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HomeMy WebLinkAboutApplegate Mull & FiferAlan M. Applegate* E-mail: aapplegate~amflawyers.com C. Gregory Filer E-mail: gfifer~amflawyers.com *Also licensed in Kentucky and Florida App legate Mu ll & Fifer Attorneys at Law 131 East Court Avenue, Suite 101 Post Office Box 1418 Jeffersonville, Indiana 47131-1418 Telephone: (812) 284-9499 Facsimile: (812) 282-7199 Keith D. ]Mull E-mail: kmutl~amflawyers.com Of Counsel: Ronald R. Filer June 3, 2005 Hand Delivered Jeffersonville City Council C/o Peggy Wilder, Clerk-Treasurer 501 East Court Avenue City-County Building, Fourth Floor Jeffersonville, Indiana 47130 CO F'Y Re' Engagement letter for services to be provided with respect to proposed annexation. Dear City Council Members' I write as a follow-up to the special City Council meeting held on May 25, 2005, regarding the proposed annexation of unincorporated territory into the City of Jeffersonville.. The Council, as a body, has expressed interest in retaining this firm to render professional legal services regarding this matter. This letter is intended to set forth some of the terms and conditions upon which we would agree to provide such services for review and approval b'y the Council. Scope of Representation As discussed at last evening's meeting, the successful implementation of an annexation first requires the drafting of a detailed fiscal plan in accordance with the provisions of IC 36-4-3- 3.1 and IC 36-4-3-13. IC 36-4-6-24 grants to legislative bodies the authority to hire or contract with attorneys and legal research assistants. We understand that our firm will be primarily responsible for the research and preparation of such draft fiscal plan. Of necessity, we may need to obtain the services of accountants, engineers, or other professionals as subcontractors to our firm in order to properly formulate this document. I believe that these professionals can reasonably be categorized as legal research assistants for the purposes of this representation.. It is agreed that we are authorized to utilize the services of David Blankenbeker for land surveying and description issues, and we shall make recommendations to the Council regarding the need and identity of any other such professionals prior to authorizing any work by them. We shall not ~leff ersonville City Council dune 3, 2005 Page 2 of 4 retain any such professionals, nor obligate the City to pay any expense associated therewith, without the prior consent of the Council. A written statement signed by the Council president, or his designee, shall be deemed sufficient for purposes of evidencing such Council consent. We will include the costs billed by any such professional in our billing to the Council without markup. Fees Our firm shall bill work performed by either Alan Applegate or myself with respect to this representation at the rate of $165.00 per hour. You will not be billed for clerical or secretarial time. We charge in minimum interVals of one-tenth of an hour. Any travel time will be billed at our normal hourly rate. We will also bill you directly for the actual cost of any out- of-pocket expenditures made by our firm, including postage costs and reasonable charges for photocopying. Disclosure of Potential Conflicts This finn has, and currently is, representing clients with various zoning and sanitary sewer service issues before applicable City of Jeffersonville departments and boards. These current representations include, but are not limited to the following: · Perrin Pointe Planned Unit Development zoning approvals/litigation (our client: Cherokee Rivers, LLC). Falcon Crest Subdivision, extension of sanitary sewer service pursuant to existing contract with the City (our client: Robert Lynn Company, Inc.) Potential dispute with respect to Ordinance No. 98-OR-42 pertaining to the require:ment that trucks owned by unrelated third parties be covered when they leave the Atkins Qum'w (our client: Liter's, Inc.). Potential dispute with respect to the City's refusal to accept dedication of stormwater drainage detention facility (our client: Lander and Miller Enterprises, Inc.). It is our position that our representation of clients in the above-referenced matters may be adverse to the interests of the Council and/or the City. However, those matters are substantially different than the requested representation. Also, this firm is not aware of any confidential information that would prohibit our representation of the Council. Thus, we believe that the Council can waive the foregoing conflicts. deffersonville City Council dune 3, 2005 Page 3 of 4 The representation that you have asked us to undertake shall not bar our continued representation of our clients in the above-referenced matters, including any pending or subsequent litigation, nor shall we be prohibited to undertake other zoning or sanitary sewer service representations before the City during the period that the proposed annexation remains under consideration. However, we do agree that we shall not undertake any representation of any new clients seeking recovery of monetary damages against the City during the period that we are providing services to the Council regarding the proposed annexation. Finally, it is agreed that following termination of our representation of the Council regarding this matter, such representation shall not operate as a conflict of interest barring our finn from representing any client in any matter or claim involving the City. Of course, in the event that a situation subsequently develops that we believe to constitute an actual or potential conflict of interest to our representation of the Council regarding this matter, we shall promptly notify you of the same and take the actions that are required by applicable ethical standards. Conclusion If the foregoing provisions' regarding this representation, including without limitation, the terms for payment of fees and costs, meet with your approval, please have at least a majority of the members of the Council countersign the enclosed copy of' this letter and return to our office by mail or fax so that we will have a mutual memorandum of our understanding. If you have any question about the matters we are handling on your behalf, or the fees billed for such matters, please contact me at your earliest convenience. We greatly appreciate the opportunity to be of service regarding this matter, and look forward to working with the Council. CGF/me Cc' To all Council members Mr. Allen Morris Sincerely, APPLEGATE MULL & FIFER C deffersonville City Council June 3, 2005 Page 4 of 4 ACKNOW!~EDGEMENT AND APPROVAL BY CLIENT The undersigned, constituting a majority of the membership of the Jeffersonville City Council, acknowledge receipt of the above-referenced engagement letter for the provision of legal services by the firm of' Applegate Mull & Fifer, and hereby approve the terms set forth therein as of this ..'~2(D day of_ '~--x~-~ ,2005. JEFFERSONVILLE CITY COUNCIL ,, , Councilman ROnald T. Grooms, Presiden .i ~~lpesson Barbara WilsOn "Councilperson C°nnie eii s Councilperson Ed Zastawny ~0'tmcilPerS'0n Keith Fetz ~