CM-09-06-123TEL: (512) 472-1131 LAW OFFICES 100 CONGRESS AVENUE
FAX: (512) 479-8977 OF SUITE 2100
Webberlawaustin@aol.com JOSEPH P. WEBBER AUSTIN, TEXAS 78701
April 29, 2009
Mr. Jim Nuse
City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
SUBJECT: Attempt by the City of Round Rock to obtain temporary injunctive relief against the
Lower Colorado River Authority ("LCRA") in regard to the LCRA actions and/or
threatened actions relating to the "Wastewater Disposal Contract" dated October 1,
2000 among Brazos River Authority; Lower Colorado River Authority; City of
Round Rock; City of Cedar Park; and City of Austin
Dear Mr. Nuse:
This letter will set out the fee agreement by which this firm proposes to represent the City of
Round Rock, Texas ("the City") in regard to the City's attempt to obtain temporary injunctive relief
against the LCRA in regard to the LCRA's actions and/or threatened actions relating to the subject
"Wastewater Disposal Contract".
As used hereafter, the term "the City" means the City of Round Rock, Texas.
The proposed fee agreement is as follows:
1. The City will pay for legal services rendered by this firm at this firm's standard
hourly rates for attorneys and paralegals. The City will initially be billed at the
current standard hourly rate of $300 per hour for all work which I may perform; the
City will initially be billed at the current standard hourly rate of $150 per hour for all
work which any associate attorney may perform; the City will initially be billed at
the current standard hourly rate of $60 per hour for all work which any paralegal
may perform. The City will be given thirty (30) days written notice of any increase
in this firm's standard hourly rates. All billings will be in minimum increments of
one-tenth (0.10) hour for all work performed.
2. This firm will be reimbursed for any and all expenses incurred as a result of its
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 databases for computerized legal
research, filing fees, court reporter fees, transcript costs, court costs, and expert
witness fees and expenses. Expenses will normally be billed periodically as they
accrue; however, this firm reserves the right to submit billings and/or invoices for
expenses (E.g., court reporter fees, expert witness fees, photocopy fees, etc.) directly
to the City for payment; this firm also reserves the right to request that the City to
prepay any expenses (E.g., court reporter fees, expert witness fees, photocopy fees,
BOARD CERTIFIED, CIVIL TRIAL LAW — TEXAS BOARD OF LEGAL SPECIALIZATION
2225 .fee. agreement.4-29-09
Mr. Jim Nuse
April 29, 2009
Page 2
etc.) for which we deem prepayment necessary or desirable;
3. An itemized invoice will be submitted to the City periodically reflecting all work
which may be performed and all expenses incurred;
4. The total amount of legal fees and expenses (excluding filing fees; court ordered
cash deposits; bond and surety fees/premiums; court costs; court reporter and
videographer fees, expert witness fees, and fees paid to third parties) under this fee
agreement shall not exceed $25,000;
5. In legal representation of any kind it is, of course, impossible to predict or guarantee
results. This letter will confirm that this firm cannot promise or predict, and has not
promised or predicted, the results of its representation of the City in regard to the
City's attempt to obtain temporary injunctive relief against the LCRA; and
6. In my representation of the City I will follow "The Texas Lawyer's Creed -A
Mandate for Professionalism" ("Texas Lawyers' Creed"), a true and correct copy of
which is attached hereto and made a part hereof for all purposes. Please read the
attached Texas Lawyer's Creed carefully before signing this fee agreement.
If the above described fee agreement is, in all respects, satisfactory, please acknowledge the
City of Round Rock's acceptance by signing this letter in the space provided below for your
signature. Please deliver an executed copy of this fee agreement (bearing your signature) to this
office.
I look forward to working with you; with the administration and staff of the City of Round
Rock; and with the City Attorney, Stephan L. Sheets, in regard to the City's attempt to obtain
temporary injunctive relief against the LCRA.
JPW/trj
ACKNO
DAY OF
EDGED AND AGREED TO BY THE UNDERSIGNED ON THIS THE
, 2009:
City of Round Rock, Texas
By:
Nuse
Manager
2225.fee.agreement.4-29-09
•
THE TEXAS LAWYER S CREED
A MANDATE FOR PROFESSIONALISM
I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I
am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary
rules of Professional Conduct, but I know that Professionalism requires more than merely
avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it
is right.
I. OUR LEGAL SYSTEM. A lawyer owes to the administration of justice personal dignity,
integrity and independence. A lawyer should always adhere to the highest principles of
professionalism. I am passionately proud of my profession. Therefore, My word is my bond.
I am responsible to assure that all persons have access to competent representation regardless of
wealth or position in life. I commit myself to an adequate and effective pro bono program. I am
obligated to educate my clients, the public and other lawyers regarding the spirit and letter of this
Creed. I will always be conscious of my duty to the judicial system.
