HomeMy WebLinkAboutPR 17510: CONTRACT WITH LAWTON LAW FIRM P. R. No. 17510
02/07/13 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ATTORNEY CONSULTATION AND FEE
CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND
THE LAWTON LAW FIRM, P.C., IN AN AMOUNT NOT TO
EXCEED $100,000; FUNDS AVAILABLE IN ACCOUNT
NO. 001 - 1003 - 512.59 -00, PROJECT NO. M07004
WHEREAS, the City of Port Arthur has a Franchise Fee Agreement
with Entergy Texas, Inc.; and
WHEREAS, it is in the best interest of the citizen's of Port
Arthur for the City to enter into an Attorney Consultation and Fee
Contract with the Lawton Law Firm, P.C., to represent the City
regarding the accuracy of the payment of franchise fee obligations
to the City from Entergy Texas, Inc.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Council hereby authorizes the
City Manager to enter into an Attorney Consultation and Fee
Contract with the Lawton Law Firm, P.C., regarding the City's
franchise fee agreement with Entergy Texas, Inc. and the accuracy
of the payment of franchise fee obligations to the City from
Entergy Texas, in an amount not to exceed $100,000, in
substantially the same form as attached hereto as Exhibit "A ".
s'. pr17510
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
, A.D., 2013, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
I
CITY ATT RNE ( 7 1
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED AS TO THE AVAILABILITY OF FUNDS:
kit/AIL e:dal
DIRECTOR OF FINANCE
s.pr17510
EXHIBIT "A"
s.pr17510
ATTORNEY CONSULTATION AND FEE CONTRACT
THIS AGREEMENT ( "Agreement ") is made on February 6, 2013, between City of Port
Arthur, hereinafter referred to as "Client ", and The Lawton Law Firm, 701 Brazos St. Suite 500,
Austin, Texas 78701, hereinafter referred to as "Attorney ":
In consideration of the mutual promises herein contained, the parties hereto agree as follows:
I. PURPOSE OF REPRESENTATION
1.01 Client hereby retains and employs Attorney to sue for and recover all damages and
compensation to which Client may be entitled as well as to compromise and settle all claims
described below:
City of Port Arthur v. Entergy Texas, Inc. regarding the City's franchise fee
agreement with Entergy Texas, Inc. and the accuracy of the payment of franchise
fee obligations to the City from Entergy Texas, Inc.
II. ATTORNEY FEES AND EXPENSES
2.01 In consideration of services rendered and to be rendered by Attorney, Client and
Attorney hereby agree that the total legal fees for this matter shall not exceed $100,000.00.
The following hourly rates shall apply as set out below:
Daniel J. Lawton $250 /hr
Associates $200 /hr
Local Counsel $250 /hr
It is agreed and understood that if the amount of attorney's fees on this claim or cause of
action, are regulated or governed by law, and that law precludes any other fee arrangement other than
the amount set by the law or regulation, then the amount payable hereunder to said Attorneys shall be
limited to the maximum so allowed by law.
III. APPROVAL NECESSARY FOR SETTLEMENT
3.01 Attorneys are hereby authorized to enter into any and all settlement negotiations on
behalf of City.
3.02 No settlement of any nature shall be made for any of the aforesaid claims of Client
without the complete approval of Client.
1
IV. REPRESENTATIONS
4.01 It is expressly agreed and understood that no promises or guarantees as to the
outcome of the case have been made to Client by Attorneys. Attorneys have not represented to
Client that Client will recover all or any of the funds so desired. Client also acknowledges that
obtaining a judgment does not guarantee that the opposing party will be able to satisfy the
judgment. It is further expressly understood and agreed that no other representations have
bee n m
for those set out in this Agreement.
made to Client, except
V. EXPENSES
5.01 City will reimburse Attorney out of pocket expenses. The expenses include but are not
limited to any and all out of pocket expenses incurred in connection with this case, including
but not limited to the following expenses: filing fees, court costs, certified copies of documents,
pleadings, orders etc., transcripts, depositions, duplication costs, postage, office supplies,
photographs, trial exhibits, long distance phone & fax calls, appraisal fees, consultants, expert
witnesses and other fees associated with preparation and trial testimony, investigation fees, delivery
charges, overnight mail /parcel services, parking, toll road & mileage expenses, out of town expenses
including travel expense, air fare, hotels, meals, and any other expense incurred in connection with
the matter.
5.02 All reasonable expenses incurred by the Attorney in the handling of this project shall
be paid by client as it is billed in monthly billings to client.
VI. COOPERATION OF CLIENT
6.01 Client shall comply with all reasonable requests of Attorneys in connection with the
preparation and presentation of the aforesaid representation.
6.02 Attorneys may, at their option, withdraw from the case and cease to represent Client
for any reason, including without limitation Client's failure to timely pay fees and expenses or
deposits for same in accordance with this Agreement, subject to the professional responsibility
requirements to which attorneys are subject.
6.03 The Attorney may at the sole discretion and expense of the Attorney, employ any
other person or services that the Attorney believes is necessary to help or assist in this legal
representation.
VII. TEXAS LAW TO APPLY
7.01 This Agreement shall be construed under and in accordance with the laws of Texas,
and all obligations of the parties created hereunder are performable in Jefferson County, Texas.
•
VIII. PARTIES BOUND
8.01 This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, legal representatives, successors and assigns
where permitted by this Agreement.
IX. LEGAL CONSTRUCTION
9.01 In case any one or more of the provisions contained in this Agreement shall, for any
reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions thereof and this Agreement shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
X. PRIOR AGREEMENTS SUPERSEDED
10.0 This Agreement constitutes the sole and only Agreement of the parties and supersedes
any prior understandings or written or oral agreement between the parties respecting the within
subject matter.
I certify and acknowledge that I have had the opportunity to read this Agreement. I further
state that City of Port Arthur has voluntarily entered into this Agreement fully aware of its terms and
conditions.
SIGNED on this day of , 2013.
City of Port Arthur
BY:
SIGNED on this to. da y of 1'C b ( v , 2013.
BY: _ L- -AI
Daniel J. Lawto
State Bar No. 01791082
The Lawton Law Firm
701Brazos, Suite 500
Austin, Texas 78701
Tel. (512) 322 -0019
Fax (512) 716 -8917