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Home My WebLink AboutPR 12062:CPA & CARL PARKER Memorandum City of Port Arthur, Texas Finance Department ro~ From: Date: Subject: Steve Fitzgibbons, City~/lag. ageff~/' Rebecca Underhill, Dire~4~na~e January 16, 2003 Proposed Resolution 12062 BACKGROUND On January 29, 1997, the City entered into an agreement with Carl Parker for legal services at a retainer of $2,000 per month. In 1998 the retainer was increased to $3,500 per month, for six months of 1999. This increase was to compensate Mr. Parker for services rendered on the City's behalf during the 1999 legislative session. In 2001, Resolution 01-38 increased Mr. Parker's retainer for the 2001 session in the same amount. This proposed resolution duplicates that arrangement for the 2003 session. Mr. Parker will once again be representing the City's interest on crucial legislative concerns during this session. The total cost for Mr. Parker's services for fiscal 2003 is $33,000. BUDGETARY EFFECT This increase was anticipated in the budget process and adequate funding, $33,000 was provided in account 001-1003-512.59-00 in the fiscal 2003 Budget. ~eC{ion 21 The ~2ity of Port Arthur hereby authori~z~ ~'1 Park~3k) provide ~rvices as a~le~islative representative and provide other consultation as needed. This agreement may be ended by either party with thirty days notice. Section 3. Mr. Parker's monthly retainer will be increased from $2,000 to $3,500 during the six month period from February, 2003 through July 2003. Section 4. This Resolution is contingent on Carl Parker signing and agreeing to the terms of this Resolution. Section 5. All other resolutions in conflict herewith are herein repealed to the extent of the conflict only. Section 6, That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. REAl), AI)OPTEI), ANl) APPROVEI), this__ day of January, 2003, Al), at a Regular NOES: ATTEST: Mayor Evangeline Green, City Secretary APPROVED AS TO FORM: Mark Sokolow, City Attorney APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager Rebecca Underhill, Finance Director AGREED TO: Carl Parker Date p A, RItER l)Olll AlUHUll "'I'E~,5 ° 77642-$,515 'l~'lephone; (409) g8,5-8814 ~,tid-Counly: (qO9) 722-81 I l ]%csimilm (4 0~,)) January 29, 199'7 EXHIBIT "A" Mr. Steve [~itzgibbons City Manager City of Port Arthur P. O. Box 1089 Port Arthur TX 7'7640-1089 RE: Representation of the City of Port Arthur Dear Mr'. Fitzgibbons: Pursuant to our recent discussions conceruing services to the C'i~ y of Port Arthur, I would propose the following: Carl A. Parker, P.C., with offices in Port Arthur and Anstin, would contract with the City of Port Arthur for a period of tweuty~ou: (24} months as follows: Parker will act as a legislative representative fez- the C.[t } of Port Arthur on the following matters: a) Annexatiou/ETJ issues. Parker will monitor ail pendJnq .! prospective legislatiou in which the powers of t~h~ annex may be affected. This [nclud~s, but is not ] ~ny bills thaL would reduce tile ETJ~ ~ncrease the se~;,/~,.:~ requirements, require the vote or consent of any owuel area to be annexed, ~equJre th~ cons~ut of any other entity annex or that would in any material manner change the present anuexation laws. The City has "in ].Jeu of tax" contracts refineries that wouJd be <~{rastica[iy affected if its abi] it? to plo.~ptly annex is removed or diminished. Palker notify the City of any pending legislative actions and wi [[ take such necessary action as to present the City's to senators and representatives. b) Pleasure' island. Parker will promote legislation that wi II give the.City of Port A[~thur clear title to the island. Thi:, would include but not be limited to lemoving the restzict:~,a~ in Senate BJ 11 No. 180 (1969) that "When the City ot Po~ ~. Arthur' ceases to need said lands, it shall convey said lland:~ Mr. steve Fitzgibbons · ~,i'"January~ 29, 1997 Page Two 4 5. to the State of Texas for the benefit of the Public Free School Zone, being the Fund to which the lands belonged". This restriction has inhibited the City in its development of the island. c) Parker shall also request legislators