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Ord. 0571 07-24-89ORDINANCE NO. 571 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE LAW FIRM OF SEARS AND BURNS AND THE CITY OF PEARLAND, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: SECTION 1. That the facsimile of contract, annexed hereto, incorporated herein for all purposes, designated Exhibit "A", by and between the law firm of Sears and Burns and the City of Pearland, Texas, to determine the title to the right-of-way of Nasawood Drive or, alternatively, condemnation, is hereby authorized and approved. SECTION 2. The City Council finds that such contract is reasonable and necessary and that there are sufficient city funds for the availability of payment. SECTION 3. The Mayor and the City Secretary of the City of Pearland, Texas, are hereby authorized and directed to execute for and on behalf of the City the annexed contract documents, and counterparts thereof. PASSED and APPROVED on first reading this a day of , A. D., 1989. ATTEST: City4eidw-ze- Setary Mayor 1 day of ATTEST: PASSED and APPROVED on second and final reading this a 4( A. D., 1989. City S Cretary APPROVED AS TO FORM: City Attorney c 2nn Mayor 2 EXR!$IT- Texas. WILL SEARS ROSERT L BURNS G CHARLES DIPPEI J. MARK BREEDING CHARLES R. HUSER. JR. SAL R LePICCOLO. 11 DENISE STAUDACHER Mr. Ronald J. Wicker City Manager City of Pearland P. O. Box 2068 3519 Liberty Drive Pearland, Texas 77581 Re: Employment Agreement Dear Ron: SEARS AND BURNS ATTORNEYS AT LAW 55 WAUGH DRIVE. SUITE 400 HOUSTON. Texas 77007-5812 July 10, 1989 TELEPHONE 17131 853.9601 We agree to represent City of Pearland upon the following terms: 1. Scope of the Representation. To represent City of Pearland in a declaratory judgment action to declare that the City possesses rights to maintain a street in a right-of-way easement and alternatively in a condemnation action to obtain a right-of-way easement along a portion of Nasawood Drive. 2. Compensation for Services Rendered. This firm charges fees for legal services rendered upon the basis of chargeable time. Chargeable time is defined as the amount of time that a lawyer possessing equal years of experience and having ordinary competence in Harris County, Texas, may be expected to expend in the accomplishment of a given legal task. As an example of its operation, if a lawyer of ordinary competence requires two hours to accomplish a given legal task, but this firm would accomplish the task in one hour, you would be billed at the firm's hourly rates for partners and associates involved for two hours' services; otherwise, we would be penalized for possessing more expertise than the lawyer of ordinary competence. Conversely, if such a lawyer required two hours, but we required four hours to accomplish the task, you would be billed for two hours' services. The concept of chargeable time necessarily takes into account all factors set forth in DR2-106, Rules of Disciplinary Conduct of the legal profession, copy enclosed. Any final billing to you for services rendered will be based upon chargeable time and will take into account applicable factors stated in DR2-106. This firm charges actual time rates for purposes of interim billings ranging from $250 per hour for senior partners down to $45 per hour for legal assistants. The hourly rates will be adjusted dependent upon inflation. Once the fee retainer referred to hereafter is exhausted, we will bill you on a regular basis for time expended, at actual time rates, only. The initial retainer and interim billing amounts will be taken into account in any final billing. All fees payable to the firm are payable at its offices in Houston, Harris County, Mr. Ronald J. Wicker City Manager City of Pearland July 10, 1989 Page Two 3. Costs and Expenses. From time to time the firm will incur expenses on behalf of the City associated with the litigation. The City agrees to pay the firm at its offices in Houston, Harris County, Texas, all out-of-pocket expenditures by the firm on its behalf. We will invoice the City on a regular basis as necessary to defray such expenses. If it is necessary to take depositions, the City agrees to make direct payment of the court reporter's fees and expenses incurred in transcribing such depositions upon receipt of the invoices. It may be necessary to retain expert witnesses on behalf of the City, and if, after consultation with you, this firm retains such expert witnesses, the City agrees to make payment of the fees, costs and expenses directly to such experts upon receipt of their invoices. 4. Retainer for Services. As a fee retainer to the firm, we request the City to pay us the sum of $5,000.00, payable to "Sears and Burns," for services performed and to be performed under this Agreement. The retainer will remain the property of the firm, irrespective of the outcome of the representation. 5. Miscellaneous Matters. This firm, as well any any other law firm, cannot and does not guarantee results. We only warrant and represent that we will apply our experience, learning and ability to the legal task at hand in accordance with the standard of competence of lawyers in the community. The City is hiring the law firm of Sears and Burns, a general partnership of lawyers. Since no one member of the firm is committed to the handling of the representation, but the firm with all of its members and associates is committed, we reserve the right to commit to the task at hand those members or associates we deem necessary for the accomplishment of the representation. SEARS AND BURNS By (•, ` / " 41'v lC J. ark Breeding AGREED AND ACCEPTED: CITY OF PEARL By Tom Reid, Mayor DATED: CERTIFICATION THE STATE OF TEXAS X COUNTY OF BRAZORIA X I, Kay Krouse, City Secretary of the City of Pearland, Texas, hereby certify that the attached is a full, true, and correct copy of ORDINANCE NO. 571 as the same appears of record in my office in the City Hall at Pearland, Brazoria County, Texas; that the same is kept and maintained in the ordinary course of business; and that I am the lawful possessor and custodian of said ordinance WITNESS MY HAND AND SEAL of office at my office in Pearland, Brazoria County, Texas, this the A.D., 19 89 . (SEAL) 27 day of July KAY KROUSS CITY SECRETARY