ORD 1999-07TOWN OF TROPHY CLUB
ORDINANCE NO. 1999-07
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE
APPOINTMENT OF A CITY ATTORNEY; PROVIDING FOR THE APPOINTMENT OF
ASSISTANT CITY ATTORNEY(S); REPEALING PREVIOUS ORDINANCES IN
CONFLICT; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
l • That the TOWN OF TROPHY CLUB shall appoint a city attorney to serve and act on behalf
of the TOWN OF TROPHY CLUB at their direction and in their interest in all matters
requiring legal representation of for the purpose of rendering opinions to the Governing
Body at their request on matters concerning litigation or possible litigation or on matters
which are, in the opinion of the Governing Body, of a legal nature. Further, City Attorney
shall advise Planning and Zoning Comunission, Board of Adjustments, and other city
agencies, boards, commissions, and officers at the request ofthe Governing Body of the City.
The appointment of the City Attorney shall be by majority vote of the Governing Body and
shall be for renewable terms of one year each, beginning with the date of execution of an
employment contract between the City and the City Attorney and the City Attorney shall be
automatically deemed reappointed by operation of law if notice of termination is not given
by either party sixty (50) days prior to the expiration of any term. Either the TOWN OF
TROPHY CLUB, upon a majority vote of the Governing Body may terminate this
appointment during or within a term office or the City Attorney may resign within or during
a term of office pursuant to terms or conditions set out in a contract of employment
negotiated between the City Attorney and the Governing Body or in the absence of such
contract, upon good cause, by providing written notice. W
2. The services of the City Attorney being professional in nature, the level and manner of
compensation paid to the City Attorney shall be determined by contract between the City
Attorney and the TOWN OF TROPHY CLUB. The nature and direction of the legal
representation or services to be performed shall be at the sole discretion of the Governing
Body of the TOWN OF TROPHY CLUB, subject to the requirements of law.
�• The TOWN OF TROPHY CLUB shall appoint an Assistant City Attorney, with the advice
and consent of the City Attorney, whose term shall be concurrent with that of the City
Attorney and shall expire or terminate upon the expiration or termination of the term of
office of the City Attorney unless sooner terminated by the City Attorney pursuant to this
ordinance or the contract for services between the City Attorney and the Governing Body.
The Assistant City Attorney shall serve under the control, supervision and at the pleasure of
the City Attorney and who shall, under the direction of the City Attorney or in the event of
the absence of the City Attorney or should the City Attorney otherwise be unable, act in the
same capacity and for the same purposes as the City Attorney. All services by said assistant
City Attorney shall also be pursuant to contract or as provided herein,
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4. Accordingly, and in furtherance of the provisions stated above, the TOWN OF TROPHY
CLUB does hereby appoint Richard D. Hayes to serve as City Attorney for the TOWN OF
TROPHY CLUB and his term of office shall commence immediately.
5. Accordingly, and in furtherance of the provisions stated above, the TOWN OF TROPHY
CLUB does hereby appoint Tiffany L. Haertling, Dan C. Coffey, Byron R. Berry, Randy W.
Stout, Don R. White, Jr., Paige D. Scherr and Steve S. Posten to serve as Assistant City
Attorneys for the TOWN OF TROPHY CLUB and their term of office shall commence
immediately.
6. If any section, paragraph, subdivision, clause, or phrase, or provision of this ordinance shall
be held invalid or unconstitutional, the same shall not affect validity of this ordinance as a
whole, or any part or provision thereof, other that the part so decided to be invalid or
unconstitutional.
7. All ordinances in conflict with any of the provisions of this ordinance are hereby repealed
insofar as the same are in conflict with the provisions hereof.
8. The caption of this ordinance shall be published according to law in a newspaper of general
circulation published in or serving the TOWN OF TROPHY CLUB, TEXAS and. shall be
effective immediately upon its passage and such publication.
9. The Mayor Pro -Tem is hereby authorized to execute the contract for legal services between
the TOWN OF TROPHY CLUB and Hayes, Coffey and Berry, P.C.
PASSED AND APPROVED THIS 20thDAY OF April 1999.
Mayorto-Tem�Mar
hall ngelbeck
TOWN OF TROPHY CLUB, Texas
AT EST
T wn�laanager, Donna K. Welsh
THIS the 20th day of April 1999;
a
City 4N-�
y
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AGREEMENT FOR LEGAL REPRESENTATION
THIS AGREEMENT made and entered into this 20th day of April 1999
between the TOWN OF TROPHY CLUB, Denton County, Texas, hereinafter referred to as the "Client",
and HAYES, COFFEY & BERRY, P.C., by and through its duly authorized and designated counsel,
Richard D. Hayes, hereinafter referred to as the "Attorney".
WHEREAS, the Client is a duly organized general law municipal corporation engaged in the
administration of a municipality and related services and desires the services, advice, and consultation of
Attorney concerning the conduct of that business and related matters; and,
WHEREAS, Hayes, Coffey & Berry, P.C., a Texas professional corporation, acting by and through
its duly authorized and designated attorneys duly licensed to practice law in the State of Texas and various
federal courts, inter alia, desires to render professional services for the Client as provided herein;
NOW THEREFORE, the "Client" hereby engages the services of the "Attorney", and in
consideration of the mutual promises herein contained, the parties hereto agree and understand as follows:
I.