to amend Section 2.2141 of Article 1446c-0, V.T.C.A. to provide for munigipalities to also receive a 20 percent reduction of the utility's base rate. Parker would monitor legislation in which the City of Port officials and furnish consultation and advice concerning appropriate action. Such monitoring would include attendance on appropriate legislative committees, access to the Texas Legislative Electronic Service and attendance as necessary on non-interim committees when the Legislature is not in session. Parker would be available for general consultation on civil service matters. Fo,r specific hearings,/me~iations, or arbitrations, Parker stall charge a rate of~l~9~per hour. Parker would report to the City Manager, or the City Attorney and such other persons as requested by the City. Compensation for such services during the period of this contract would be $2,000.00 per month. CARL A. PARKER,~ P.C. CARL A. PARKER CITY OF PORT ARTHUR Approved: City Manager Date: CAI~L A. PARKEI;. I~C. CHRIS PARK,5. P.C.' MYRA L GREGORY ALLEN I'~AR KE R DONALD W DICIt,$ON RKER & Poal'A~mt'n * T[,~xs * 7764~-551~ Telephone: (409) I)86-5000 Mid-County: (409) 722-8 F~csimile: (40~)) fJ85.28~fi December 16, 1998 EXHIBIT "BTM Austin Office 1800 Guadalupe 2nd Floor Telephone; [,512) 474-2.504 Facsimile: O. IE I}(E IIARRIS HAlqD DELIVERED Mr. Steve Fitzgibbons City Manager City of Port Arthur Port Arthur TX 77642 Dear Steve: As per our recent conversation, tile coming session will be somewhat more burdensome than last session relative to Port Arthur. The recent report on annexation, if implemented, would be devastating to our tax base. In addition to the am'~exation issue, I expect a plethora of other city related legislation including environmental, utilities, development and city police authority. I would like to increase nay retainer for the first six (6) months of 1999 to S3,500.00'This will enable me to have someone assist me in behalf of Port Arthur and a small amount for expenses during the session. I would expect our agreernent to reduce to the current amount of $2,000 per month beginnin~"July~l i~ 1999.~ If you have any questions concerning this, please cai1. Sincerely, PARKER & PARKS, L.L.P. Carl~arker CAP/ps EXHIBIT "C" ~ L ~ b U ~' ~ESOLUTION NO. p/--,~ P. R. NO. 11238 A RESOLUTION AMENDING THE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND CARL PARKER WHEREAS, the City of Port Arthur entered into a two year agreement with Carl Parker dated January 29, 1997, a copy of which is attached as Exhibit "A", and WHEREAS, the City per Resolution No. 98-315, dated December 29, 1998 increased the retainer from $2,000 to $3,500 per month for six months of 1999 with additional services being provided after July 1, 1999 at the rate of $2000 per month as noted in "Exhibit B", and ~q-IEREAS, the City council of the City of Port Arthur desires that Mr. Parker act as a legislative representative for the City of Port Arthur during the 2001 Texas Legislative session. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The facts and opinions in the preamble are true and correct. Section 2. The City of Port Arthur hereby authorizes Carl Parker to provide se~ices as a legislative representative and provide other consultation as needed. This agreement may be ended by either party with thirty days notice. Section 3. Mr. Parker's monthly retainer will be increased from $2,000 to $3,500 during the six month period from February, 2001 through July 200 I. Section 4. This Resolution is contingent on Cart Parker signing and agreeing to the terms of this Resolution. Section 5. All other resolutions in conflict herewith are herein repealed to the extent of the conflict only. Section 6, That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. /,~ ~ay4 READ, ADOPTED, AND APPROVED, this f February, 2001, AD, at a Regular Meeting of the City Council of~he~,ty, o~ort Arthur, Texas by the following vote: AYES: Mayor: Cou lmembers: - Mayor Carolyn Dixon, Citl~Secretary APPROVED AS TO FORM: Mark Sokolow, City Attorney APPROVED FOR ADMINISTRATION: Q.tzgibbo.~ City Manager Rebecca Underhill, Finance Director AGREED TO: Carl Parker