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BCRUA_R-13-10-16-7CRESOLUTION NO. R-13-10-16-7C WHEREAS, the Brushy Creek Regional Utility Authority ("BCRUA") desires to retain professional legal services associated with real estate acquisition activities for fee simple and easement acquisitions associated with Phase II of the BCRUA Regional Water Supply Project, and any other related matters; and WHEREAS, Kent Alan Sick has submitted a Legal Representation Agreement to provide said services, and WHEREAS, the BCRUA desires to enter into said Agreement with Kent Alan Sick, Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the Board President is hereby authorized and directed to execute on behalf of the BCRUA a Legal Representation Agreement with Kent Alan Sick, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of October, 2013. ~K1tegTm1M'1 ident tility Authority ATTEST: 7/]dat~d MICHELL CANTWELL, Secretary Z·\BCRUA\Board Packets\Packet Documents\20 \3\10 1613\Res. aeRU A -Legal Represenation Agreement (00284350).DOC LEGAL REPRESENTATIQ~ AGREEMENT This is an agreement between BRUSHY CREEK REGIONAL UTILITY AUTHORITY ("BCRUA"), (referred to herein as UClient") and KENT ALAN SICK (UK. Sick") for legal services associated with real estate acquisition acti vities for fee simple and easement acquisitions associated with Phase II of the Brushy Creek Regional Water Supply Project .. and any related matters. This contract will evidence that Client has appointed K. Sick to be Client's attorney for the purposes described above and has authorized K. Sick to protect Client's rights through all courts having jurisdiction thereover, to obtain all records or information necessary in the handling of such matters and to compromise and settle in Client's name, upon terms agreeable to Client, any and all such matters. Client and K. Sick hereby agree to promptly communicate matters with each other which may come to their notice or may need to be brought to the attention of the attorney or client in the normal course of the attorney-client relationship. Consequently, neither K. Sick nor Client wiJJ accept any compromise or settlement which has not been expressly approved by Client after conferring with K. Sick. Case expenses, including but not limited to obtaining expert witnesses, exhibits, depositions, copying costs ($0.20 per page), postage costs, court costs, and travel required in the preparation and prosecution of Client's causes of action will be paid by Client as such expenses are incurred. When necessary or expedient, K. Sick may advance certain minor case expenses on Client's behalf. In no event wiIJ any expense greater than $100 be incurred without Client's prior approval, and Client will be billed for advanced expenses on a periodic basis. Client hereby agrees to be responsible for aU case expenses. K. Sick's compensation will based on an hourly rate of $250.00 for Kent A. Sick, $200.00 for an associate attorney, $125.00 for a paralegal, and $50.00 for a law clerk. Client agrees to pay K. Sick's fees and reimburse K. Sick for any advanced expenses as invoiced by K. Sick. EXECUTED IN DUPLICATE this __day of •2013. CLIENT ATfORNEY BRUSHY CREEK REGIONAL UTILITY LAw OFACES OF KENT ALAN SICK AlTfHORrry By: MITCH AJlLER President, BCRUA Date:---------­ EXHIBIT ''Pa' LEGAL REPRESENTATION AGREEMENT This is an agreement between BRUSHY CREEK REGIONAL UTILITY AUTHORITY ("BCRUA"), (referred to herein as "Client") and KENT ALAN SICK (16 K. Sick") for legal services associated with real estate acquisition acti vities for fee simple and easement acquisitions associated with Phase n of the Brushy Creek Regional Water Supply Project .. and any related matters. This contract will evidence that Client has appointed K. Sick to be Client's attorney for the purposes described above and has authorized K. Sick to protect Client's rights through all courts having jurisdiction thereover, to obtain all records or information necessary in the handling of such matters and to compromise and settle in Client's name, upon terms agreeable to Client, any and all such matters. Client and K. Sick hereby agree to promptly communicate matters with each other which may come to their notice or may need to be brought to the attention of the attorney or client in the normal course of the attorney-client relationship. Consequently, neither K. Sick nor Client will accept any compromise or settlement which has not been expressly approved by Client after conferring with K. Sick. Case expenses, including but not limited to obtaining expert witnesses,exhibits,depositions, copying costs ($0.20 per page), postage costs, court costs, and travel required in the preparation and prosecution of Client's causes of action will be paid by Client as such expenses are incurred. When necessary or expedient, K. Sick may advance certain minor case expenses on Client's behalf. In no event will any expense greater than $100 be incurred without Client's prior approval, and Client will be billed for advanced expenses on a periodic basis. Client hereby agrees to be responsible for all case expenses. K. Sick's compensation will based on an hourly rate of $250.00 for Kent A. Sick, $200.00 for an associate attorney, $125.00 for a paralegal, and $50.00 for a law clerk. Client agrees to pay K. Sick's fees and reimburse K. Sick for any advanced expenses as invoiced by K. Sick. EXECUTED IN DUPLICATE this I~day of {)()o/:::>e.y-,2013. CLIENT BRUSHY CREEK REGIONAL UTILITY AUTHORITY ATTORNEY LAw OFFICES OF KENT ALAN SICK ::4~ President, BCRUA Dale: _+-'IO""----.......I.=Le:...-,,----L/----::.3=____