea~ pravide~la but anticipate Chase being served Februar~r l , Z4! a.
At issue is tl~e C~it~'s right end exercise of e~r~inent tlon»~n ~~nd the carnpenatia~l for tl~c
taking, F~~sed upon n~~r as~csmei~t, I ~~nticipate these aw~~ez's to fight an e~er~ issue. Due fo the
r~at«re of the case, ! estimate tint the pity ca~rld expe~~d a~~othe~' $3a,~aa to 5aaaa0 ~n atto~'ncys'
fees to conclltde this matter to f~nai ~ud~mel~t. Exl~e~~t fees at~d casts ma~► r~~n from ~ I ~~aaa to
~30,~a~ th~•o~lgla tri~xl on tai rt~~atter, assu~r~in~ eve maintain tlae current appraisal witness and
possibly retain ~ de~relopment o~'land plr~ing cxpe~~t~ ~e lay be ~~hle try use the City's in«hause
`1r I ~ r Ix~1 ~ T , ' '~y yl f - ~T~ ~ r -'~yF f A{ ~ , r x4 ~ ~ r rfy . ~ `J',, y/ ~r7~ r !f r ~~Il `14T 1,~~.~~,L r { ~l dr~/ail i F f~~.~~iJ ~1 L ~1~1~i1~ ~ ~~~fl~ ~ `1.1 ~~J e ` ~i2 ~ f ~~~'47 ~ 1~1.~
~;lt. 1
GG5451,1 ~S!-(1~~D R
Pamela ~nglaz~d
Iiebrizary 1, Z~ i ~
rage 2
engineers for rt~uch of the work. we pl~rn to prepare file ~ Lotion for Partial Sun~n~ar~
J~~dgmel~t to prase tl~e City's right to take, kith that ruling, the burden ofp~'ocecding and
burden of proof ships upon the ianclowne~~s on tl~o sole issue of compensation,
~Iml I~uli~ar Ltd.-
This ease was a co~~dernnatiox~ where we presented evidence at special commissioners
nearing, received a less than favo~~able ~~ward, and elected to nansvit a~~t~ conde~~~r~ation. The City
engineer ~tiras able to ~~egotiate with `i'xD~T fog' them to acco~nnYOdate our utility within tl~e
TxI~~T rigl~t cif way. The o~xly thing pending is tl~e Landowners' claim far a l~ea~'in to recover
reasonable and necessary attorneys fees a~~d witness fees at~~ expenses as provided by I 19
Tex. Property Code, Those tees hive not been clisclased by 11~1icheile Jol~es, but I anticipate that
they ~vili claim some derivative ~'ro~n their co~~tingent f'ee contract, The special CornrrYissio~~ers'
. awarded ~D,fl(l~ in con~l~ensatinl~ for the taking. fur er~id~nce vas $1 ~a,~~D. o, the attorneys
night ca~rin~ from $30a~~~ to 5~,~0~, solely based upon a contingent recovery. fiawever,
considering the tin~r~ spent a~~d eff€~rt exhibited at the hearing, I believe the judge would award
fees i~~ excess of $~,o~~, b~~t maybe less than $3~,~~~ as the only expert utilized was the owner
hit~aseli:
we will be seekiz~g limited discaveY~ req«iriztg Michelle Jones to disclose her fees sought
by the hearing, I anticipate our fees and expenses to co~~clude this natter to be ~ 1,50 to ~}DOS,
depending ~xpox~ i~ovv much of ~r fight the opposition p~•ovides in withholding Elie in#'orrnation.
Dohsol~ I'ro ~crtics LL why#abur er -
7`1'iis is a case where the City Irked its condemnation, obtained an sward l~~sccl solely ~at~a~~
City's c~ider~cc, then elected to nonsuit the condemnation to avoid exposure o~~ ~~isk at trial, The
pity staffdetern7i~~ed that the te1~~porary constr~~ctioi~ easement co~~ld be elin~anated, az~d special
~~~'o~'1slQn~ ~vlth the co~ltractoi` could be made to conduct al! acti~rit~r within tl~e City's exlstil]g
lltlil~y ~~s~]~l~Ilt,
we have negotiated a tentative settie~nent whereby the City will acq«ire ~ temporary
const~~ction easelncnt for 1 yca~', with limitations, while the owner will ~~en~ove t~vo electric light
poles ar~d an encrgi~cd sign from the easement area. 'T'otal campet~sat~o~~ being cotlsldere~i 1s
$34,~5~ based ~~pon c~u'rcnt dic~rssians. If accepted, we ~~~ill not owe at~~r owner's attorney's
fees or casts frarn the dismissal. If're~ec#ed, we could be exposed to pay attorney's fees at~d costs
approximated ~t ~,a~, and honor a side agreement for relvcatian nf~he sign, the casts of which
were pt~eviousiy ~g~`~CCI to at ~,~00. If not settled we cu~~ld be foci rig a~~ irxvexs condemnation
yr trespass claim if the contractors deviate off o ~ tl~e existing easerner~t~ I estimate that our total
Fees to conclude this tzegotiatecl settlement to be ara~~nd $2,5~~~
In summary, the estimated costs a~~d expenses fog' closure of tl~e above eases arc a
reasonable based i~l~on r~~tr e~cpericncc~~~ith the opposing attorneys, the co~r~plexity of the cases
~~ss~~.~ psi-oo~a
Pam~cia ~J. Englal~d
rebr~~ary 1, 10
Pale ~
pcildin~ a.nd ~act~ a~ ~he~+ exisx to~iay~ l~a~~l~ ~~e4v ~r~forx~n~t~on ~r~se oti the plea~ins materially
alter tl~e co~~r~e of;the cases, I will advise you promptly ~o that ire pan ~a.ke necessary
acl,~tast~I1e11~S ~o the scope of o~u' ~Y~rl~,
fiery truly yours,
~u~ro~~ R~r~u~~a i~.~.,.~'.
Scott T, Dog~t~
Gc: Pamela ~ngla~~d
CITY of D~NTO
George ,Campbell, City Manager
ATTEST
JE~iNI~`~R ~AI~TERS , CITY SECRETARY
BY .
APPRO~L~D A To LEGAL FCR~i
ANITA BURGESS, CITY ATT~R~EY
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