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Home My WebLink AboutR2002-049FILE REFERENCE FORM [ R2002-049 ] Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials First Amendment to Letter Agreement (original is attached) 10/16/03 A RESOLUTION AUTHORIZING THE CITY OF DENTON TO PARTICIPATE IN THE COALITION OF CITIES ON POLICE POWERJPREEMPTION ISSUES 1N MATTERS CONCERNING PROCEEDINGS BEFORE THE PUBLIC UTILITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, seventeen cities have formed a "Coalition of Cities on Police Power/Preemption Issues" ("Coalition"), and have hired Clarence A. West, Attorney at Law, in matters concerning proceedings before the Public Utility Commission, ("PUC"), involving compensation and preemption of municipal police powers as to management of the rights-of- way; WHEREAS, the municipality of Denton, Texas, (hereinafter called "City") is a regulatory authority having a duty to participate in such proceedings and whose citizens will be substantially affected by the orders established as a result of such proceedings; and WHEREAS, The City of Denton has filed written comments in proceedings before the PUC and desires to have further written comments in upcoming proceeding in participation with the Coalition; and WHEREAS, it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Public Utility Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes Clarence A. West, Attorney at Law to represent the City in matters concerning proceedings before the Public Utility Commission, ("PUC"), involving compensation and preemption of municipal police powers as to management of the rights-of-way as referenced in Exhibit A attached hereto and incorporated by reference herein. SECTION 2. That all of the declarations and the findings contained in the preamble to this resolution are made a part hereof and shall be fully effective as a part of the resolved subject matter of this resolution. SECTION 3. and approval. PASSED AND APPROVED thisthe ¢~'~ day of //~('/,~ EUL1NE BROCK, MAYOR That this resolution shall become effective immediately upon its passage 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 3 CLARENCE A. WEST Counselor and Attorney at Law 1201 RIO GRANDE, SUITE 200 AUSTIN, TEXAS 78701 www. cawestlaw, com Direct Dial: 512.499.8838 Fax: 512.322.0884 cawest@cawestlaw, com September 10, 2002 EXHIBIT A Mr. Michael A. Conduff City Manager City of Denton 215 East McKinney Denton, Texas 76201 Re~Letter Agreement for Representation concerning proceedings before the Public Utility Commission ("PUC") involving Compensation and Preemption of Municipal Police Powers as to Management of Public fights-of-way; and access line fee payment claim against Verizon Dear Mr. Conduff, This Letter Agreement executed this the 10th day of September, 2002 between the City of Denton, Texas, a municipal corporation ("CITY") and Clarence A. West, Attorney at Law CONSULTANT"). This Letter Agreement sets forth the mutual understand'rog ofthe parties of the legal services to be provided CITY by CONSULTANT on the various legal issues that the CITY has concerning the proceedings before the PUC and the access line fee payment claim against Verizon. This Letter Agreement also describes the basis on which CONSULTANT will be paid. CONSULTANT will provide services for CITY as follows: CONSULTANT will represent the CITY, as one of the Cities in the "Coalition of Cities on Police Power/Preemption Issues" ("Cities"), in matters conceming proceedings before the PUC involving compensation and preemption of municipal police powers as to management of the fights-of-way. Prior to CONSULTANT'S representation, the CITY shall pass a resolution authorizing the CITY to join the Cities authorizing CONSULTANT to perform the following services: Monitor and review filings and pleadings before the PUC concerning compensation and preemption of police powers as to management of the public rights-of-way and Chapter 283 ofthe Local Gov. Code ("HB 1777"). Prepare and file responsive pleadings on behalf of Cities with the PUC on the preemption issue or other HB 1777 related matters. Mr. Michael Conduff 09/10/02 Page 2 of 2 Review and recommend any particular changes or revisions to individual cities regulations or ordinances, to the extent required by the PUC proceedings. Brief city officials by way of email as to the PUC proceedings, or individually, as requested by a City. In addition to the services listed above, CONSULTANT shall perform legal services in connection with the Verizon access line fee claim. As directed and in consultation with the City, CONSULTANT will review the pending access line fee underpayment claim that the City has against Verizon and will verify the proper amount due and recommend