2008-001-RES-Approving a legal services agreement with Jim Mathews of Mathews and Freeland, LLPRESOLUTION N0. 2008-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING A LEGAL SERVICES AGREEMENT WITH
JIM MATHEWS OF MATHEWS AND FREELAND, LLP, TO
REPRESENT THE CITY OF PARIS IN DISCUSSIONS AND
NEGOTIATIONS WITH THE CITY OF IRVING ON A
MEMORANDUM OF UNDERSTANDING AND POSSIBLE WATER
SUPPLY AGREEMENT FOR A SUPPLY OF WATER FROM AND
THROUGH LAKE PAT MAYSE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris has been approached by the City of Irving about entering
into negotiations to purchase a raw water supply from the City of Paris by and through the
City's rights in the water at Lake Pay Mayse; and,
WHEREAS, the City of Pans is in need of a water law specialist to assist the City with
discussion and negotiations with the City of Irving on a possible water supply agreement to
provide a raw water supply by and through Lake Pat Mayse; and,
WHEREAS, is deemed to be in the best interest of the City of Paris and its citizens
that a legal services contract substantially in the form attached hereto and incorporated herein
as Exhibit A be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the proposal of Jim Mathews of Mathews and Freeland, LLP for
professional legal services described in Exhibit A attached hereto, be, and the same is hereby
accepted.
Section 3. That the Mayor of the City of Paris, be, and he is hereby authorized and directed
to execute on behalf of the City of Paris the Professional Services Contract in the form of
Exhibit A attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND ADOPTED this 14th day of January, 2008.
~
, . ~ ~ ,rZ
esse Jam Freelen, Mayor
ATTEST: '
, ►
nice Ellis, City lerk
APPROVED AS TO FORM:
W. Kent Mc y ' y Attorney
MATHEWS & I'REELAND, L.L.P.
Jun Mathews ATTORNEYS AT LAW (512) 404a800
: (512) 703-2785
I'AX
Joe I~'reeland 327 Congress Avcnue, Suite 300
P.O. noa 1568
Austin, Tesas 78767-1568
Januaiy 9, 2008
Kent McIlyar
City Attorney
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
Re: City of Paris; Legal Services Contract
Dear Mr. Mcllyer:
This will confirm our agreement that the firm of Mathews & Freeland, L.L.P. will represent
the City of Paris in discussion and negotiations with the City of Irvulg on a memorandum of
understanding and possible water supply agreement providing for a supply of water from and through
Lake Pat Mayse. Our work will be performed under your direct supervision or the supervision of
other persons designated by you. Additionally, we will represent the City of Paris in any other matter
requested, provided we do not have a conflict of interest. Our worlc on this matter will be billed on
an hourly basis as described below.
At the present time our firm has a fee structure ranging up to $280.00 per chargeable hour for
attorneys' services, depending on the individual involved, his or her level of experience and expertise
and the nature of the services provided. Additionally, we utilize briefing clerks, paralegals and ather
support personnel to perform those tasks not requiring the time of an attorney. Briefmg clerk and
paralegal time is billed at an amount not to exceed $75.00 per hour. We will submit all out-of-
pocket expenses incurred for reimbursernent, with a fifteen percent (15%) overhead charge added.
Charges for other services, such as photocopies, fax transmissions and messenger services will be
billed according to the attached schedule. We endeavor to have a statement of services rendered and
expenses incurred by the 20th of each month. Full payment is due on receipt of the statement,
Interest will be charged at the rate of 10% per annum on any balance not paid 60 days after the
statement date.
I will be the account representative and the attorney in charge of our representation. My time
will be Uilled at the rate of $250.00 per hour. From time to time other attorneys with the firm may be
assigned to some aspect of our representation, as appropriate. It is the policy of our firm to review
our fee structure annually. We will notify you in writing prior to implementation of any change in
our fee structure.
EXHIBIT .A
This agreement shall become effective upon our receipt of a countersigned original of this
letter. The agreement may be terminated by you at any time by written notice to us, provided, when
applicable, that pertnission far withdrawal from employinent is granted by the court. Tlvs agreement
may be teniiinated by this firm on fifteen (15) days written notice that we are no longer in a position
to continue representing you in a particular matter for whatever reason, including nonpayinent of fees
and expenses within 30 days of receipt of an invoice.
If this agreement is acceptable to you, please sigii the duplicate original provided herein, and
return it to us for our records. We loolc forward to working with you.
Sincerely, 00
Jim Mathews
JDM/ndh
APPROVED:
(Client Signature)
(Title)
(Printed Name)
SCIIEDULE OF CHARGES
As of Janua.iy 1, 2007
Photocopies $ .20/page
Facsimile (sending oiily) $ 1.00/page
Paralegal services $75.00/hour
Messenger/clerical services $ 10.00/1-iour