HomeMy WebLinkAboutO-1992-1803
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ORDINANCE NO. 1803
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND McELROY & SULLIVAN, L.L.P., ATTORNEYS AT LAW~ MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT~ FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW~ AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated~ and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of January, 1992.
B~~~
orman e. al ne, Ma~or
A~iku
Cherie Black
City Secretary
AW~
Knox W. Askins
City Attorney
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. MCELROY & SULLIVAN.
ATTOI~N":YS AT LAW
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MAILING ADDRESS.
P.O. BOX 12127
AUSTIN. TEXAS 78711
FIRS'I' S'I'A'1'1<~ BANK TOW":R
400 W"~S'l' 15TH ST1~EET
SUI1''': 14.10
AUS1'IN. TEXAS 78701
TELEPHONE
15121 48()'()()91
FACSIMILE
15121 48()'()968
January 10, 1992
Mr. Robert T. Herrera, City Manager
City of LaPorte
604 W. Fairmont Parkway
LaPorte, TX 77571
Dear Mr. Herrera:
This will confirm our agreement that the law firm of McElroy
& Sullivan, L.L.P. (M&S) will represent the City of LaPorte (the
City) in the City's pending judicial appeal of the decision of the
Texas Water Commission issuing a hazardous waste facility permit to
Houston Chemical Services, Inc. (HCS). M&S will represent the City
in prosecuting the appeal either through an appeal to the Texas
Supreme Court, or until such time as a court orders the matter
remanded to the Texas Water Commission, or until the City is no
longer a party to the appeal, whichever occurs first, for a flat
fee of $84,900.00, to be transferred from Winstead Sechrest &
Minick, P.C. to McElroy & Sullivan within 10 days. The City will
be responsible for the payment of transcript and statement of facts
costs and other costs of court connected with the appeal to the
extent they exceed a total of $250.00.
M&S will provide additional legal services to the City in
connection with the City'S opposition to HCS' proposed facility,
including defending the City against HCS' pending breach of
contract counterclaim in the permit appeal litigation, assisting in
defense of the HCS and Southern Ionics' breach of contract suit
pending against the City in federal district court and other
matters, as requested by the city. Such additional legal services
to be billed monthly at M&S prevailing hourly rates for legal
services, with payment from City for such services and associated
expenses to be made to M&S within thirty days after receipt of a
billing statement. Brent Ryan will be the attorney in charge of
M&S representation of the City; his current hourly rate is $175.00.
The City hereby authorizes M&S to also represent other parties
to the pending judicial appeal on such terms as may be agreed to by
M&S and such other party or parties, provided no conflict of
interest exists between the position of City and that of such other
party or parties.
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Mr. Robert T. Herrera
January 10, 1992
Page 2
If this agreement meets with your approval, please return one
executed original to us for our records.
Sincerely,
McELROY & SULLIVAN, L.L.P.
By:
CITY OF LaPORTE
BY: (J?~ T. ~
Robert T. Herrera, City Manager
920110LPAGT.1
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City .of La Porte
Established 1892
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January 17, 1992
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Mr. Tim Young
Winstead Sechrest & Minick
100 Congress Avenue, suite 800
Austin, Texas 78701
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Dear Mr. Young:
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The City of LaPorte has arranged for Brent Ryan to continue
representing it in connection with those matters previously handled
through your firm. Please have our current retainer balance
(approximately $84,900) and all files relating to the City of
LaPorte sent to Mr.' Ryan at McElroy & Sullivan, First State Bank
Tower, 400 West 15th Street, suite 1410, Austin, Texas 78701.
Sincerely,
~~T~
Robert T. Herrera
city Manager
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cc: Mr. Brent Ryan
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P.O. Box 1115 · LnPorte,Tcxns77572.1115. (713)471-5020