Ordinance No. 1,322ORDINANCE NO. 1322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE PROPOSAL OF THE HONORABLE J. WILEY CALDWELL OF
THE LAW FIRM OF FULBRIGHT, CROOKER & JAWORSKI DATED DECEMBER
19, 1972, ATTACHED HERETO AND MADE A PART HEREOF, AND RETAINING
SAID FIRM FOR PROFESSIONAL SERVICES TO BE RENDERED IN THE FOR-
MATION OF A BAYTOWN AREA WATER AUTHORITY, CONSISTENT WITH THE
TERMS, RATES, AND FEES SET FORTH IN SAID PROPOSAL AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown, Texas, deems that it
would be in the best interest of the citizens of the Baytown area to create
an area -wide authority to manage the purchase and distribution of surface water;
and
WHEREAS, in order to accomplish this end it would be necessary to secure
services of special legal counsel with an expertise in the area of water law;
and
WHEREAS, the J. Wiley Caldwell is a noted expert in the field of water
law; and
WHEREAS, the City Manager and members of the City Council have met with
J. Wiley Caldwell, partner in the law firm of Fulbright, Crooker & Jaworski
and discussed with him the possibility of that firm representing the City of
Baytown; and
WHEREAS, the said J. Wiley Caldwell at the request of the City Manager
has submitted a written proposal of the terms under which he would represent
the City of Baytown in this regard; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas hereby
approves the proposal of the Honorable J. Wiley Caldwell, partner in the law
firm of Fulbright, Crooker & Jaworski, dated December 19, 1972, a copy of which
is attached hereto marked Exhibit "A" and made a part hereof for all intents
and purposes, and hereby retains the said firm to represent the City of Baytown,
Texas, in connection with drafting and obtaining passage of legislation creating
a Baytown area water authority, the organization and qualification of a Board
of Directors thereof, and with negotiations and legal proceedings necessary
to obtain a supply of surface water for a Baytown area water authority, consistent
with the terms, rates and fees contained in the proposal of the said, J. Wiley
Caldwell.
Section 2: Effective Date: This ordinance shall take effect from and
after its passage by the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council
on this 21st day of December 1972.
C. GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
NEEL RICHARDSON, City Attorney
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EXHIBIT "A"
WASHINGTON OFFICE
1140 CONNECTICUT AVE., N. W.
WASHINGTON. D. C. 20036
TELEPHONE 1202) 223 -1166
J.WILEY CALDWELL
PARTNER
FULBRIGHT, CROOKER & .JAWORSKI
BANK OF THE SOUTHWEST BUILDING
HOUSTON, TEXAS 77002
TELEPHONE (713) 224 -7070
CABLE FULBRIGHT HOUSTON -TELEX 7B -2$29
December 19, 1972
City of Baytown
2401 Market Street
Baytown, Texas 77520
Attention: Mr. Fritz Lanham
City Manager
Gentlemen:
MEXICO CITY OFFICE
PASCO DE LA REFORMA 355
MEXICO S. D. F
5-29 -54 -OS
TELEPHONE GN
5-28- 712 -SB
TELEX: 017 -74529
As a result of our prior discussions, you have
asked us to write this letter to set forth the basis for
our compensation for professional legal services rendered
and to be rendered as set forth below.
At the present time, it is contemplated that our
services will involve meetings with the Mayor and City Council,
the City Manager and the City Attorney, and the Legislative
delegation for the area, in connection with the drafting and
assistance in passage of legislation creating the Baytown
Area Water Authority (BAWA); thereafter, the organization and
qualification of a Board of Directors for the Baytown Area
Water Authority and the initial organizational proceedings
thereof; thereafter, proceedings relating to the issuance of
revenue bonds; and contemporaneously with the foregoing services,
negotiations and proceedings to obtain a supply of surface water
for BAWA.
The legal services described above (except for pro-
ceedings relating to the issuance of revenue bonds, including
our market opinion) will be done on a time charge basis for
which records will be kept by our law firm. The time charge
basis will be $75 per hour for time devoted to the work by
partners in the law firm, $60 per hour for time devoted to
the work by attorneys with more than five years' experience,
and $50 per hour for time devoted to the work by all other
attorneys. Administrative services performed by our Adminis-
trative Assistants will be billed at the rate of $15 per hour.
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City of Baytown
- December 19, 1972
Page 2
The fee for our services in connection with the proceedings
relating to the issuance of revenue bonds, including our
market opinion, will be handled through your fiscal and
financial advisors, and will be based upon the usual fees for
such services.
Actual expenses incurred by us for your account,
excluding travel expenses within Harris County, will be reim-
bursed by you, and are not to be considered as a part of our
Compensation. Our fees and expenses will be billed monthly
for payment in accordance with procedures which are mutually
agreeable.
This agreement 'may be terminated either by you or
by-us at any time, in which event, of course, we expect to be
paid any compensation earned to the date of such termination,
and to be reimbursed for any expenses which may have been in-
curred to that time.
We ask that you ratify and confirm the services which
have -been rendered prior to this date, which include advice,
consultation, and the preliminary drafting of legislation.
After the passage of the necessary authorization by the Mayor
and.City Council, we ask that a copy of this letter be executed
by- the.City Manager in the space provided below, and that a
copy -of the letter and a certified copy of the authorization
bd- returned to us for our file.
-very truly yours,
'RC :ot
The foregoing is hereby accepted on behalf of the
City -of- Baytown, Texas, pursuant to authorization of the
Mayor and City Council, and the City of Baytown acknowledges
and .ratifies prior services. - - - - -
- CITY OF AYT
By
r'tz nham, City Manager