HomeMy WebLinkAboutO-1963-691
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ORDINANCE NO.
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AN ORDINANCE EMPLOYING KIIBLER & KIIBLER# ATTORNEYS, AND STRAS-
BURGER~ PRICE~ KELTON # ,MILLER & MARTIN, ATTORNEYS, TO REPRESENT
THE CITY OF LA PORTE IN CAUSE NO. 595,022, IN THE DISTRICT COURT
OF HARRIS COUNTY, TEXASI' AND IN ALL RELATED MATTERS~ FDCING THEIR
COMPENSATION~ PROVIDING FOR PAYMENT THEREOF, AND PROVIDING FOR
THE PAYMENT OF REASONABLY NECESSARY EXPENSES INCIDENTAL TO SUCH
EMPLOYMENT.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE,
TEXAS:
Section ,1. The employment .of Kiibler & Kiibler and
of Strasburger, Price, Kelt'on, Miller & Martin, as special coun-
. sel t'o represent the City of La Porte' and the City Commission in
Cause No. 595,022, styled The State of 'Texas, Et AI, vs. the City
of La Perte, Et AI, and all related matters is hereby ratified
and confirmed.
Section 2. Kiibler & Kiibler shall be paid a reasonable
fee fer their services rendered and to be rendered in such repre-
sentation, and they shall be reimbursed for such reasonably neces-
sary expenses as .they may incur in the perfermance of such services.
S'trasburger, Price, Kel'ton, Miller & Martin shall be paid a fee in
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accordance with the fOll'owing schedule, and shall be reimbursed for
such reasonably necessary expenses as they may incur in the perfor-
mance of such services:
(a) In the event the Ci'ty of La Porte loses its claim t9
all of the land described in its Ordinance No. 587,
as amended, after final appeal .of said cause, the sum
.of Twenty-Five Thousand Dollars ($25,000.00).
(b) In the event the City of La Porte retains within its
boundaries all of the land c;:Iescribed in its Ordinance
No. 587, as amended, after final appeal of said cause,
the sum of Seventy-Five Thousand Dollars ($75,000.00).
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(c) In the event the City of La Porte, after final appeal
.of said cause, retains within its boundaries a,por-
tion only .of the land described in its Ordinance No.
587, as amended, a fee of Twenty-Five Thousand Dollars
($25,000.00), 'together with an additional sum, not t.o
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Ordinance No. 691
Page 2 of 3
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exceed a total of Seventy-Five Thousand Dollars
($75,000.00); as may be agreed upon by the City
Commission ot the Ci,ty of La Porte and by Stras-
burger, Price, Kelt-on, Miller & Martin, it being
the intention of the City Commission and of
Strasburger, Price, Kelton, Miller & Martin, that
tha't portion of the fee exceeding Twenty-Five Thou-
sand Dollars, ($25,000.00) shall be gauged as far
as is' possibl~ by the ul'~imate benefits that the
City of La Porte will. receive by the inclusion of
such land within its boundaries.
Secti~n 3. The fees 'to be paid Kiibler & Kiibler and
expenses to be reimbursed Kiibler & Kiibler shall be so paid and
reimbursed from time to time as sta.tements therefor are received.
The fees to be paid and the expenses to be reimbursed Strasburger,
Price, Kelton, Miller & Martin, are to be paid in .accordance with
the following schedule:
Ca) A Five Thousand Dollars ($5,000.00) retainer before
'trial of the suit on. its merits.
(b) A payment of Five Thousand Dollars ($5,000.00) in the
fall of 1963.
(c) In the event the City of La Porte loses its claim to
'all of the land descr~bed in its Ordinance No. 587,
as amended, upon the trial of said cause in the trial
court, ,and d'oes not prosecute its appeal through the
judgment' of the Court of Civil ApPE?als, Strasburger,
,Price, Kelton, Miller & Martin is to be paid an addi-
tional Five Thousand Dollars ($5,000.00), for a total
fee of F.ifteen Thousand Dollars ($15,.000.00).
(d) In the event the City of La Porte loses its claim to all of
the land described in its Ordinance No. 587,. as amended,
in the Court of Civil Appealsl and does not prosecute
:its appeal through the judgment of the Supreme Court of
Texas, S'trasburger, Price,. Kelton, Miller & Martin is
to be paid an additional Five, Thousand Dollars ($5,000.00)
for a t'otal fee of Twenty Thousand Dollars ($20,000.00).
(e) In the eyent the Ci,tyof La Porte loses its claim to all
of the ,land: described in its Ordinance No. 587, as
amended, after final appeal of said cause has been had,
'Strasbur'g.er, Price, Kelton, Miller & Martini S,' tbtal", fee
shall ,be:.TWEm~y-:FiYe Thousand Dollars ($25,000.00).
Section 3. The fee due Strasburger, Pricel Kelton,. Miller
& Martin shall be paid in
three (3)
equal annual ins'tallments,
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Ordinance No. 691
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the first of which shall be due and payable in the fall of 1964,
and a like ins'tallment in the fall of each year thereafter.
Section 4. This ordiIiance:,shall take effect from and
after its passage, and i't is so enacted.
The foregoing ordinance having been introduced by
Commissioner Osburn
, seconded by Commissi oner
Stabs
i duly put and carried unanimously, it
is hereby approved, adopted and ordered entered in the minutes,
this the
26th day of November, 1963.
ATTE~S'l!;! ~' ~' '
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Mayor of
Texas
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City Clerk of the City of
La Porte, Texas