Ordinance No. 1,725ORDINANCE NO.1725
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
APPROVING THE PROPOSAL OF THE LAW FIRM OF FULBRIGHT &JAWORSKI
DATED OCTOBER 18,1974,A COPY OF SAID AGREEMENT BEING ATTACHED
HERETO AND MADE A PARTHEREOF FOR ALL INTENTS AND PURPOSES,AND
RETAINING SAID FIRM FOR PROFESSIONAL SERVICES TO BE RENDERED IN
THE NEGOTIATIONS AND PROCEEDINGS WITH THE TEXAS WATER DEVELOPMENT
BOARD,THE CITY OF HOUSTON,THE SAN JACINTO RIVERAUTHORITY,AND
OTHER INTERESTED PERSONS TOOBTAIN A SUPPLY OF SURFACE WATER FOR
THE BAYTOWN AREA WATER AUTHORITY AND THE CITY OF BAYTOWN,CON
SISTENT WITH THE TERMS,RATES,AND FEES SET FORTH IN SAID PROPOSAL
AND PROVIDING FORTHE 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 have experts
in the field of water law to represent the Baytown Area Water Authority and the
Cityof Baytown in negotiations to obtain a supply of surface water for the Baytown
Area Water Authority andthe City of Baytown;and
WHEREAS,thelaw firm of Fulbright &Jaworski is noted for its expertise in
the field of water law;and
WHEREAS,the Baytown Area Water Authority and the City Manager have met
with representatives of the law firm of Fulbright &Jaworski and discussed the
possibility of that firm representing the Baytown Area Water Authority and the
City of Baytown in negotiations and proceedings with the Texas Water Development
Board,the City of Houston,the San Jacinto River Authority,and other interested
persons to obtain a supply of surface water for the Baytown Area Water Authority
and the Cityof Baytown;and
WHEREAS,thelaw firm of Fulbright &Jaworski at the request of the Baytown
Area Water Authority Board andthe City Manager has submitted a written proposal of
the terms under which this firm would represent the Baytown Area Water Authority
and the City of Baytown in this regard;NOW THEREFORE,
BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,does
hereby approve the proposal of thelaw firmof Fulbright &Jaworski dated October
18,1974,a copy of which is attached hereto marked Exhibit "A"and made a part
hereof for all intents and purposes,and does hereby retain the said firm to re
present the Baytown Area WaterAuthority and the City of Baytown in negotations
and proceedings with the Texas Water Development Board,the City of Houston,the
San Jacinto River Authority,and other interested persons to obtain a supply of
surface water for the Baytown Area Water Authority and the Cityof Baytown,con
sistent with the terms,rates,and fees contained in the proposal of said firm.
Section 2:Effective Date:This ordinance shall take effect from and after
its passage by the City Council ofthe City of Baytown,Texas.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council of
the City of Baytown this 19th day of December,1974.
TOM GENTRY,Mayor
ATTEST:
(V>
EDNA OLIVER,City Clerk
APPROVED:
-2-
EXHIBIT "A"
FULBRIGHT &CROOKER
BANK OF THE SOUTHWEST BUILDING
HOUSTON,TEXAS 77OO2
TELEPHONE (713)224.7070
CABLE PULBRIOHT HOUSTON -TELEX 79-2829
1140 CONNECTICUT AVE..N.W.
WASHINGTON.D.C 20O3S
TELEPHONE (2C2)223-1168
TELEX 89-2602
S2,LINCOLN'S INN FIELDS
LONDON.WC2A SUE
TELEPHONE (01)409-3208
TELEX 22-738
October 18,1974
PASEO DE LA REFORMA 3SS
MEXICO 8.D.P.
TELEPHONES S-28.S4.0S
8.28.72-68
TELEX 0I7.74S2S
The Honorable Board;of Diroctors
Eaytovn Area Water Authority ,,.v •.-.-.•.—
2401 MarketStreet j .,...
Baytown,Texas 77520
•••-■■■,•......(■•..•"■■;"•
Gentlemen:
Ad a rosult of our prior diacusnionn,we nrp vritingthislettertor.«t.forth thu basis for our compensation forprofessionalservicesrenderedandtoberenderedasBetforth
below.
At the present ti^e,it ie contemplated that or.r
services will involve v.\oetinge with thn r.onrd of nir«cto>-3
of the Daytown Arta Water authority ("AAWA"),representatives
of 3?/.7A,and o£ficiaiu of tho City of »ayfco'-m (the "City")
and advice,consultation;and negotiations and proceedings
to obtain a supply of surface water for TrtVA and the Citv,
v/ith the Te:ca3 \:nhct Devoloywaont Board,the City of Houston,
the San Jacinto Iliver Authority,and othor interested persons.
Therefore,wo understand that we will be retained to represent
BAV'A with reapect to contracting with tho City and issuing r.-v^bond3,including isiuing our market opinion on SAWA honus.
The log.-a services described above will bo .ion-on
a tir-o ch.nrao borj.n for w'»ich records will La I.opt by our
las*fim.The tir.e charge basis vdll be $73 per hour for
time devoted to the work by partners in tho law firm,$60
per hour for tine devoted to the work by attorneys vho are
not partners hut vho hovorore than five years'experience,
and $50 per hour for tirce devoted to'v/or.H by all other
attorneys.Adw.iivLcjttrntive cervic^r,porforrtod by our Adtr.inis-trativo Assistants »)ill be billed at the.rate of $20 par hour,
Tha fivifrjr oxir norvicen in cormnction with thoproceedingsrolatindtothei»jnuancn of siich !-onds by r>A'7A,including our nnrkwt)opinion,will be handled through your'
fiscal and finaii«incr,advisors,and will bo based upon the
usual fees for such services.
The Honorable Board of Directors
October 18,1974
Page 2
■V7
Actual expenses incurred byus for your account,
excluding travel expanses within Harris County,will bereimbursedbyyou,andare not to be considered as apart
of our compensation.!our fees and expenses will be^billed
ivonthly for payrent in accordancewith procedureswnicn are
mutually agreeable.
.
This agreement way be terminated either by you or
by us at any time,ijn which event,of course,we expect tobepaidanycompensationearnedtothedateofauchtermina
tion and to be reinbursed for any expenses which may have
been incurred tothat tine.
We ask that you ratify and affirm the services
which have been rendered prior to this date,wnich include
advice and consultation,and representation before the *exas
Water Development iioard.After tiie passage oftne necessary
authorization bythe Board of Directors of BAWA anathe City
Council of theCity,we ask that a copy of this letter be
executed by the President of the Board or Directors or I,IU*
andby the City Itanager of the City of Baytot/n m tne respectivespacesprovidedbelow,ar.d that a copy of the letterana certi
fied copies of such authorizations be returneu to us tor our £iJ.e,
Very truly yours,
Theforegoing agreement is hereby accepted on be
half of the Bay townArea V/ater Authority,pursuant to autho
rization of the Board of Directors,andthe Eaytovm Area
Water Authority acknowledges and ratifies prior services.
"!BAYTOWH AREA WATER AUTHORITY
Date
By .
,,—president,Hoard of Directors
The foregoing agreement is hereby approved on be
half of the City of Baytown,Texas,pursuant to authorization
of the Mayor and City Council,and the City of Baytovn agrees
to pay all fees and disbursements on behalf of the Dayton
Area Water Authority until suchtime as the Authority hat?
sufficient funds thereior.
CITY OP
By__
City .Manager