II. LAWYER TO CLIENT. A lawyer owes to a client allegiance, learning, skill and industry.
A lawyer shall employ all appropriate means to protect and advance the client s legitimate rights,
claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial
disfavor or public unpopularity, nor be influenced by mere self-interest. I will advise my client of
the contents of this Creed when undertaking representation. I will endeavor to achieve my
client s lawful objectives in legal transactions and in litigation as quickly and economically as
possible. I will be loyal and committed to my client s lawful objectives, but I will not permit
that loyalty and commitment to interfere with my duty to provide objective and independent
advice. I will advise my client that civility and courtesy are expected and are not a sign of
weakness. I will advise my client of proper and expected behavior. I will treat adverse parties
and witnesses with fairness and due consideration. A client has no right to demand that I abuse
anyone or indulge in any offensive conduct. I will advise my client that we will not pursue
conduct which is intended primarily to harass or drain the financial resources of the opposing
party. I will advise my client that we will not pursue tactics which are intended primarily for
delay. I will advise my client that we will not pursue any course of action which is without merit.
I will advise my client that I reserve the right to determine whether to grant accommodations to
opposing counsel in all matters that do not adversely affect my client s lawful objectives. A
client has no right to instruct me to refuse reasonable requests made by other counsel. I will
advise my client regarding the availability of mediation, arbitration, and other alternative
methods of resolving and settling disputes.
III. LAWYER TO LAWYER. A lawyer owes to opposing counsel, in the conduct of legal
transactions and the pursuit of litigation, courtesy, candor, cooperation, and scnipulous
observance of all agreements and mutual understandings. Ill feelings between clients shall not
influence a lawyer s conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not
engage in unprofessional conduct in retaliation against other unprofessional conduct. I will be
courteous, civil, and prompt in oral and written communications. I will not quarrel over matters
of form or style, but I will concentrate on matters of substance. I will identify for other counsel
or parties all changes I have made in documents submitted for review. I will attempt to prepare
documents which correctly reflect the agreement of the parties. I will not include provisions
which have not been agreed upon or omit provisions which are necessary to reflect the agreement
of the parties. I will notify opposing counsel, and, if appropriate, the Court or other persons, as
soon as practicable, when hearings, depositions, meetings, conferences or closings are canceled.
I will agree to reasonable requests for extensions of time and for waiver of procedural
formalities, provided legitimate objectives of my client will not be adversely affected. I will not
serve motions or pleadings in any manner that unfairly limit another party s opportunity to
respond. I will attempt to resolve by agreement my objections to matters contained in pleadings
and discovery requests and responses. I can disagree without being disagreeable. I recognize
that effective representation does not require antagonistic or obnoxious behavior. I will neither
encourage nor knowingly permit my client or anyone under my control to do anything which
would be unethical or improper if done by me. I will not, without good cause, attribute bad
motives or unethical conduct to opposing counsel nor bring the profession into disrepute by
unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony
towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling
between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of
opposing counsel. I will not take advantage, by causing any default or dismissal to be rendered,
when I know the identity of an opposing counsel without first inquiring about that counsel s
intention to proceed. I will promptly submit orders to the Court. I will deliver copies to
opposing counsel before or contemporaneously with submission to the court. I will promptly
approve the form of orders which accurately reflect the substance of the rulings of the Court. I
will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or
copies of correspondence. I will not arbitrarily schedule a deposition, Court appearance, or
hearing until a good faith effort has been made to schedule it by agreement. I will readily
stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party. I
will refrain from excessive and abusive discovery. I will comply with all reasonable discovery
requests. I will not resist discovery requests which are not objectionable. I will not make
objections nor give instructions to a witness for the purpose of delaying or obstructing the
discovery process. I will encourage witnesses to respond to all deposition questions which are
reasonably understandable. I will neither encourage nor permit my witness to quibble about
words where their meaning is reasonably dear. I will not seek Court intervention to obtain
discovery which is clearly improper and not discoverable. I will not seek sanction or
disqualification unless it is necessary for protection of my client s lawful objectives or is fully
justified by the circumstances.
IV. LAWYER AND JUDGE. Lawyers and judges owe each other respect, diligence, candor,
punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges
are equally responsible to protect the dignity and independence of the Court and the profession. I
will always recognize that the position of judge is the symbol of both the judicial system and
administration of justice. I will refrain from conduct that degrades this symbol. I will conduct
myself in court in a professional manner and demonstrate my respect for the Court and the law. I
will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and
civility. I will be punctual. I will not engage in any conduct which offends the dignity and
decorum of proceedings. I will not knowingly misrepresent, characterize, misquote or miscite
facts for authorities to gain an advantage. I will respect the rulings of the Court. I will give the
issues in controversy deliberate, impartial and studied analysis and consideration. I will be
considerate of the time constraints and pressures imposed upon the Court, Court staff and
counsel in efforts to administer justice and resolve disputes.
BLUE SHEET FORMAT
DATE: May 1, 2009
SUBJECT: City Manager Approval- May 8, 2009
ITEM: Action authorizing the City Manager to execute a Letter of Agreement
with Joseph P. Webber for legal services in matters relating to the Wastewater
Disposal Contract (LCRA).
Department: Administration
Staff Person: Cindy Demers, Assistant City Manager
Justification:
This agreement is to assist the City to obtain temporary injunctive relief
against the Lower Colorado River Authority (LCRA) in regard to the LCRA
actions and/or threatened actions relating to the "Wastewater Disposal
Contract".
Funding:
Cost: not to exceed $25,000
Source of funds: Utility Fund (5250-200-40000)
Outside Resources: N/A
Background Information: The City wants to transfer ownership of the
Brushy Creek Wastewater System from LCRA
to the customers due to LCRA's escalating
charges and cost allocations. Mr. Webber will
assist in these negotiations between the
customers and the LCRA.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04