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R-89-1327 - 8/31/1989WHEREAS, the services of outside legal counsel are required to represent the City in certain pending litigation, and WHEREAS, Joseph P. Webber, attorney at law, has submitted a retainer agreement to provide the legal services, and WHEREAS, the City wishes to retain Mr. Webber to represent it in the litigation, Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a retainer agreement with Joseph P. Webber, attorney at law, a copy of said agreement being attached hereto and incorporated herein I for all purposes. RESOLVED this-3) day of August, 1989. ATTEST: E C- RESLEGAL LAND, City Secretary RESOLUTION NO. /3.27 MIKE ROBINSON, Mayor City of Round Rock, Texas TELEPHONE 1512) 4721131 Dear Mr. Robinson: JOSEPH P. WEBBER ATTORNEY AT LAW P. O. BOX 222 AUSTIN. TEXAS 78767 August 25, 1989 404 WEST 18^' ST. AUSTIN. TEXAS 78701 The Honorable Mike Robinson Mayor City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Subject: Cause No. 86- 382 -C, in the 26th Judicial District Court of Williamson County, Texas, Round Rock County Road 170. Ltd. v. City of Round Rock. Texas I have been contacted by the Round Rock City Attorney, Mr. Stephan L. Sheets, in regard to assisting him as co- counsel for the City of Round Rock in the subject lawsuit, which is presently set for jury trial beginning on October 9, 1989. I have the highest regard for both the City of Round Rock and Mr. Sheets, and would welcome the opportunity of assisting Mr. Sheets in representing your interests in the subject lawsuit. At Mr. Sheets' request, I am submitting this letter setting out the fee agreement by which I propose to represent the City of Round Rock in the subject lawsuit as co- counsel with your City Attorney, Mr. Stephan L. Sheets. The proposed fee agreement is as follows: 1. The City of Round Rock ( "City ") will be billed at the rate of $150.00 per hour for all work performed; 2. I will be reimbursed for any and all expenses incurred as a result of my representation of the City, specifically including, but not limited to, any and all travel expenses, long distance telephone expense, photocopy expense, filing fees, court reporter fees and all transcript costs. Expenses will normally be billed monthly as they accrue; however, I reserve the right to submit billings and /or invoices for expenses (E.g., court reporter fees) directly to the City for payment; 3. An itemized bill will be submitted to the City on a monthly basis reflecting all work which I may perform and all expenses incurred; all billings will be in minimum increments of one - quarter (.25) hour for all work performed. RECEIVED p "e 2 8 '' The Honorable Mike Robinson, Mayor August 25, 1989 Page 2 If the above described fee arrangement is, in all respects, satisfactory, please acknowledge the City's acceptance by signing this letter in the space provided below. Please forward the enclosed duplicate of this letter (reflecting your signature) to this office. You may retain the original letter for your files. I look forward to working with the City of Round Rock and with Mr. Sheets in regard to the subject lawsuit. Sincere yours, JPW:sa Enclosure seph P. Webber ACKNOWLEDGE AND AGED TO BY THE UNDERSIGNED ON THIS THE � (�Gn /ixz r � jtE i , 1989. 0/ , IL DAY OF CITY OF ROUND ROCK By: Mike Robinson Mayor DATE: August 28, 1989 SUBJECT: Council Agenda, August 31, 1989 ITEM: 3B. Consider a resolution authorizing the Mayor to sign an agreement to retain Joe Webber for the County Road 170 Ltd. lawsuit. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: This case is set for jury trial in October. Mr. Webber is an experienced litigation attorney and has successfully represented the City in the past. Staff recommends adoption of the resolution.