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Home My WebLink About102-90 RESOLUTION• • 1 • RESOLUTION NO. 102_90 • A RESOLUTION AUTHORIZING PAYMENT TO MCDERMOTT, WILL & EMERY LAW FIRM FOR THE PERIOD OF MAY 15 THROUGH JUNE 15, 1990 FOR LEGAL SERVICES RENDERED ON THE INCINERATOR PROJECT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby authorize payment in the amount of $26,647.43 to the McDermott, Will & Emery Law Firm for legal services rendered on the incinerator project from May 15 through June 15, 1990. A copy of the statement is attached hereto and made a part hereof. PASSED AND APPROVED this 3rd day of July .x?i«ii:frfrl rte ,ATTEST: •,• By: r - a APPROVED: , 1990. BY: U% FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS • DEPARTMENTAL CORRESPONDENCE TO: FROM: DATE: SUBJECT: Fayetteville City Board of]Directors Scott C. Linebaugh, City Manager l7' • June 18, 1990 Request for Payment of Attorney's Fees Concerning Incinerator Disengagement Attached to this memorandum, you will find a May 15th through June 30th 1989 statement for services rendered by McDermott, Will and Emery concerning the incinerator disengagement. Apparently this statement was lost in the mail and it has never been presented to the Board for payment. Our staff has checked this statement for any possible duplication --- with one exception, none has been found. The duplication found was dated 05/08/89, wherein Mr. Ingoldsby held a conference with Mr. Feldman for .25 minutes. The cost of this duplication is $50.00; therefore, the total for this statement is $26,647.43 • As you are aware, the estimated figure given to the Board was $500,000 for attorney's fees to defend the City in the lawsuit with Mr. Robson if we are successful on the first level. Including this statement, we have paid law firms $438,491.43 for defending the City. Mr. Jerry Rose or I will be glad to get any further information or answer any questions you may have concerning this issue. SCL/kaf' attachment:fees 75 STATE STREET BOSTON. MASSACHUSETTS 02109 617/345.5000 III WEST MONROE STREET CHICAGO. ILLINOIS 60603 312/372•2000 2029 CENTURY PARK EAST LOS ANGELES. CALIFORNIA 90067 2131277.4110 MCDERMOTT, WILL & EMERY A PARTNERSNIP INCLUDING PROFESSIONAL CORPORATIONS 1850 K STREET, N.W. WASHINGTON, D.C. 20006-2296 202/8878000 FACSIMILE 2021776.8087 TELEX 904261 MIL AM WASH May 4, 1990 Mr. Scott C. Linebaugh Acting City Manager City of Fayetteville, Arkansas 113 West Mountain Fayetteville, Arkansas 72701 - Re: April Billing Statement Dear Scott: 2O1 SOUTH BISCAYNE BOULEVARD MIAMI. FLORIDA 33131 3051358.3500 1301 DOVE STREET NEWPORT BEACH, CALIFORNIA 92660 7141651.0633 445 PARK AVENUE NEW YORK, NEW YORK 10022 212/3717000 Pursuant to our telephone conversation today, enclose is a copy of the above -referenced matter. Sincerely yours, Thomas M. Ingoldsby Enclosure 2999n ReeW d� 05- 0-1 _q TM IDENTIFICATION P40. 36-1453176 • Fpm 157 REV $ T LAW OFFICES OF MCDERMOTT, WILL & EMERY 1850 K STREET, N.W. SUITE 500 WASHINGTON, D.C. 20006 - 2296 202/887.8000 City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 ATTN: James L. Pennington STATEMENT GENERAL DATE: July 26, 1989 PLEASE RETURN REMITTANCE COPY WITH YOUR PAYMENT. NO RECEIPT WILL BE FUR- NISHED UNLESS SPECIFICALLY REOUESTED. CLIENT / MATTER NO.: 24442-10 For Professional Services Rendered on May 8, 1989 and between May 15, 1989 and June 30, 1989 as set forth in the attached billing memorandum $24,371.25 Charges and Disbursements $2.326.18 37772 TOTAL THIS STATEMENT $26.697.43 • ATTORNEY FILE • • McDermott, Will & Emery Suite 500 1850 K Street, B.W. Washington, D.C. 20006 202-887-8000 Client: 24442 City of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 ATTR: James L. Pennington For Legal Services Rendered in Connection With: Matter: 10 General Matter 05/08/89 T. Ingoldaby 05/16/89 J. Simon July 24, 1989 • • 9.50 Review ability of taxpayers to sue to enjoin repayment of bonds under Arkansas law. Review statutes and case law dealing with personal liability for members of the board of directors. 05/16/89 T. Ingoldsby .25 Call S. Pflaum. 05/16/89 S..Pflaum 05/17/89 T. Ingoldsby 05/17/89 S. Pflaum 05/17/89 J. Simon • . 25 Telephone conference with T. Ingoldsby regarding assignment; telephone conference with J Simon regarding same. . 25 Call S. Pflaum. . 25 Telephone conference with T. Ingoldsby. 