Loading...
HomeMy WebLinkAbout45-90 RESOLUTION17 0 9 9 9 H H H ra 222 tTI JUSTIFICATION OF THIS PROJECT OR ITEM DELETED 0 REQUIRING BOARD APPROVAL , A1NO asn ULU° 13041113 0097TE-5-00S-05S IMUNTIN INOODOV OVSZ9-S-00S-OSS N INOCODV 31111 INDOODV IN -YEAR SUPPLEMENTAL BUDGEZREQUEST JIM ROSE 111 Avrrorway armwo carnal courrr *0Vane 31 SANT =MON PAYIETTIVISE ARKANSAS 72701 0101) manses January 17, 1990 Mr. Ernie Lancaster 300 West 15th Street Fayetteville, AR 72701 RE: Statement - N.W. Arkansas Resource Recovery Authority Dear Mr. Lancaster: Enclosed herewith is my statement for legal services from the period December 21, 1989 through January 16, 1990. I am mailing this statement to you in your position as Chairman of the Board of Directors of the Authority and hOpe you will present this to the rest of the Board members as addressed to the entire Board. As I stated to you and the Beard when I appeared before you on December 21st, my fees for representation of the Authority in the Robson lawsuit'and matters related to the lawsuit will be billed on basically a monthly basis at .my usually hourly fee rate of $100 per hour. Please note that the initial research done by me during the first few days after the Boatd hired me as your attorney, concern my reading and digesting of the memos, pleadings and other documents which had already been accomplished prior to December 21st and which were in the hands Of Er. Walter Niblock, as well as the City of Fayetteville custodian of records for the Fayetteville City Counsel. If you or any other Board member have any questions or comments concerning my time spent, the legal work accomplished or any other matter concerning this statement, please do not hesitate to let me know. Sincerely, 6)1?"ItCROse III Enclosure III/pbs 11.02 at- ot 4▪ 1. - - Date 12/21/89 12/22/89 12/23/89 12/26/89 12/27/89 12/27/89 12/28/89 1/03/90 1/06/90 1/09/90 1/10/90 1/11/90 • 1/12/90 1/14/90 1/15/90 1/16/90 Legal Services Performed/Expenses Meeting with Authority; draft, prepare and filing Of Motion to Dismiss and Third Party Complaint Conference w/Walter Niblock & K. Gay; research and reading of file Research & reading of file Research & reading of file Draft, prepare & filing of Affidavit FOI Hearing, Judge 'Butt - Chancery Court Hours Amount 2 hours $200.00 4 hours 3 hours 1 hour $400.00 $300.00 $100.00 1 hour $100.00 3/4 hour Review of McCord T011ing Agreement; review of letter from Springdale News dated 12/27; conference w/W. Niblock & K. Gay 1 hour Conference w/L. Froelich; conference w/S. Davis.; review & filing Return of Service (re: A.G. Edwards) 1/2 hour Research - Nixon Hargrave Report 3 hours Research - FOIA 2 hours Prepare for Fayetteville City Board Emergency Session 2 1/2 hours Appearance before Fayetteville City Board Hearing, Circuit Court (re: Motion to Quash Subpoena) 1 1/4 hours Prepare for Motions Hearing (re: Robson) 75.00 $100.00 $ 50.00 $300.00 $200.00 $250.00 1 hour $100.00 3 1/2 hours Conference w/T. Burke; conference w/W. Niblock & K. Gay; Prepare for Motions Rearing Motions Hearing Copies: 270 @ .20 TOTAL (12/21/89 - 1/16/90) $125.00 $350.00 6 hours $600.00 3 hours $300.00 $ 54.00 $3,604.00 11.03 • JIM ROSE III ATTORNEY SUITE 310 CENTER COURT ROUARE 31 tar Comm roorrrIEVILLIE. ARKANSAS 7E701 lsoi) patron February 15, 1990 Mr. Ernie Lancaster 300 W. 15th Street Fayetteville, AR 72701 RE: Northwest Arkansas Resource Recovery Authority Dear Mr. Lancaster: I have not asked you to call any meetings of the Authority Board of Directors up to this point in time because I did not think there was anything from the legarmaneuvering standpoint to report to the Authority, nor were there any things I needed to get your penis- sion or advice concerning what has been done from the day I was hired up until this point. Additionally, I did not feel that what I have been doing -on behalf of the Authority warranted calling a. meeting to keep you advised, and Charge a fee for attending the meeting and making a report. However, I believe the time has come for the Board to be called for a meeting so I can give everyone an update as to where we stand and what has been going on to this point. • The reason I feel we need to have a meeting at this point is because I expect to receive service of the amended Robson complaint within the next few days, and I would like to be in a position to go over that complaint and advise the Board as to where we stand at this point in time, in view of the new complaint being filed. Since our hearing in Judge AdamCOurt concerning the motions to dismiss and add parties, I have done quite a bit of research concerning our position under the new amended complaint as I expect it to be worded. In addition, 1 have been in close contact with Walter and Kitty as to the various positions of the defendants with respect to new defendants being added to the complaint by order of Judge Adams. I expect, after talking with Larry Froelich, one of the attorneys for Robson, that the amended complaint will be worded differently and present softie new positions on behalf of Robson, because there are other defendantS being added. Also, since the hearings in Judge Adam's Court, the new attorney for the Union National Bank has filed a brief in support of his motion for summary judgment that brings up some different positions and theories which 1 think 1 need to discuss with the Authority. 