2002-143AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST
AMENDMENT TO THAT CERTAIN AGREEMENT FOR PROFESSIONAL LEGAL
SERVICES WITH THE LAW OFFICES OF JIM BOYLE, P.L.L.C. FOR REPRESENTATION
IN LITIGATION AND PROCEEDINGS BEFORE THE TEXAS RAILROAD COMMISSION
REGARDING THE GAS RATE FOR THE SPENCER ELECTRIC GENERATING STATION;
INCREASING THE AMOUNT OF THE PROFESSIONAL FEE; AUTHORIZING THE
EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 30, 2002 the City of Denton entered into an Agreement for
Professional Legal Services with the Law Offices of Jim Boyle, P.L.L.C. (the "Agreement") as a
result of the City Council's authorization in Ordinance No. 2001-482 to assist the consultant and
the City Attorney in the investigation into the rates TXU Gas Distribution and TXU Lone Star
Pipeline were proposing to charge Spencer Station Generating Company, L.P. ("Spencer")
initiated by Complaint No. 2001-1; and
WHEREAS, since the City Council's employment of the consultant, Spencer filed
litigation concerning this matter in the 211th District Court of Denton County, Cause No. 2002-
30001-211, in which the City of Denton intervened and TXU appealed the ordinance to the
Texas Railroad Commission in GUD Docket No. 9263; and
WHEREAS, the Agreement called for a not-to-exceed fee of $25,000, and due to the
litigation and proceedings before the Railroad Commission, it is necessary to increase the
amount of this fee; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to execute an amendment to that
certain Agreement for Professional Legal Services between the City of Denton and the Law
Offices of Jim Boyle, P.L.L.C. to provide legal services with regard to the gas utility rate for the
Spencer Generating Station in substantially the form of the attached First Amendment.
SECTION 2. The City Manager is hereby authorized to make the expenditures and take
the actions authorized in the attached First Amendment.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
·
PASSED AND APPROVED this the ~ dayof -[//bUC~ , 2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
BY:~..~~/"
Page 2
STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS FIRST AMENDMENT TO THAT AGREEMENT made and entered into the 30th
day of January, 2002, ("Base Agreement") by and between the Law Office of Jim Boyle, PLLC,
with Jim Boyle having full authority to execute that Agreement, 1005 Congress, Suite 550,
Austin, Texas 78701, 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 1. That Section III.A. "Compensation and Method of Payment" of the Base
Agreement is hereby amended to read as follows:
III. Compensation and Method of Pament:
For and in consideration of the professional services to be performed by
Consultant herein, City agrees to pay a total fee, including reimbursement for out-
of-pocket expenses incurred in connection with this agreement, not to exceed
$45,000.
SECTION 2. That 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 First Amendment
to be executed by its duly a.u.~rized City Manager. h~nd Consultant has executed in four original
counterparts on this the /Z/c/n`-- day of ~)/'~-~ ,2002.
CITY OF DENTON, TEXAS
BY~ager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
CONSULTANT:
THE LAW OFFICES OF JIM BOYLE
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