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2003-159ORDINANCE NO. C77g~70~.~-/5~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON AND KARGER KEY BARNES AND LYNN, LLP, TO PROVIDE LEGAL SERVICES WITH RESPECT TO APPEAL OF HEARING EXAMINER'S DECISION AND RELATED QUESTIONS; RATIFYING PRIOR ACTIONS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute the First Amendment to the Contract for Professional Legal Services, with Karger Key Barnes and Lynn, LLP, to assist the City Attorney's office in an appeal of hearing examiner's decision and to provide related legal services. SECTION 2. That the City Manager is authorized to make the expenditures set forth in the agreement. SECTION 3. That all previous actions of the City Attorney and his staff, the City Manager and his staff, and Karger Key Barnes and Lynn, LLP in taking actions and performing legal services with regard to this matter are hereby ratified and approved. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~'~ day of O~r~_.,· ,2003. {/ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY TIlE STATE OF TEXAS § COUNTY OF DENTON FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES BETWEEN KARGER KEY BARNES & LYNN, PC THIS FIRST AMENDMENT to that certain Agreement for Professional Legal Services, heretofore entered into by and between the City of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter referred to as "City"); and the law firm of Karger, Key, Barnes & Lynn, LLP, f/n/a Karger, Key, Barnes & Springer, PC, 1320 South University Drive, University Centre 1I, Suite 720, Fort Worth, Texas 76107 (hereafter referred to as "Consultant"); effective through February 29, 2004, acting herein by and through their respective duly authorized signatories, (hereinafter referred to as "Agreement"); and WITNESSETH NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do hereby mutually agree as follows: SECTION 1. That Article 3 "Compensation and Method of Payment" is hereby amended by amending Subsection C to read as follows: Consultant estimates and the City agrees that the all charges to legal services hereunder including reasonable out-of-pocket expenses shall not exceed $49,999.00. Consultant agrees to notify the City and seek a modification to the Agreement should the total fees exceed such amount. SECTION 3. That save and except as amended hereby, all the remaining sections, terms and conditions of the Agreement shall remain in full force and effect IN WITNESS HEREOF, the City of Denton, has caused the Agreement to be executed in duplicate originals by its authorized City Manager, and Consultant's executed fi ement to its duly authorized undersigned partner, dated this the ~ day of ,2003. IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Karger Key Barnes & Lynn, PC have executed this First Amendment To Agreement For Professional Legal Services, in duplicate original counte~ts, by and throu.~ggh their respective duly authorized undersigned partner, on this the © ~ day of . j t~.~-~ ,2003. Page 1 of 2 "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation ~'~Mich~-el A.'C-onduff, Cit~ager ATTEST: JENNIFER WALTERS, CITY SECRETARY , APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY "CONSULTANT" KARGER KEY BARNES & LYNN, PC ATTEST: By: Page 2 of 2