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R-90-1477 - 7/12/1990WHEREAS, 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 COUNCIL OF THE CITY 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 for all purposes. RESOLVED this 12th day of July, 1990. ATTEST: RS07120C L/ �' [� (Jl/ LAND, City Secretary RESOLUTION NO. / ' 7 ' 77 i€/ MIKE ROBINSON, Mayor City of Round Rock, Texas TELEPHONE 18121 472.1181 TELECOPIER 15121 479.8977 JOSEPH P. WEBBER ATTORNEY AT LAW P. O. 80X 222 AUSTIN. TEXAS 78767 1 ELEIVED JUL 19�i1 July 9, 1 FIRST CITY CENTRE SUITE 1180 818 CONGRESS AVENUE AUSTIN. TEXAS 70701 The Honorable Mike Robinson Mayor City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SUBJECT: Cause No. 484,416, in the 299th Judicial District Court of Travis County, Texas, T.A. Fairey and Tom E. Fairev v. The City of Round Rock Dear Mayor Robinson: 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. 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, which I have discussed briefly with Mr. Sheets is as follows: 1. The City of Round Rock ( "City ") will be billed at the rate of $175.00 per hour (my current hourly rate for all new cases accepted on or after January 1, 1990) 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 expense, long distance telephone expense, photocopy expense, telecopy 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. 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. If you, or any members of the City council, have any questions whatsoever concerning this proposed fee arrangement please do not hesitate to call me. I look forward to working with The City of Round Rock and with Mr. Sheets once again. Sincerely ours, Joseph P. Webber JPW:rp Enclosure ACKNOWL D AND AGREED TO BY THE UNDERSIGNED ON THIS THE /a DAY OF , 1990. THE CITY OF ROUND ROCK, TEXAS Sy: Mike Robinson, Mayor 2 JUL.— 9- 9 0 M O N 12 :0 0 JOSEPH P . W E B B E P. TELEPHONE 11110) 472.1131 TELECOPIgn IEq) 4794677 JOSEPH R WEBBER ATTORNEY AT LAW P. 0. BOX 222 AUSTIN. TEXAS 75787 July 9, 1990 FIRST CITY CENTRE SUITE 1100 010 CONGRESS AVENUE AUSTIN. TEXAS 711701 The Honorable Mike Robinson Mayor City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SUBJECT: Cause No. 484,416, in the 299th Judicial District Court of Travis County, Texas, T.A. Fairey and Tom E. Fairev V The City of Round Rock Dear Mayor Robinson: X 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. 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, which X have discussed briefly with Mr. Sheets is as follows: 1. The City of Round Rock ("City") will be billed at the rate of $175.00 per hour (my current hourly rate for all new cases accepted on or after January 1, 1990) 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 expense, long distance telephone expense, photocopy expense, telecopy 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. P . 0 2 JUL_- 9- 9 O M O N 12 :5 1 JOSEPH P. W E B B E R 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. If you, or any members of the City council, have any questions whatsoever concerning this proposed fee arrangement please do not hesitate to call me. I look forward to working with The City of Round Rock and with Mr. Sheets once again. JPW:rp Enclosure Sincerely ours, Joseph P. Webber ACKNOWLEDGED AND AGREED TO BY THE UNDERSIGNED ON THIS THE DAY OF , 1990. THE CITY OF ROUND ROCK, TEXAS By. Mike Robinson, Mayor 2 P. O DATE: July 10, 1990 SUBJECT: City Council Meeting, July 12, 1990 ITEM: 11.C. Consider a resolution authorizing the Mayor to enter �. into an agreement with Joe Webber for legal services. STAFF RESOURCE PERSON: STAFF RECOMMENDATION: Steve Sheets Legal services are required to represent the City in a lawsuite filed by Tom Fairey. Attached is a retainer agreement from Joe Webber, Attorney at Law. Staff recommends approval of this agreement.