Ordinance No. 6,266n
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ORDINANCE NO. 6266
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A LETTER
AGREEMENT CONTRACTING WITH SEWELL & RIGGS, A
PROFESSIONAL CORPORATION, TO REPRESENT THE CITY OF
BAYTOWN IN THE LOUIS MARTINEZ V. CITY OF BAYTOWN
LAWSUIT, CAUSE NO. 90- 44184; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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 authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to a Letter Agreement
contracting with Sewell & Riggs, A Professional Corporation, to
represent the City of Baytown in the Louis • Martinez v. City of
Baytown lawsuit, Cause No. 90- 44184. A copy of said agreement
is attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 11th day of June,
1992.
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ATTEST:
ILEEN P. , City Clerk
ACIO RAMIREZ, ., City Attorney
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RAMON G. VIADA, III
(7131652-81387
SEWELL & RIGGS
A PROFESSIONAL CORPORATION
333 CLAY AVENUE
SUITE 800
HOUSTON, TEXAS 77002-4086
June 5, 1992
Re: Cause No. 90- 044184; Louis Martinez
v. City of Baytown; In the 127th
Judicial District Court of Harris
County, Texas;
Our File No. 88740/177
BY TELECOPY & REGULAR MAIL
Mr. Ignacio Ramirez
City Attorney
City of Baytown, Texas
P.O. Box 424
2401 Market Street
Baytown, Texas 775020
Dear Ignacio:
TELEPHONE 17131652-8700
TELECOPIER (713) 652 -8808
TELEX 77 -5564
Please accept this letter as an agreement for professional services between
Sewell & Riggs, A Professional Corporation, and the City of Baytown, Texas to retain
Sewell & Riggs to represent the City in the case styled Louis Martinez v. City of
Baytown, No. 90- 044184, in the 127th Judicial District Court of Harris County, Texas.
It is agreed that the fees for professional services will be charged by Sewell &
Riggs on an hourly basis and will therefore take into account the amount of time
consumed and the level of experience of persons performing the services described and
will be no higher than fees charged to others for similar work. As a professional
courtesy to the City, we have agreed that to perform our work for the City on this case
on the same basis that we have rendered services to the Texas Municipal League, that
is, the City will be charged our customary hourly rate for attorneys and staff whose rates
are less than $105 per hour and will be charged 85% of our customary billing rate for
any attorneys with rates in excess of $105 per hour. All of the firm's rates are subject
to adjustment from time to time and may be increased during the course of your
representation. Should it be necessary to incur substantial out -of- pocket expenses on
behalf of the City, such as paying of an expert witness, for depositions or for significant
EXHl6h A
Mr. Ignacio Ramirez
June 5, 1992
Page 2
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filing fees, we will forward statements for such expenses to you with a request that they
be paid directly. Other miscellaneous expenses that are incurred on your behalf will be
itemized on the periodic statements you will receive from the firm.
Harvey Brown and I will be principally responsible for handling this matter on
behalf of the City and we may be assisted from time to time by others in the firm. As
is our customary practice, Sewell & Riggs will bill the City on a monthly basis and
provide an itemized statement detailing services rendered on its behalf on a daily basis.
Our fees will be computed principally on the basis of time expended at the hourly rates
fixed from time to time for the lawyers rendering services, but may be adjusted on
occasion to account for factors such as the unusual value of certain services, issuance
of formal opinions, the emergency nature of any work performed and the consequent
necessity that work of other clients be deferred or other engagements declined.
During the course of our representation we will provide the City Attorney and
any other representative you designate with copies of all important pleadings or
correspondence that we prepare on behalf of the City and I will continue to keep you
advised of any new developments. If you prefer that we follow some other reporting
format, please let me know and we will be happy to do so.
As I have explained to you, this case is nearly ready for trial. We anticipate The
trial of this case will probably last ten days to three weeks. Two lawyers, Harvey Brown
and I, will likely be present at ' trial. We might be assisted by a paralegal. Based on
these assumptions, we anticipate additional attorney's fees ranging from $30,000 to
$60,000 to bring this matter to resolution. We have not included in this estimate the
costs of an appeal should one be necessary.
This professional services agreement may be terminated by either the City or by
Sewell & Riggs by written notice to Sewell & Riggs or to the City Attorney or his
designee. The City agrees to pay all fees and expenses to the date of termination, but
not to exceed the amount allocated to this contract by City Council.
Should the foregoing be acceptable to you, please sign both copies of this letter
and return one copy to Sewell & Riggs.
We appreciate the City's confidence in allowing us to be of service. If you have
any questions or if we can be of any additional assistance at thL time, please do not
hesitate to contact us. We look forward to working with you.
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Mr. Ignacio Ramirez
June 5, 1992
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Enclosure
ACCEPTED:
By:-
Title:
_.
Date: 1, J 2 - 9 Z _ .
ATTESTED:
Eileen P. Hall
City Clerk
Very truly yours,
SEWELL & RIGGS
A Professional Corporation
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G. Viada, Ell