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R-91-1570 - 2/28/1991WHEREAS, the services of outside legal counsel are required to represent the City in the lawsuit brought by Emil Jamail Properties, Inc., 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 28th day of February, 1991. ATTEST: NE LAND, City Secretary RS02281B RESOLUTION NO. /.5 D/ l MIKE ROBINSON, Mayor City of Round Rock, Texas TELEPHONE 13121 A73 -1131 TCLECOPICR 16131 479.5977 9102FEC.LEP JOSEPH P. WEBBER ATTORNEY AT LAW P. O. BOX 222 AUSTIN. TEXAS 78767 February 19, 1991 &t a-a - q J The Honorable Mike Robinson Mayor City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SUBJECT: Cause No. 89- 128 -C, in the 26th Judicial District Court of Williamson County, Texas, Emile Jamai4l Properties. Inc.. a Texas Corporation v. 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 attorney in charge and 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 an submitting this letter setting out the fee agreement by which I propose to represent the City of Round Rock in the subject lawsuit as attorney in charge and 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: FIRST CITY CENTRE SUITE 1130 •15 CONGRESS AVENUE AUSTIN, TEXAS 75701 1. The City of Round Rock ( "City ") will be billed at the rate of $175.00 per hour (my standard hourly rate) 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, expense of modem use and access to database for computerized legal research ( "WestLaw "), 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; and 9102PEE.LET 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 JPW:rp Enclosures ACKNOWLE p .TEND . GREED TO BY HE UNDERSIGNED ON THIS THE 7 9 / v DAY OF l'C V THE CITY OF ROUND ROCK, TEXAS By: 2 eph P. Webber Mike Robinson, Mayor DATE: February 26, 1991 SUBJECT: City Council Meeting, February 28, 1991 ITEM: 9B. Consider a resolution authorizing the Mayor to enter into a contract with Joe Webber for legal services for the Emil Jamil Properties, Inc. lawsuit. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: This is the contract that was discussed in the last Executive Session.