8.50 Review Joint County and Municipal Solid Waste Disposal Act. Review authority outside of Arkansas regarding personal liability of directors for unauthorized acts. • 05/18/89 T. Ingoldsby 1.00 Call J. Pennington and S. Linebaugh. 05/18/89 J. Simon 05/18/89 S. Pflaum • 6.75 Research on authority of municipal corporations under Arkansas law. Research on ultra vires acts by municipal boards of directors. Research on wastefulness of public funds and liability and recourse for such acts. 3.25 Conference with J. Simon regarding assignment; research regarding individual officials liability for 10b-5 claims. 05/19/89 S. Pflaum .25 Research regarding immunity issue. 05/19/89 J. Simon 7.25 Research on tort immunity of municipal agents. Research on director personal liability under state law and Arkansas statutes. Research on tax payer injunctive relief under Arkansas statutes. Reviewed Arkansas constitution. 05/20/89 S. Pflaum 1.00 Research regarding 10b-5 immunity issues. 05/21/89 S. Pflaum .50 Research regarding 10D-5 immunity issue. 05/22/89 C. Cheung 05/22/89 S. Pflaum 1.00 Review Legislative history of 1975 Amendments to Security Exchange Act 1934 on Section 3(a)(a). 8.00 Research regarding 10b-5 immunity issue; conference with J. Simon regarding state -law individual liability issues; telephone conference with T. Ingoldsby and J. Simon regarding legal issues and assignments; conference with C. Cheung regarding legal research regarding legislative history of 1975 amendments to the Exchange Act. • • • 05/22/89 T. Ingoldsby 05/22/89 J. Simon 05/23/89 C. Cheung 05/23/89 D. Higgins 05/23/89 T.Ingoldsby 05/23/89 J. Simon 05/23/89 S. Pflaum 05/23/89 L. Covotaoa 05/23/89 S. Jump 3 1.00 Conference call with S. Pflaum and with J. Simon regarding securities liability. 9.50 Research on tort immunity of municipal officers and agents under Arkansas law..Research on injunctive relief available to tax payers under Arkansas code. Research on ability of municipality to make a compromise payment of a claim against it. Meeting with S. Pflaum and T. Ingoldsby regarding' director personal liability. under both federal and state law. 7.25 Legislative history of 1975 Amendment of the Securities and Exchange Act on the matter of personal liability of public official. .25 Researched cases for Steve Pflaum. 2.50 Draft letter to City regarding waste disposal agreement and City authorization of agreement. 9.25 Research on municipal director's personal liability for Ultra Vires Acta under the laws of states other than Arkansas. Research on municipal director's tort liability and immunity for torts under Arkansas Law. Research on municipalities' ability to settle and compromise claims made against it. Research on Arkansas statutory injunctive releif available to taxpayers. 5.75 Research regarding 10b-5 immunity issue. .50 .Legislative history of PL94-29 for Chi Chueng. 1.00 Researched cases for Steve Pflaum. 05/24/89 C. Cheung 05/24/89 S. Pflaum 05/24/89 J. Simon 05/25/89 C. Cheung 05/25/89 S. Pflaum 4 11.75 Legislative history of 1975 Amendments to the Securities and Exchange Acts of 1934. The issue being the liability of public official under 10(b)5. 7.75 Research regarding government official I unity from 10b-5 claims; review draft of memorandum from J. Simon regarding immunity under Arkansas law; conference with J. Simon regarding same; conference with C. Cheung regarding research regarding legislative history; draft memorandum regarding immunities issues. 10.25 Drafted and revised sections of memorandum dealing with: director's personal liability for ultra vires acts; tort immunity; The City's ability to compromise claims; and taxpayer injunctive relief: Additional Research. 2.50 Legislative history of the 25th Amendment to Securities and Exchange Act of 19 34. Issue liability of public official under 10(b)5. 8.50 Draft memorandum regarding immunities issues; conference with C. Cheung regarding legislative history of official immunity under federal securities laws; review memorandum from C. Cheung regarding same; review memorandum from J. Simon regarding Arkansas lav immunities issues; telephone conference with T. Ingoldsby regarding status and results of research. 05/25/89 T. Ingoldsby 1.00 Call S. Pflaum. • 05/25/89. J. Simon • 5.75 Research on injunctive relief available to taxpayers under the. Arkansas Constitution. Research on immunity for municipal directors sued in both their official and individual capacities. 