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File #: 20-829    Version: 1 Name:
Type: CONSENT AGENDA Status: Approved
File created: 4/21/2020 In control: City Attorney's Office
On agenda: 5/13/2020 Final action: 5/13/2020
Title: Authorize Supplemental Agreement No. 6 to the professional services contract with Moses, Palmer & Howell, L.L.P., for final payment of legal services rendered in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443 - Not to exceed $11,000.00, from $1,175,000.00 to $1,186,000.00 - Financing: Risk Management Funds
Indexes: 300
Attachments: 1. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY:                     Government Performance and Financial Management

AGENDA DATE:                     May 13, 2020

COUNCIL DISTRICT(S):                     N/A

DEPARTMENT:                     City Attorney’s Office

EXECUTIVE:                     Christopher J. Caso

______________________________________________________________________

SUBJECT

 

title

Authorize Supplemental Agreement No. 6 to the professional services contract with Moses, Palmer & Howell, L.L.P., for final payment of legal services rendered in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443 - Not to exceed $11,000.00, from $1,175,000.00 to $1,186,000.00 - Financing:  Risk Management Funds

 

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BACKGROUND

 

Supplemental Agreement No. 6 will authorize final payment to Moses, Palmer & Howell, L.L.P., for legal services rendered in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443.  Upon final payment, the contract with Moses, Palmer & Howell, L.L.P. will be terminated.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

On June 19, 2013, City Council authorized Supplemental Agreement No. 1 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal advice regarding laws pertaining to mineral rights and potential litigation by Resolution No. 13-1036.

 

City Council was briefed by memorandum regarding this matter on November 9, 2018.

 

On November 14, 2018, City Council authorized Supplemental Agreement No. 2 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal services in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443, by Resolution No. 18-1585.

 

City Council was briefed by memorandum regarding this matter on April 5, 2019.

 

On April 10, 2019, City Council authorized Supplemental Agreement No. 3 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal services in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443, by Resolution No. 19-0487.

 

City Council was briefed by memorandum regarding this matter on November 8, 2019.

 

On November 13, 2019, City Council authorized Supplemental Agreement No. 4 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal services in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443, by Resolution No. 19-1747.

 

City Council was briefed by memorandum regarding this matter on February 7, 2020.

 

On February 12, 2020, City Council authorized Supplemental Agreement No. 5 to the professional services contract with Moses, Palmer & Howell, L.L.P., for additional legal services in the lawsuit styled Trinity East Energy, LLC v. City of Dallas, Texas, Cause No. DC-14-01443, by Resolution No. 20-0256.

 

City Council will be briefed by memorandum regarding this matter on May 8, 2020.

 

FISCAL INFORMATION

 

Fund

FY 2020

FY 2021

Future Years

Risk Management Funds

$11,000.00

$0.00

$0.00

 

Original Contract                     $     50,000.00

Supplemental Agreement No. 1                     $   150,000.00

Supplemental Agreement No. 2                     $   100,000.00

Supplemental Agreement No. 3                     $   275,000.00

Supplemental Agreement No. 4                     $   300,000.00

Supplemental Agreement No. 5                     $   300,000.00

Supplemental Agreement No. 6 (this action)                     $     11,000.00

 

Total                     $1,186,000.00