R-88-1083 - 2/11/1988Mayor
Mike Robinson
Mayor Pro -tem
Trudy L. Lee
Council Members
Mike Hetligenstein
Glenn T. King
Pete Correa
Ronnie Jean
Charles Culpepper
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512- 255 -3612
Phil Maxwell
Law Office of
Longley & Maxwell
1609 Shoal Creek Blvd.
Suite 100
Austin, Texas 78701
Dear Phil:
March 10, 1988
Attached please find two originals of an agreement
between your firm and the City regarding the Glen Neans
Case. After you have signed both copies, please mail
one fully executed agreement back to the City for
our permanent files.
enc.
Thank you.
Sincerely,
Joanne Land
City Secretary
1D83`{
ATTEST:
At
JiANNE LAND, City Secretary
CRRRESLAW
RESOLUTION NO. 013/€
WHEREAS, the City of Round Rock wishes to retain the law firm of
Longley & Maxwell to pursue a claim against Glen Neans and others,
and
WHEREAS, an employment contract has been submitted by said firm
for the City's review and approval, NOW THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Attorney Employment Contract with Longley &
Maxwell, a copy of said employment contract being attached hereto and
incorporated herein for all purposes.
RESOLVED this /0 day of February, 1988.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTORNEY EMPLOYMENT CONTRACT
The undersigned CITY OF ROUND ROCK, TEXAS, (hereafter called
"CLIENT ") hereby retains and employs JOE K. LONGLEY and PHILIP K.
MAXWELL, of the Law Offices of Longley & Maxwell (hereafter called
"ATTORNEYS ") to represent the undersigned in all causes of action
resulting from the failure of USIG to defend and to pay CLIENT's
claim against Glenn Neans and the rest of the defendants in City
of Round Rock, Texas vs. Glenn Neans; Round Rock West, Inc.;
Conann Constructors, Inc.; Community Engineering, Inc.; Round Rock
Development Corporation; and Neans Tractor Company.
1. In consideration for the legal services to be rendered
to CLIENT by said ATTORNEYS, CLIENT hereby assigns and grants to
said ATTORNEYS 33 -1/3 percent (33 -1/3%) of all monies, interest or
property recovered through settlement or trial of these matters.
2. In the event attorneys' fees are awarded and collected
in an amount greater than 33 -1/3 percent (33 -1/3%) of the non -
attorneys' fees recovery herein, then, in such event, said ATTOR-
NEYS shall be entitled to such attorneys' fees as are awarded and
collected. In no event shall attorneys' fees be less than 33 -1/3
percent (33 -1/3%) of the non - attorneys' fees recovery.
3. CLIENT agrees that no structured settlement offer
involving the periodic payment of consideration shall be accepted
without the provision for the payment of attorneys' fees in a lump
sum at the time any such offer is accepted. Such attorneys' fees
shall be calculated on the total sum of the payments to be made
reduced to their present value at the time any such settlement
agreement is entered, or in such other manner as may be acceptable
to the parties to this agreement so long as such alternative
method is agreed to in writing as an addendum to this agreement.
4. Said ATTORNEYS are authorized to obligate CLIENT for all
reasonable expenses which are deemed necessary for the investiga-
tion, presentation, prosecution, defense or trial of such claims
and said expenses shall be billed to CLIENT monthly and shall be
due upon receipt.
5. This agreement is binding upon the heirs, successors,
representatives and assigns of CLIENT.
6. No compromise or settlement of any claim made on behalf
of CLIENT pursuant to this agreement contract will be made without
the consent of CLIENT.
7. This agreement is performable in Williamson County, Texas.
SIGNED and AGREED to on this llthday of February, 1988.
LAW OFF)
LONGLE i & MAXWELL
1609 S Creek Blvd.
Suite 100
Austin, Texas 78701
"ATTORNEYS"
Az 44.
Authorized Representative of
the City of Round Rock, Texas
"CLIENT"
PHILIP K MAXWELL
Mr. Steve Sheets
City Attorney
City of Round Rock
214 East Main
Round Rock, Texas 78664
Dear Steve:
LAW OFFICES
OF I-
LONGLEY •C MAXWELL
1609 SHOAL CREEK BOULEVARD
SUITE 100
AUSTIN, TEXAS 78701
January 22, 1988
RE: City of Round Rock and Glenn Neans vs. USIG
MAILING ADDRESS:
P.O. BOX 12667
CAPITOL STATION
AUSTIN, TEXAS 78711
TELEPHONE:
512/477 -4444
512/476 -2722
600 /792 -4444
I need to get an employment agreement signed between Longley
& Maxwell and the City with regard to the pursuit of the claim
against Neans' insurance company (which was partially assigned to
the City) for failing to defend and to pay the claim against him.
Enclosed please find a 1/3 contingent fee contract with the City
paying expenses.
Please call if you have any questions. If not, please have
an authorized representative of the City sign and return the
signed copy to me.
PKM:bm
Enclosure
With kindest personal regards, I remain
Philip K. Maxwell
DATE:
SUBJECT:
ITEM:
12A - Consider a resolution authorizing the Mayor
to enter into an attorney employment contract
with Longley & Maxwell.
STAFF RESOURCE PERSON: Steve Sheets
STAFF RECOMMENDATION:
ECONOMIC IMPACT:
February 9, 1988
Council Agenda, February 11, 1988
This agreement with the law firm of Longley
& Maxwell is to retain them to assist in the
collection of a judgment. No fees will be
,due unless and until money is actually received.