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R-99-11-16-4A1 - 11/16/1999* * * * * * * * * * * * * ** -COMM. JOURNAL- * * * * * * * * * * * * * * * * * ** DATE NOU -19 -1999 * * * ** TIME 17:31 * ** P.01 MODE = MEMORY TRANSMISSION FILE NO.= 154 STN NO. COM ABBR NO. STATION NAME /TEL.NO. PAGES DURATION 001 OK i 94729280 006/005 00:01'35' -CITY OF ROUND ROCK ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** - 5122197097 DATE: ATTENTION: DEPARTMENT: COMPANY: CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 (512) 218 -5400 11 - 19 —99 FAX COVER SHEET TOTAL PAGES (INCLUDING COVER SHEET). • START= NOU -19 17:29 END= NOU - 19 17:31 FAX #: 2 /7.Q-9,Q80 ALL, ciYu2, - * * * ** - 5122187097- * * * * * * * ** FROM: DEPARTMENT: (i46"1. DEPT. PHONE #: a 18`5'7 0 COMPANY: CITY OF ROUND ROCK **** a* * * * ** * * * * * * * * * * * ** *** * * ** * ** * ** COMMENTS: RESOLUTION NO. R- 99- 11- 16 -4A1 WHEREAS, the City of Round Rock desires to retain professional legal services for the condemnation of right -of -way for the Greenlawn Boulevard project and for the Highway 79 project, and WHEREAS, Mullen Lackey & Atwood, L.L.P. has submitted engagement letters to provide said services, and WHEREAS, the City Council desires to approve said engagement letters with Mullen Lackey & Atwood, L.L.P., 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 engagement letters with Mullen Lackey & Atwood, L.L.P., to provide legal services for the condemnation of right -of -way for the Greenlawn Boulevard project and for the Highway 79 project, a copy of said engagement letters being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 15th day of N ear ROB A. S LUKA, 4r., Mayor A EST: City of Round Rock, Texas & ANNE LAND, City Secretary K:\ WPOOCS \RESOLUTI \R91116A1.UPO /scg vember, City of Round Rock c/o Steve Sheets BROWN McCARROLL SHEETS & CROSSFIELD 309 East Main Street Round Rock, Texas 78664 -5246 Gentlemen: Mullen Lackey & Atwood, L.L.P. Attorneys at Law 1802 Lavaca Street, Austin, Texas 78701 Telephone: (512) 472 -9250 Fax (512) 472 -9280 November 11, 1999 Re: The City of Round Rock, Green Lawn Boulevard Project/Wilson Tract Thank you for selecting our law firm to represent you in connection with the above - referenced condemnation matter. It is our understanding that our engagement is limited to performance of services related to this matter. I will have primary responsibility for your representation and will utilize other attorneys and legal assistants in our firm as I feel appropriate in my professional judgment. We take into account many factors in billing for services rendered, and we will review your statements before being sent out to determine that the amount charged is appropriate. The principal factors in billing for our services are the time and effort and the hourly rates of the attorneys involved. My present hourly rate is $175 and, to the extent that other attorneys and legal assistants are involved, their present rates are from $140 to $175 for attorneys and $75 for legal assistants. Please review the foregoing and, if it meets with your approval, sign a copy of this letter and return it to me. City of Round Rock c/o Steve Sheets November 11, 1999 Page 2 We are pleased that you are entrusting your work to us. While we cannot guarantee the success of any given matter, we will do our best to provide you with prompt, high quality service. It is important for us to know how our clients feels about the services we provide. If you ever feel that we are not meeting this commitment or you have other questions about our relationship, please do not hesitate to call me. We look forward to serving you. APPROVED AND AGREED Very truly yours, MULLEN LACKEY & ATWOOD, L.L.P. Bv: ( g Lackey City of Round Rock c/o Steve Sheets BROWN McCARROLL SHEETS & CROSSFIELD 309 East Main Street Round Rock, Texas 78664 -5246 Gentlemen: Mullen Lackey & Atwood, L.L.P. Attorneys at Law 1802 Lavaca Street, Austin, Texas 78701 Telephone: (512) 472 -9250 Fax: (512) 472 -9280 November 11, 1999 Re: Cause No. 99- 540 -C368; The City of Round Rock, Texas, A Home Rule Municipal Corporation v. Texas Rainbow Company; 368 Judicial District; Williamson County, Texas Thank you for selecting our law firm to represent you in connection with the above - referenced lawsuit. It is our understanding that our engagement is limited to performance of services related to this matter. I will have primary responsibility for your representation and will utilize other attorneys and legal assistants in our firm as I feel appropriate in my professional judgment. We take into account many factors in billing for services rendered, and we will review your statements before being sent out to determine that the amount charged is appropriate. The principal factors in billing for our services are the time and effort and the hourly rates of the attorneys involved. My present hourly rate is $175 and, to the extent that other attorneys and legal assistants are involved, their present rates are from $140 to $175 for attorneys and $75 for legal assistants. Please review the foregoing and, if it meets with your approval, sign a copy of this letter and return it to me. City of Round Rock c/o Steve Sheets November 11, 1999 Page 2 We are pleased that you are entrusting your work to us. While we cannot guarantee the success of any given matter, we will do our best to provide you with prompt, high quality service. It is important for us to know how our clients feels about the services we provide. If you ever feel that we are not meeting this commitment or you have other questions about our relationship, please do not hesitate to call me. We look forward to serving you. APPROVED AND AGREED Very truly yours, MULLEN LACKEY & ATWOOD, L.L.P. By: �IJLG /Aug Lackey DATE: November 12, 1999 SUBJECT: City Council Meeting — November 16, 1999 ITEM: 4.A.1. Consider a resolution authorizing the Mayor to execute two (2) engagement letters with Mullen Lackey & Atwood, LLP for representation on two (2) condemnation matters. Staff Resource Person: Steve Sheets, City Attorney. In order to expedite the acquisition of this right -or -way it is recommended that outside counsel be retained to provide assistance. I have known Doug Lackey of Mullen Lackey and Atwood, L.L.P. for years and he is one of the finest litigation attorneys that I know. My firm will continue to be involved in the preparation and trial of these matters.