05/26/89 S. Pflaum 05/26/89 T. Ingoldsby 05/26/89. J. Simon 05/27/89 S. Pflaum 05/29/89 S. Pflaum 05/29/89 T. Ingoldsby 05/29/89 T. Ingoldsby 05/29/89 T. Ingoldsby 05/29/89 J. Simon 05/30/89 S. Pflaum • - 5 6.50 Revise memorandum regarding Directors' individual liability; conference with J. Simon regarding same; telephone conference with T. Ingoldsby regarding same. 1.00 Call S. Pflaum. 8.50 Research on immunity of directors for intentional torte. Research on immunity of directors for negligent acts. Research on the standard of negligence applicable to hold the directors liable for their negligent acts; confer with S. Pflaum. 2.00 Review memorandum regarding individual liability of City and Authority Directors. 1.00 Revise memorandum regarding individual liability of City and Authority Directors; call T. Ingoldsby. 1.00 Call with S. Pflaum. 1.00 Review draft of memo on liability under securities lay. 4.50 Review memo on liability under securities lay. 3.50 Research on municipal directors' personal liability for torts committed within the scope of their authority; Research on municipalities ability to settle and compromise claims made against it. 4.75 Conferences with J. Simon regarding standard of liability for causes of action based on alleged improvident acts of public officials; revise memorandum regarding individual liability of City and Authority Directors; telephone conference with T. Ingoldsby and J. Simon regarding same and regarding strategy. • 05/30/89 T. Ingoldsby 05/30/89 J. Simon 05/31/89 J. Simon 06/01/89 J. Simon 06/01/89 S. Pflaum - 6 2.50 Review memo; call S. Pflaum. 2.75 Research on personal liability of municipal directors for negligence under the law of Arkansas and other states. Research on meaning of "corrupt intent" under Arkansas law to aid in interpreting statute on. Authority Director's liability. Confer with S. Pflaum. 1.00 Drafted section of memorandum dealing with director personal liability for acts of negligence. 2.75 Research on director personal liability for negligence under Arkansas law; Research on personal liability of directors of the Authority under Joint Municipal and County Solid Waste Act; confer with S. Pflaum. . 50 Conference with J. Simon regarding standard of liability for public officials' improvident acts; review memorandum regarding same. 06/02/89 S. Pflaum 2.75 Revise memorandum regarding individual directors' liability. 06/05/89 S. Pflaum . 75 Review of correspondence and materials regarding offering memoranda; revise memorandum regarding Directors' liability. 06/06/89 C. Francis 4.25 Cite check, quote check and locate missing page cites in memorandum. 06/06/89 S. Pflaum 1.75 Review materials from T. Ingoldsby regarding reoffering memorandum; conference with C. Frances regarding auto -cite check on legal memorandum regarding Directors' individual liability; revise same. • J - 7 06/07/89 S. Pflaum .75 Final revision of memorandum regarding Directors' individual liability; telephone conference with J. Simon regarding same; conference with C. Francis regarding same. 06/07/89 T. Ingoldsby .25 Call from L. Heater. 06/08/89 S. Pflaum .25 Final revision of memorandum regarding Directors' liability. 06/12/89 T. Ingoldsby .25 Call A. Hyland. 06/12/89 T. Ingoldsby 06/13/89 T. Ingoldsby 06/13/89 T. Ingoldsby 06/14/89 T. Ingoldsby 06/14/89 T. Ingoldsby . 50 Call L. Heater and Bond Investors Association. . 75 Call with J. Pennington and S. Linebaugh. 1.00 Prepare for call regarding presentation to Chamber of Commerce committee; call J. Pennington and S. Linebaugh. . 50 Call S. Linebaugh. 1.25 Draft and revise explanation of effect of bond default. 06/15/89 T. Ingoldsby .50 Call from S. Linebaugh. Disbursements 06/01/89 D.C. Express Delivery 06/13/89 I. Ingoldsby - Long Distance 06/19/89 J75B 4/26-28/89 Mtg w/ client Toll calls for Washington Toll calls for Chicago Xerox -Chicago Xerox -Washington -- Chicago Lexie ---- Washington Lexis Total Hours 191.50 Total For Services $24.,371.25 90.25 36.96 824.66 14.44 2.20 96.00 160.60 1,034.39 66.68 • • *** COMBINED TOTALS *** • 37772 - 8 Disbursements -Total Total This Statement $2,326.18 $24,371.25 Total Hours 191.50 Combined Total for.•Services, all Matters $24,371.25 Combined Total for Disbursements, all Matters $2,326.18 Combined Total this Statement, all Matters $26,697.43 • •