11.04 Mr. Ernie Lancaster February 15, 1990 Page No I may already be served by the amended petition by the time you get this letter or by the time the Authority Board has a meeting and since we will have twenty (20) days in which to respond to the amended complaint, I want to be ahead of the game by getting a meeting scheduled with the Authority Board as soon as possible. I have also included an updated statement which outlines my time and services from the date of my last statement to the present. I an also enclosing a copy of my last statement so you will have a comprehensive, chronological statement from the date the Board hired me to the present. That way, the Board will be able to ask me any questions concerning my statement at our meeting. We will also need to discuss the means and/or manner in which I am to be paid because as we are all aware, the Authority does not have much of a bank account at this point in time, and although my attorney's fees do not appear to be much when compared with other expenses of this lawsuit, I still need to get paid on a regular basis. I might add that there is a very good, logical reason why my fees are lower than other fees, and that is because I have not had to do the extensive research that the other law firms or attorneys have been required to do in order to properly protect the interests of their clients. As you all know, I was brought in as attorney to the Authority much later than the other attorneys involved and because of that, most of the initial research and preparing for what we are in the middle of at the present time, had already been done by the other law firms. The Authority, as well as myself as your attorney, greatly benefited from all the work they did and I was not required to do the actual in-depth research that they had to do, but merely had to get myself, as I like to put it, "up to speed" by reading, studying and understanding all of the work they had already done. Please let me know when you want to call the meeting and we can all get together at that time to discuss all of the things I have mentioned in this letter. Sincerely, im ose III I/pbs Enclosures 11.05 DATE Legal Services Performed/Expenses 1/23/90 1/23/90 1/27/90 1/30/90 2/05/90 2/08/90 2/09/90 Wash. Co. Review of Review of Circuit Ct.-FOI Hearing Niblock precedent Hirsch precedent FOI Hearing; conf. w/Judge Smith, W. NiblockK. Gay, D. Olive Review of revised precedent Conf. w/L. Froelich Review of Cummings and Hirsch affidavits 2/12/90 Conf. w/K. Gay; review of Union National reply brief; research re; Union National reply brief; ltr to L. Burks Balance from prior statement '(attached) Hours Amount 3 Hours $300.00 1/2 Hour $ 50.00 1/2 Hour $ 50.00 11/2 Hour 1/2 Hour 1/2 Hour 1 Hour 31/2 Hour $150.00 $ 50.00 $ 50.00 $100.00 $350.00 TOTAL: $1100.00 $3604.00 $4704.00 TOTAD DUE: 11.06 • JIM ROSE 111 Arthistrary SKIt zio carnal coir 004./AMIC 31 EAST CCM:Pt FAVETTIVILIS.ARKAUSAIII 72701 WOO 1511.401.8 March 5, 1990 Mr. Ernie Lancaster _300 W. 15th Street Fayetteville, AR. 72701 RE: Northwest Arkansas Resource Recovery Authority Dear Mr. Lancaster: Pursuant to my last letter to you dated February 15, 1990, our follow-up telephone conversation subsequent to my letter, and in anticipation of your settingah meeting of the Authority Board of Directors shortly, I have brought my statement up to date for presentation to the Board. I know the majority of the Authority Board has been very busy with City Board business the last couple of weeks, but as I said in my last letter to you, I Sincerely believe that the Authority Board needs to meet so I :Can bring you up to date on what the statue of the Robson suit is with respect to the Authority. Additionally, it looks like things are starting to "heat up" in the Robson suit and I teed to advise the Autho- rity Board as to where we go from here. Please give me a call as soon as you get this letter so we can discuss getting a meetin set, hopefUlly prior to this coming Friday as I am going to North Carolina for my oldest daughter's wedding and will be flying•out Friday afternoon. 11.07 • DATE LEGAL SERVICES PERFORMED/EXPENSES _ HOURS AMOUNT (Balance forward previously billed - 12/21/89 thru 2/21/90 2/23/90 2/28/90 , 3/01/90 3/02/90 2/12/90) Review of City's Renewed Motion for Protective Order and Memorandum of Law re: motion 1/2 Hour 1 Hour Review of Motion to Intervene and Brief in Support; Motion for Exten- sion of Time; Motion to Withdraw Review of City's Memorandum in Response to Motion to Intervene and Motion to Withdraw; Research re: City's Memo Review of Plaintiff's Supplemental BrieftinlResponse to Motion for Summary Judgment by Union 'National; Research re: Supplenental Brief Research Judgment Response Brief) re: Motion for SUMmary by Union National and to Motion (supplemental 2 Hours 21/2 Hours 31/2 Hours TOTAL DUE: 11.08 $4704.00 50.00 100.00 200.00 250.00 350.00 . $5654.00 RESOLUTION NO. 45-90 A RESOLUTION AUTHORIZING PAYMENT OF LEGAL FEES TO JIM ROSE FOR THE NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $5,098.00. BE IT RESOLVED BY THE 30ARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby authorize payment to Jim Rose in the amount of $5,098.00 for services rendered in the incinerator disengagement lawsuit. A copy of the statment authorized for execution, hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. of $5,098.00 as attached hereto And approves a budget adjustment in the amount more fully,arctAut in the budget adjustment form and made paA.i4erkof., . 4 ' .y20-th, PASSED AND APPROVED :Chit day of March 4 I • 444 APPROVED • • • 13 v : 1041 we 1S\ 'am/ ".". -. 1 P-6 z >4.6 ..... .i-"ATTE§T: y enfaa•-•••-7 . City Gi rkr 1990.