DESIGNATION OF ATTORNEY. Client and Attorney hereby agree that the following
individual attorneys are to be designated and are hereby duly appointed as set out herein, in the capacity
as attorney for Client:
Richard D. Hayes - City Attorney
Tiffany L. Haertling - Assistant City Attorney
Don R. White - Assistant City Attorney
Paige D. Scherr - Assistant City Attorney
Steven S. Poston - Assistant City Attorney
Dan C. Coffey - Assistant City Attorney
AGREEMENT FOR LEGAL REPRESENTATION - PAGE 1
Randy W. Stout - Assistant City Attorney
Byron R. Berry - Assistant City Attorney
Client and Attorney mutually agree and understand that other individual attorneys may be
substituted and appointed by the City Attorney herein from time to time on prior consent of the Client or
mutual agreement of the parties hereto.
iI.
SERVICES OF ATTORNEY.
(a) The Attorney will advise the Client and the Client's employees in the regular conduct of the
Client's governmental, quasi -governmental, and proprietary activities, if any, by telephone
and office conferences, both at the Client's facilities and at the Attorney's office, and the
Attorney will prepare and/or review any correspondence or documents reasonably
necessary and incidental to those consultations.
(b) The Attorney will prepare and conduct such appearances, hearings, conferences, and other
proceedings as are appropriate to the advancement of the Client's interests, including
attendance at meetings of City Council, Planning and Zoning Commission, Board of
Adjustment hearings, and Municipal Court sessions as set out elsewhere herein, all such
services to be rendered according to the fee schedule set out in Paragraph III hereof at the
hourly compensation referenced therein.
(c) Services of the Attorney in connection with litigation or adversary proceedings in any
Court or before any administrative agencies brought by or against Client, shall be provided
at the hourly compensation set out in Paragraph III hereof, and shall be conducted and
pursued from time to time as requested by the City Council by majority vote or other
delegation of authority by said Council. Maximum use shall be made of paralegal time in
all matters where appropriate in an effort to control costs to Client.
AGREEMENT FOR LEGAL REPRESENTA'nON - PAGE 2
COMPENSATION. For the services described in paragraph 11 hereof and/or set out elsewhere
herein, the Client agrees to pay the Attorney the sum of $110.00 per hour for any attorney who has been
licensed for less than two years, the sum of $125.00 per hour for any attorney who has been licensed for
more than two years and the sum of $175.00 per hour for any shareholder of Hayes, Coffey & Berry. The
Client agrees to pay $60.00 per hour for legal assistant time rendered.
Client acknowledges responsibility and agrees to pay Attorney for out-of-pocket expenses paid on
Client's behalf including but not limited to court costs, depositions, long distance telephone expense with
regard to calls made to points outside Attorney's metro service (said service includes Trophy Club, Flower
Mound, Roanoke, Southlake, Denton and the Dallas / Ft. Worth Metroplex), mail, teleconferencing, travel,
telefax at $.50 per page and other miscellaneous items of expense and agrees to reimburse Attorney for any
such expenditures upon receipt of an itemized statement.
IV.
DEVOTION OF TIME. The Attorney shall make himself available for consultation pursuant
hereto with the CIient at reasonable times upon reasonable notice at the request of the Client. Further, the
Attorney agrees to dedicate sufficient time, within a reasonable period of time after Client's request for a
particular service, in both Attorney and support staff time, to properly and efficiently handle matters
entrusted by the Client to the Attorney.
V.
TERM. This Agreement shall be effective on April 20, 1999, and shall continue in effect
until April 20, 2000, for the initial term only. Thereafter, this Agreement shall be extended from year to
year provided, however, that this agreement may be canceled by either party hereto at any time during the
initial or any renewal term hereof, upon a sixty (60) day advance written notice to the other party. Further,
amendments of any type or adjustments in services or compensation shall not be implemented or effective
AGREEMENT FOR LEGAL REPRESENTATION - PAGE 3
upon less than sixty (60) days advance written notice and to be effective not less than one (1) year
following any preceding amendment or adjustment.
M
NOTICES. The Client shall send any and all notices to the attorney's office at P.O. Box 50149,
Denton, Texas 76206, and the Attorney shall send any and all notices to the Client's office at 100
Municipal Drive Trophy CIub, Texas 76262, unless and until either parry shall notify the other of a
difference address.
M1
CO -COUNSEL. It is agreed and understood that Co -Counsel may be retained upon any terms
mutually agreeable to both parties hereto at any time that it appears to be necessary or beneficial to the
interest of the Client herein. Further, the Attorney herein agrees to use due diligence and best efforts in
Zn
the process of locating and screening said Co -Counsel and recommending said Co -Counsel to Client herein
if or when said Co -Counsel participation is deemed proper or advisable by the Attorney,
GOVERNING LAW. The validity of the Agreement and of any of its terms or provision,
as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas.
Further, all obligations of all parties under this Agreement shall be performable and deemed entirely
performed and all compensation and expenses earned and payable in Denton County, Texas regardless of
where said services are actually rendered or payments actually made or received.
AUTHORITY. The undersigned officers and agents of the Parties hereto are the properly
authorized officials and have been granted the necessary authority to execute this Agreement on behalf of
the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions extending said
AGREENIENT FOR LEGAL REPRESENTATION - PAGE 4
authority have been duly passed and are now in full force and effect, and the Attorney certifies that the
individual duly licensed attorneys whose services are contracted are actually associated with the Iaw firm
and notice will be provided to Client immediately of any personnel change affecting this Agreement.
EXECUTED at Trophy Club, Denton County, Texas on the day and year first written above.
ATTORNEY
HAYES, COFFEY & BERRY, P.C.
CLIENT
TOWN OF TROPHY CLUB, TEXAS
By: Aa L-,
ATTO % MARSHALL ENGELBECK, MAYOR PRO TEM
CHARD D. HAYES I)ONINA K. WELSH
DESIGNATED ATTORNEY
AGREEMENT FOR LEGAL REPRESENTATION - PAGE 5
TOWN MANAGER