ORDER N0.'c7554
AP'P'ROVAL AMENDING KERRVILLE SOUTH
CONSTRUCTION FUND PUDGET
On this the 13th day of May 2G0~_, upon motion made by
Commissioner Williams, seconded by Commissioner^ Baldwin, the
Court unanimously approved by a vote of 4-Q-0, amending the
Kerrville Sa~_~th construction f~_ind budget to provide f~.tnding
not to exceed 86,2~tQ~ for attor^ney's fees to develop the
regional wastewater treatment contr^act between U. G. R. A. and
the City of Kerrville, with any ~.~n~_ised funds to be r^etur^ned to
the constr~.iction fund.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2
MEETING DATE: May 13, 2002 TIME PREFERRED:
SUBJECT: (Please be specific) Consider and discuss amending Kerrville South Construction
Fund Budget to provide funding not to exceed $6,200 for attorney fees to develop draft, revised
and final drafts of the Regional Wastwater Treatment Contract between UGRA and the City of
Kerrville. Any unused funds to be returned to Construction Fund.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON(S) ADDRESSING THE COURT: Bill Williams, Commissioner, Pct. 2,
Jim Brown, UGRA.
ESTIMATED LENGTH OF PRESENTATION: 5 minutes.
IF PERSONNEL MATTER-NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's Formal consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes toward your request being addressed
at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
`>~'weF-
LAW OFFI('.ES
MCGINNI5, LOCHI3IDGE 8c KILGOI3E, L.L.P.
1300 CAPITOL CENTER
HOUSTON, TE%AS OFFICE
3200 ONE HOUSTON CENTER
1221 MCNINNEV STREET
ROUSTON, TEAS »010
(n3( 615-8500
FA% (>13) 615 8565
919 CONGRESS AVENUE
AUSTIN, TEXAS ]B]OI
.lone I3, 2002
4U STI N, TEXAS OFFICE
(92) a95-i'i000
FAX (512) a95~6093
WRITERS DIRECT DIAL NUMBER:
(512)495-6061
emccarthy(~~mcginnislaw.com
Fax: (512)505-6361
Honorable Fred Henneke
Kerr County Judge
Kerr County Commissioner's Court
700 Main Street
Kemilie, Texas 78028
Re: Engagement of MLK to assist in Development of a Wholesale Wastewater Treatment
Agreement with the City of Kerrville, Texas
Dear Judge Henneke:
I am writing to thank you for the opportunity to assist the County in developing a
Wholesale Wastewater Treatment Agreement with the City of Kemille, Texas, and to con£rm
our understanding of the terms of our engagement by and representation of the County. We
understand that after reviewing the Firm's qualifications that the Commissioner's Court has
selected our Firm in an open meeting to represent the County in the negotiation of a Wholesale
Wastewater Treatment Agreement with the City of Kerrville, Texas. We understand that our
representation will include assisting the County in its negotiations with the City and review,
preparation and/or counseling of the County in the preparation of the contract. We also
understand that we will be coordinating some of our efforts on behalf of the County with the
Upper Guadalupe River Authority ("UGRA") as the County's agent.
I will be the principal attorney in our fine working on the project. As is our customary
practice, we will bill on an hourly rate subject to the understanding that our fees (inclusive of
out-of-pocket expenses) will not exceed $6200.00. My standard hourly rate is $275.00 per hour.
However, I will be billing the County at the discounted rate of $245.00 per hour, which is the
rate at which I invoice the UGRA. Additionally, to keep costs to a minimum I will, as
appropriate, use other billing personnel, including legal assistants to obtain the most efficient
economical results for you and the Project. We will also bill for out-of-pocket expenses incurred
in connection with the representation including matters such as filing fees, copying charges,
postage and delivery services, and long distance telephone calls.
Our bills will be submitted in a format that includes a diary reflecting services rendered
on a daily basis, as well as tabulation by category of expenses incurred. We will send our
invoices to your offices and would appreciate your assistance in facilitating their prompt
payment.
Honorable Fred Henneke
June 13, 2002
Page 2
Finally, I wanted to confirm the County's understanding of our historic and ongoing
representation of the Upper Guadalupe River Authority ("UGRA"). Specifically, we understand
that the County is aware of our ongoing representation of UGRA on a variety of matters,
including water and wastewater issues unrelated to this specific project. Additionally, we
understand that the County realizes that we hope to continue our relationship with UGRA, which
may include representation of UGRA in the future, including matters that may from time to time
be adverse to the County. hm the instance where the County's interests may be adverse to
UGRA, we would be authorized to represent UGRA so long as our representation of the County
in this matter did not make us privy to information that would be detrimental to the County in the
future representation of UGRA.
I believe that the foregoing summarizes the terms of our representation. If you concur
with the matters outlined herein, I would appreciate your executing the Acknowledgement helow
on the enclosed duplicate original of this letter and returning it to me for my files.
Again, on behalf of the Firm and myself 1 wish to thank you and the Commissioners for
the opportunity to work with the County on this project. Please fee] free to direct any questions
regarding the matters outlined herein, or any future billing questions to me. I can be reached at
(512) 495-6061.
ERM
ACKNOWLEDGEMENT & ACCEPTANCE
On behalf of Kerr County, pursuant to authority granted in an open and duly posted
meeting of the Kerrr County Commissioner's Court held on May _, 2002, I hereby
acknowledge and accept the terms and conditions of representation by McGinnis.
Lochridge & Kilgore L.L.P. outlined above.
red Hen to ce, County Judge