to the City a reasonable settlement. If a settlement is reached, CONSULTANT will assist in the documentation of the settlement. The scope of CONSULTANT's services may be changed fzom time to time by mutual agreement. This Letter Agreement shall commence on the date it is executed, and will be concluded at the time that the scope of services has been completed, unless sooner terminated in accordance with this Letter Agreement. Either party may terminate this agreement at any time, upon ten (10) days prior notice in writing, sent by certified mail, remm receipt requested at the addresses given below: CITY CONSULTANT City of Denton ATTN: Michael A Conduff, City Manager 215 E. McKinney Denton, Texas 76201 Clarence A. West, Attorney 1201 Rio Grande, Suite 200 Austin, Texas 78701 512.499.8838 Fax: 512.322.0884 cawest~cawestlaw.com CITY will pay the CONSULTANT a retainer for legal services performed in accordance with the hourly billing rates set forth herein provided, however, that all bills for legal services, including all costs and out-of-pocket expenses whatsoever shall not exceed Four Thousand Dollars 4,000.00) for services performed for CITY. CONSULTANT shall deposit the $4,000.00 into CONSULTANT'S trust account and will bill against it. Any fees remaining at the end of the Letter Agreement shall be returned to CITY. Further, bills shall be subject to review and approval of the City Manager and, if the City Manager so determines, the City Attorney. Consistent with what had been done in the past with the Coalition of Cities, CONSULTANT will maintain a detailed billing memo on all hours worked on matters that are generally applicable to all Cities and bill each City its proportionate equal share of those fees. There are now seventeen (17) cities and Denton would be the 18th. Each City shall receive a detailed billing memo. To the extent any particular City has a unique issue, such as the Verizon claim as detailed above, which is relevant to that City alone and which services have been specifically requested by that City, that City would be billed individually for those services. Mr. Michael Conduff 09/10/02 Page 3 of 3 CONSULTANT'S current hourly billing rate to the Coalition to $260.00 per hour, subject to annual adjustments in the event the proceedings exceed twelve months. Nothing herein shall require CITY to pay for services, which it determines are not within the scope of services set forth herein. In the event CITY terminates CONSULTANT's services, it shall pay for all services satisfactorily performed up to the date CONSULTANT receives the notice oftermination. CONSULTANT will start its representation of CITY upon CITY's signing this letter and returning it along with the retainer. 1N WITNESS WHEREOF, the pmies have executed this agreement in duplicate copies, each of which shall be deemed to be an original of equal force and effect. By executing this Letter Agreement, the parties represent the person signing same has the authority to execute the docment in the capacity shown on the document. DATE: CITY OF DENTON, TEXAS I'~CHAEL A. CONDIJ?F, d~'IANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: & ]~[_~J'&" APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CLARENCE A. WEST DATE: C:~Documents and Settings\CA West~.ocal Settings\Temporary lntemct Filcs\OLK28\Clarence West First Amendment.doc STATE OF TEXAS COUNTY OF DENTON FIRST AMENDMENT TO LETTER AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS FIRST AMENDMENT TO THAT AGREEMENT made and entered into the 8th day of October, 2002 ("Base Agreement") by and between Clarence A. West, Attorney at Law, 1201 Rio Grande, Suite 200, Austin, Texas 78701 hereinafter referred to as "Consultant", and the City of Denton, Texas, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City." WITNESSETH. SECTION 1. The Base Agreement is hereby amended to read as follows: Compensation and Method of Payment: For legal services performed in accordance with the hourly billing rates set forth herein provided, however, that all bills for legal services, including all costs and out-of-pocket expenses whatsoever shall not exceed Four Thousand Dollars 4,000.00), for services performed for the City. SECTION 2. That save and except as amended hereby, all the remaining sections, paragraphs, sentences, clauses, and phrases of the Base Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City of Denton, Texas has caused this First Amendment to be executed by its duly autho, n'~e~t, City Manager4 an~t Consultant has executed in three original counterparts on this the /~"~ day of (_~~ ., 2003. ATTEST: JENNIFER WALTERS, CITY SECRETARY By= ~/~/~~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CONSULTANT: CLARENCE A. WEST, ATTORNEY Page 2