RES NO 03-07-1997 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 3 7 -1997
A RESOLUTION AUTHORIZING THE HIRING OF THE LAW FIRM OF' ZACHARY
DAVID WILSON, P.A. TO ASSIST TIIE CITY OF VAN BUREN, ARKANSAS IN
ONGOING LEGAL PROCEEDINGS AND TO AUTHORIZE TIIE PAYMENT OF
LEGAL FEES ASSOCIATED WITH SUCH REPRESENTATION; AND FOR OTHER
PURPOSES.
I i
WHEREAS, The City of Van I3uren, Arkansas (City) is
presently involved in litigation with Arkansas
Oklahoma Gas Company associated with that
company's obligation to pay franchise fees to the
City; and
WHEREAS, The law firm of Zachary David Wilson, P.A. is
experienced in state and federal utility matters
and the City would benefit from employing the law
firm of Zachary David Wilson, P.A. to assist the
City in its ongoing franchise fee dispute with
Arkansas Oklahoma Gas Company; and
WHEREAS, The City Council of the City of Van Buren,
Arkansas has determined that the law firm of
Zachary David Wilson, P.A. should be retained to
provide legal services for the City with regard to
the ongoing franchise fee dispute between the
City and Arkansas Oklahoma Gas Company.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION 1: That the Mayor is hereby authorized to employ the
law firm of Zachary David Wilson, P.A. to provide
certain legal services to the City of Van Buren,
Arkansas which are described in the above
referenced proposal and associated with the
ongoing franchise fee dispute between the City
and Arkansas Oklahoma Gas Company.
SECTION 2: An amount not to exceed the sum of $5,000.00 is
hereby appropriated for payment of legal and
professional services to the law firm of Zachary
David Wilson P.A. to be paid in accordance with the
above referenced proposal and billed at the
following rate:
Zachary David Wilson $125.00 per hour
Brian C. Donahue $90.00 per hour
tj
plus costs, in connection with the representation
of the City by the law firm of Zachary David Wilson
P.A. associated with the ongoing franchise fee
dispute between the City and Arkansas Oklahoma
Gas Company.
PASSED AND APPROVED THIS 17TH DAY OIL MARCH 1997.
MAYOR 4
ATTESTED:
CITYII lASURER
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03/05/1997 16:36 _1.5013764491 ZACHARY D WILSON PAGE 02
LA w OFFICE OF
ZACHARY DAVID WILSON, P.A.
321 NORTH MAPLE STREET
NORTH LITTLE ROCK, ARKANSAS 72114
MAILING ADDRESS TELEPHONE
POST OFFICE BOX 5578 (501) 376 -4090
NORTH LITTLE ROCK. ARKANSAS 72119 FAX DIRECT DIAL
(501) 376 -4491
ZACHARY D, WILSON TOLL -FREE NUMBER
BRIAN C. DONAHUE (800) 659-9818
E -MAIL ADDRESS
March 5, 1997 ZDWPA CEI. NET
1 1 1
VIA FAX 501 471 -5010
Mr. Steven Peer
City Attomey
City Hall
Van Buren, Arkansas 72956
RE: Statement of Qualifications /Proposal
Dear Mr. Peer;
Thank you for your telephone call yesterday. Per our discussion, please
consider this letter to be a statement of qualifications and proposal to provide
the City of Van Buren, Arkansas' (City) with certain legal services In its ongoing
franchise fee dispute with the natural gas supplier providing retail service to the
City, This letter also contains a summary of this firm's billing procedures.
Statement of Qualifications
I am an associate attorney with the Law Firm of Zachary David Wilson,
P.A. The firm has considerable experience representing Arkansas municipal
corporations in utility related matters, This experience includes both
administrative law and litigation involving wholesale power contracts and
actions before the Federal Energy I4egulatory Commission for the wholesale
customers of Entergy Arkansas, Inc.
Additionally, as an associate attorney with the Law Firm of Zachary David
Wilson, P.A., I have participated in the representation of various municipalities
In matters other than wholesale power rates and contracts, These include:
City of Benton. Arkansas water rate litigation, administrative
proceedings under the Federal Clean Water Act, landfill use
agreement, and formation of Saline County Solid Waste
Management District;
03/05/1997 16:36 ZACHARY D WILSON PAGE 04
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Letter to Mr. Steven Peer
March 5, 1997
Page 3
billing statements showing activities on the City's behalf will be provided.
Payments are due -by- the_ fifteenth -of each month.
Proposal
As you described in our telephone conversation, trial in this matter is
scheduled to begin March 18, 1997. Based on this fact, 1 would propose to
review the case file and advise you within seven days of receipt of the case file
and retainer whether there are any other issues (federal or state utility laws or
regulations) which could or should be raised in this matter. Additionally,, if you
consider It appropriate, .1 would be happy to assist with drafting any necessary
briefs and at trial. Due to the stage of this litigation, I do not propose to act as
lead counsel for the C ity in this matter but would rather provide all reasonable
support to you as the City's counsel of record.
It you have any questions concerning this letter, please do not hesitate to
contact me.
Very truly yours,
Brian C. Donahue
BCD:pf
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2 Employment of thel Firm o Zacha Davld Wilson; P.A. would be required to b att.'
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03/05/1997. 16: 36"7h5013764491 ZACHARY D WILSON PAGE 03
0
Letter to Mr. Steven Peer
March 5, 1997
Page 2
City of Clarksville. Arkansas cable television franchise, water
rate_ litigation,_ utility _facility_acquisition,_and hazardous waste
cleanup;
City of Conway, Arkansas water supply agreement, retail
industrial contracts, Federal labor regulation compliance, power
plant ownership and operating contracts;
City of North Little Rock. Arkansas power supply acquisition,
hydro electric power plant contract administration, retail power
sates agreements, facility acquisition;
City of Osceola. Arkansas retail industrial contracts, power plant
ownership and operating contracts; and
City of West Memphis. Arkansas cogeneration projects, retail
industrial contract, power plant ownership and operating contracts.
The following are_this firm's proposed hourly rates' for service:
Zachary David Wilson $125.00 per hour
Brian C: Donahue $90.00 per hour
-Word Processing $25.00 per hour
Photocopies :!17 cents per page
5 Fax 50 cents_ per page
Postage t= tit Cost.
Telephone Expense Actual Cost
Federaltxpress Charges Actual Cost
Travel Expense Actual Cost
Other Costs .Actual Cost
I would ask for a Five Thousand Dollar ($5,000.00) retainer to be applied
agalnst`actual billings Any excess'retainerFwould be nonrefundable. Monthly
s 1 The proposal contemplates servicesby either ortboth:Brian Donahue and Zachary David
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