Ord 1950 5/22/1961 ORDINANCE NO. /47q1-27
AN ORDINANCE EMPLOYING SPECIAL LEGAL COUNSEL;
MAKING AN APPROPRIATION TO PAY THE COST THERE-
.
OF; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS:
1. That the law firm of Vinson, Elkins, Weems & Searls,
Houston, Texas, is hereby employed to perform the legal services
for the City of Wichita Falls, and upon the terms and conditions,
set forth in the law firm' s letter dated May 5, 1961, a true copy
of which is attached hereto and made a part of this ordinance as
though fully written herein;
2 . That there is hereby appropriated and set aside out
of current funds on hand to the credit of the Water Department
the sum of Seven Thousand Five Hundred ($7,500) Dollars, or so
much thereof as may be needed, to pay the City's obligation arising
under such employment, to be disbursed as provided in Section 106
of the City Charter;
3. That the fact the City of Wichita Falls is now using
water at a rate which approximates the total dependable supply of
potable water available to the City and its citizens and that there
is an urgent public need to proceed promptly to obtain additional
water 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. 2 y
PASSED AND APPROVED this day of May, 1961.
ATTEST: `<_
)2 f=---e - - Mayor
' City Clerk
APPROVED AS TO FORM this day of May, 1961.
) 111,
City n
May 5, 1961
Air Mail - Special Delivery
Honorable Mayor and City Council
City of Wichita Falls, Texas
City Auditorium
Wichita Falls, Texas
Gentlemen:
In keeping with your request that we submit a basis for our
employment by the City of Wichita Falls, Texas, in connection with
the City's pending application before the Board of Water Engineers
of Texas (Board), we submit the following:
( ), g
1. We will render all legal services required in obtaining
a setting and fixing a date for hearing the City's application for
approval of a water project at the Halsell site, supervise the
giving of the required notices of hearing, prepare the City's case
for presentation to the Board, represent the City at such hearing
and represent the City's interests in the preparation of any per-
mit which may be issued by the Board, all in full cooperation with
the Mayor, City Council, City Manager, City Attorney and the
City' s consulting engineers.
2. As full and complete compensation for such services, the
City will pay us the sum of Five Thousand Dollars ($5,000), which
will cover all such services up to, and including, not to exceed
a total of five days of hearings before the Board and negotiations
in regard to the terms of such permit; provided that if such hear-
ings and negotiations require more than five days, we will be
paid a per diem of $200 for each such day (eight (8) hours) in ex-
cess of five days.
3. We will be reimbursed our actual and reasonable out-of-
pocket expenses such as travel and subsistence while away from
Houston on City business, telephone and telegraph, and cash sums
advanced by us for notices, copies of records, data and other
information required in the discharge of our duties to the City,
all of which shall be subject to the City Manager's determination
that they are reasonable .
4. All sums due us shall be payable on or before the last day
of the City' s current fiscal year and shall be payable out of budg-
eted sums now in the City treasury or reasonably expected to be
received into the treasury during the current fiscal year, for
which due provision shall be made at the time our employment is
approved by the City Council.
• .
If the foregoing is satisfactory to you, please so advise
and send us a certified copy of the City Council's proceedings
providing for our employment and we will proceed at once with
our duties.
The writer enjoyed his visit with you last Wednesday and
appreciates the courtesies you extended to him.
Yours very truly,
VINSON, ELKINS, WEEMS & SEARLS
/s/ Victor W. Bouldin
By
52 :241A Victor W. Bouldin
cc - City Manager C. J. Gregg
City Attorney Frank Gibson or H. P. Hodge