Ord 2011 1/14/1963 ORDINANCE NO. 2011
AN ORDINANCE APPROVING CONTRACT FOR SPECIAL
EMPLOYMENT OF LEGAL COUNSEL; MAKING AN
APPROPRIATION TO PAY THE COST THEREOF; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS:
1. That the attached form of Agreement employing the
law firm of Vinson, Elkins, Weems & Searls, Houston, Texas, to
perform legal services in connection with Cause No. 127, 817,
styled Glenn Halsell, et al. , v. Texas Water Commission, et al. ,
now pending in the 126th District Court of Travis County,
Texas, be and the same is hereby approved, and the City Manager
is authorized and directed to execute same for and on behalf
of the City of Wichita Falls;
2. That there is hereby appropriated and set aside
out of current funds on hand to the credit of the Water Depart-
ment the sum of S6,000, or so much thereof as may be needed,
to pay the City's obligation arising under said contract, to
be disbursed as provided in Section 106 of the City Charter;
3 . That the fact that there is an urgent need to dis-
pose of such litigation in order that the City may proceed
promptly to provide an additional water supply to the City and
its inhabitants for the preservation of peace, health and the
safety of property, creates an emergency demanding that the
rule requiring ordinances to be read at three separate meetings
be suspended and that this ordinance be effective from and
after its passage, and IT IS SO ORDAINED.
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PASSED AND APPROVED this R/4 day of January, 1963 .
4
Ma or
ATTEST:
City Clerk
Approved as to form this
,44/t day of January, 1963 .
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City At/ 11- ry
ATTORNEYS ' EMPLOYMENT CONTRACT
THE STATE OF TEXAS §
COUNTY OF WICHITA §
This Agreement by and between the City of Wichita Falls,
Texas, a municipal corporation (hereinafter called "City") , and
the law firm of Vinson, Elkins, Weems & Searls, Houston, Texas
(hereinafter called "Attorneys') ,
W I T N E S S E T H:
1. The City hereby employs Attorneys to assist, and
cooperate with, the City Attorney in filing an intervention on
behalf of the City in Cause No. 127, 817, styled Glenn Halsell,
et al. , v. Texas Water Commission, et al. , now pending in the
126th District Court of Travis County, Texas, and in the trial
and appeal, if any, of said cause. The Attorneys agree faith-
fully to represent the City in said cause and to perform such
legal services in connection with the trial and appeal, if any,
thereof as the City Attorney and Attorneys shall deem to be for
the best interests of the City.
2. As full and complete compensation and reimbursement
for such services, the City agrees to pay to Attorneys a re-
tainer of 52,000 and a per diem of S200 for each day (eight
hours) spent away from the City of Houston by Attorneys in the
preparation and trial of said cause in the trial court. In
the event the cause is appealed, such 5200 per diem shall apply
to all work done by Attorneys in connection with the appeal,
including work done in the office of Attorneys in the City of
Houston. In addition, Attorneys shall be reimbursed for actual
f
out-of-pocket expenses incurred by them in the performance of
their duties hereunder, including such items as telephone,
telegraph, travel and subsistence away from Houston, the rea-
sonableness of which shall be subject to the approval of the
City Manager on behalf of the City.
3. All sums due Attorneys hereunder shall be payable
solely out of revenues and funds of the City's Water Department
and the retainer and further sums accruing during the current
fiscal year shall be payable on or before the last day of such
current fiscal year. Sums due Attorneys accruing thereafter
shall be due and payable on or before the last day of the fis-
cal year in which incurred.
EXECUTED this day of January, 1963.
CITY OF WICHITA FALLS, TEXAS
By
City Manager
ATTEST:
City Clerk
VINSON, ELKINS, WEEMS & SEARLS
By
Partner
Approved as to form this
day of January, 1963.
City Attorney