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HomeMy WebLinkAboutPR13045:CRAIN, CATON & JAMESinteroffice MEMORANDUM To: Mayor, City Council & City Manager From: Mark T. Sokolow, City Attorney /~~--'~ Subjecn: P. R. No. 13045 iouncil Meeting March 1, 2005 Dane: February 24, 2C05 Atnached is P. R. No. 13f45 a Resolution approving a new legal services agreemenn with Crain, Canon & James as it pernalns no the landfill permit issue. (Accounn No. 403- 1274-533.54-00 MTS:ts Annachmenn cc: VIA FACSIMILE (713) 658-1921 Robin Morse, Esq. 909 Fann~n, 33rd Floor Two Houston, Cen5er Houston, TX 77010 z .pr13045 .memo P. R. No. 13045 02/23/05 ts RESOLUTION NO. A RESOLUTION PERTAINING TO A LEGAL SERVICES AGREEMENT WITH CRAIN, CATON & JAMES AS IT PERTAINS TO THE LANDFILL (ACCOUNT NO. 403- 1274-533.54-00) WHEREAS, it is deemed in the best interests of the citizens to approve a legal services agreement with the Law Firm of Crain, Caton & James in the City's effort to seek an amendment to l~s curren~ permit in order to raise the height of the operating landfill in order to increase capacity, a~ached hsreto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are ~rue and correct. Section 2. That a legal services agreement with the Law Firm of Craln, Caton & James as it pertains to the landfill, Exhibit "A" is herein approved. exceed a~ached hereto as Section 3. Sl0,000 will require City Council Section 4. That any additional expenditures that approval That a copy of this caption be spread upon the M±nunes of the City Council. z .pr13045 READ, ADOPTED AND APPROVED on this day of A.D., 2005, a5 a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vo%e: AYES: Mayor Council Members NOES: ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr13045 EXHIBIT "A" TELEJ~HON E: 713,658.2323 FACSIMILE: 713.658.19~ DIRECT LINE: ?~3.?S~.86 CRAIN CATON JAMES ATTORNEYS AND COUNSELORS EMAIL: RM 0 R 5e~ CRAi N CATO N. COM February 16, 2005 Via Facsimile (409) 983-8124 & Regular U.S. Mail Mark $okolow, Esq. City Attorney City of Port Arthur PO Box 1089 Port Arthur, Texas 77641-1089 RE: Landfill Permit Amendment Dear Mark: The purpose of this letter is to set forth the terms of the City's engagement of Crain. Caton & James. P.C. to represent the City in connection with the recent challenge by Roy R. Petersen to the amendment of the City's solid waste pern~it for its municipal landfill. Mr. Petersen has recently requested an administrative contested case hearing with the Texas Commission on Environmental Quality. Based on recent discussions, it is our understanding that the City is seeking an amendment to its current permit in order to raise the height of your operating landfill in order to increase capacity. Crain, Caton & James, P.C. proposes to bill this matter in accordance with our standard hourly rates, discounted by 25% in accordance with our previous accommodations to the City. My normal rate for 2005 is $325 per hour. The standard rates for our associate attorneys vary. from $175 per hour to $235 per hour, depending on their level of experience, and the rates of our paralegals vary from $65 per hour to $110 per hour, again depending on their level of experience. I will act as the primary attorney in charge of this matter with possible assistance from others within the Firm where they can perform certain tasks at my direction at a lower cost to the City. Regardless of who performs work on this matter, the above-quoted standard rates will be reduced by 25% in our invoices to the City. We normally bill on a monthly basis, and our invoices are due upon receipt. We do not mark-up our expenses, but rather pass them through as they are incurred. It is our intent to coordinate all work we do for the City through you so that you may be kept generally apprised of the level of effort being performed on the City's behalf. No outside experts will be retained without prior consultation with the City. Our initial effort will be to inquire with the Texas Commission on Enviromnental Quality to determine where the agency is with respect to consideration of whether to grant a contested 111-226865vl February 16, 2005 Page 2 case hearing to Mr. Peterson. As you know, his letter to the TCEQ raises a number of issues that appear to be baseless and outside the agency's limited jurisdiction. If we determine that Mr. Peterson lacks standing to participate in a TCEQ permit amendment hearing, we will seek to oppose his hearing request before the Commissioners. If a hearing is granted to Mr. Peterson, and the matter referred to the State Office of Administrative Hearings, we shall then seek to expedite the proceeding to the extent possible, including the possible pursuit of a summary disposition motion before the assigned administrative law judge. Ultimately, the matter may have to come back to the three Conunissioners for final consideration. If a full adjudicatory hearing is afforded to Mr. Petersen, the TCEQ's procedural roles allow for pre-heating discovery, and the hearing itself will be conducted pursuant to the rules of evidence in accordance with the Administrative Procedure Act. Our overall goal will be to seek approval of the pending amendment in the shortest amount of time possible and at the least expense to the City. We understand that. pending further approval from City Council, our initial work will be limited to a $5.000 budget. With the foregoing understandings, we would appreciate a confirmation of our engagement by having the appropriate Ci~ official sign in the space provided below and returning a copy of this engagement letter to us for our file. We appreciate your continued confidence in Crain. Caton & James, P.C., and we look forward to representing the best interests of the City and its citizens. Sincerely, By: CRA1N, CATON & JAMES, P.C. REM/nm AGREED: CITY OF PORT ARTHUR, TEXAS By: