Ord. 0202 07-13-70ORDINANCE NO. /1 D
AN ORDINANCE EMPLOYING THE LAW FIRM OF SEARS
AND BURNS AS SPECIAL COUNSEL FOR THE CITY OF
PEARLAND, TEXAS, TO PROSECUTE AN APPEAL TO
THE COURT OF CIVIL APPEALS FROM THE JUDGMENT
ENTERED IN THE CITY OF PEARLAND V. JOHN
ALEXANDER, ET AL, NO. 4349 IN THE COUNTY COURT
OF BRAZORIA COUNTY, TEXAS; AUTHORIZING SAID
LAW FIRM TO REPRESENT THE CITY OF PEARLAND IN
SUCH ACTIONS IN THE APPEAL AS MAY BE NECESSARY
IN THE COURT OF CIVIL APPEALS AND THE SUPREME
COURT OF TEXAS AND AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT OF EMPLOYMENT WITH SEARS AND
BURNS IN THE FORM OF THE WRITTEN CONTRACT
EXHIBITED TO THE COUNCIL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
Section 1. The City of Pearland is dissatisfied with
the judgment entered in the City of Pearland v. John Alexander,
et al, No. 4349 in the County Court of Brazoria County, Texas,
'6 desires to prosecute an appeal from such judgment to the Court of
Civil Appeals for the First Supreme Judicial District of Texas,
sitting at Houston, and desires to employ the law firm of Sears
and Burns, a partnership composed of Will Sears and Robert L.
Burns, to prosecute such appeal and represent the City in all
proceedings therein which may occur in the Court of Civil Appeals
or the Supreme Court of Texas. The City and said law firm have
agreed upon the terms of such employment and such terms are
incorporated in a form of contract'of employment which has been
exhibited to and approved by the Council at this meeting.
Section 2. The Council of the City of Pearland does
hereby employ the law firm of Sears and Burns to represent it as
Special Counsel in the aforesaid appeal and does hereby authorize
the Mayor to execute and the City Secretary to attest the written
contract of employment between the City of Pearland and the said
law firm which has been exhibited to and approved by the City Council.
ADOPTED this /3 day of July, 1970.
APPROVED:
ATTEST:
STATE OF TEXAS
COUNTY: OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS:
This Contract, made and entered into by and between
THE CITY OF PEARLAND, a Municipal Corporation, situated in
Brazoria County, Texas, hereinafter sometimes called "City",
and SEARS AND BURNS, a law firm of Houston, Harris County,
Texas, hereinafter sometimes called "Law Firm".
I.
For the consideration herein expressed, the City
agrees to employ Law Firm and hereby does employ Law Firm to
perform the services herein described, and Law Firm agrees to
and hereby does accept such employment. The services to be
performed by Law Firm are all services which are necessary to.
represent the City in the appeal of City of Pearland v. John
Alexander, et al, No. 4349 in the County Court of Brazoria
County, Texas, to the Court of Civil Appeals for the First
Supreme Judicial District of Texas, sitting at Houston, and
to the Supreme Court ,of Texas, through the overruling of a
Motion for Rehearing in the Supreme Court of Texas, if an appeal
thereto is taljen. The services include (without limitation)
perfecting the appeal to the Court of Civil Appeals, filing
the Brief of Appellant, and such other briefs as, in its
judgment, are.necessary, oral argument, the filing of a Motion
for Rehearing or a Reply to a Motion for Rehearing, if neces-
sary, the filing or Reply to an Application for Writ of Error,
a Motion for Rehearing on Application for Writ of Error,
oral argument in the Supreme Court, and a Motion for Rehearing
or a Reply to a Motion for Rehearing in the Supreme Court.
IL
In consideration of the services to be performed
by Law Firm, the City agrees to pay,Law Firm a fee as follows:
1. The sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS
($7,500.00) for services.performed in the Court of Civil Appeals
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through the overruling of a Motion for Rehearing, or the
judgment therein becoming final otherwise; such `sum of
$7,500.00 being payable, $3,750.00 upon the execution of
this contract and $3,750.00 upon the overruling of a Motion
for Rehearing in the Court of Civil Appeals, or upon the
judgment therein otherwise becoming final; and
2. If the filing of an Application for Writ of
Error or'a Reply to an Application for Writ of Error is
necessary in the judgment of Law Firm, the City agrees to
pay Law Firm the sum of FIVE THOUSAND DOLLARS ($5,000.00)
for its services in proceedings in the Supreme Court of
Texas, such fee being due and payable upon the filing of the
Application for Writ of Error or Reply to an Application for
Writ of Error.
The City agrees to bear all reasonable and neces
sary expenses, including, but not limited to, purchase of a
statement of facts and transcript, printing of briefs, court
costs and other expenses which are ordinarily borne by liti-
gants. The City will reimburse Law Firm for all reasonable
personal expenses incurred in the performance of the services
under this Agreement.
IV.
The City and Law Firm agree that this Contract and
the compensation provided herein shall be all-inclusive for
all services performed by all members and associates of Sears
and Burns. By the City Council's authorizing the execution
of this Contract, the City affirms that it has funds available
for the payment of the consideration herein expressed and that
such funds have been duly appropriated by Ordinance of the
City Council.
IN TESTIMONY WHEREOF, the City of Pearland has
caused this Contract of Employment to be executed in duplicate
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*as
counterparts by the Mayor, attested by the City Secretary,
with his corporate seal affixed, and Robert L. Burns has
executed this instrument for and on behalf of Sears and
Burns, on this, the day of July, 1970.
ATTEST:
CITY OF PEARLAND
By:
SEARS AND BURNS
By: 4%-e
Robert L. Burns
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