R-87-1020 - 7/9/1987ATTEST:
NE LAND, City Secretary
RESOLUTION NO. / od ,
WHEREAS, the City Council wishes to retain the law firm of Longley
and Maxwell upon the terms and conditions of the letter agreement sub-
mitted by said firm, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor of the City of Round Rock, Texas, is hereby
authorized and directed to execute on behalf of the City, the retainer
agreement set forth in the letter from Phil Maxwell, a copy of said
retainer agreement being attached hereto and incorporated herein for all
purposes.
RESOLVED this 9th day of July, 1987.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
PHILIP N. MAXWELL
Mr. Don Wolf
City Attorney
214 East Main Street
Round Rock, Texas 78664
Dear Don:
This letter sets forth our proposal to represent the City of
Round Rock in the case against Neans' insurer who did not offer
Neans or his companies a defense in the City's suit against them.
We will represent the City on a reduced hourly rate as
against a contingency fee. In other words, we will bill the City
at a reduced hourly rate of $100 on a monthly basis. Currently,
Joe K. Longley's and my hourly rate is $250. Should there be any
recovery, we will be entitled to one -third thereof less the amount
of attorneys' fees already paid us pursuant to the reduced hourly
rate arrangement. Additionally, the City would be responsible for
all expenses which will be billed and payable on a monthly basis.
If you have any questions concerning this fee proposal,
please let me know. If the City is in agreement with the terms of
this proposal, please have an authorized representative sign on
the signature line below and return the signed copy to us.
Si rely,
Philip K. Max 1
PKM:bm
AGREED:
THE CITY OF ROUND ROCK, TEXAS
By
,d „a_
Authorized Representative
DATE SIGNED: 48-9-y7
LAW OFFIC &5 .
OF
LONGLEY & MAXWELL
1609 SHOAL CREEK BOULEVARD
SUITE 100
AUSTIN, TEXAS 78701
June 5, 1987
RECEIVED !!1" 0 8 19137
MAILING ADDRESS:
P.O, BOX 12667
CAPITOL STATION
AUSTIN,. TEXAS 76711
TELEPHONE:
512/477 -4444
512/476 -2722
800/792-4444
DATE: July 7, 1987
SUBJECT: Council Agenda, July 9, 1987
ITEM: 12F - Consider a resolution authorizing the Mayor to
enter into a contract with Phil Maxwell for legal
services in connection with the Glenn Neans lawsuit.
Pursuant to a legal action instituted against Glen Neans, et al, an agreed
Judgment in the amount of $1,500,000 plus pre - judgment interest and post - judgment
interest, contained a partial assignment to the City of Round Rock of the right
and entitlement to pursue and recover upon any cause of action against United
States Insurance Group, or any related or affiliated insurance company within
same, vested in Glen Neans, et al, based upon the failure to provide a defense
or coverage for Neans, et al. Since the Longley and Maxwell Lawfirm is familiar
with this case it would be in the best interest of the City to have them continue
to pursue this cause of Action pursuant to the agreement attached to the
Resolution.