CM-04-07-004ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
July 9, 2004
Clarence A. West
1201 Rio Grande, Suite 200
Austin, Texas 78701
Dear Mr. West,
Attached is a signed original agreement as discussed with Will Hampton and J.
Kay Gayle.
If you have any questions, please give me a call at 512-218-5410.
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56
Monique Adams
Administrative Assistant
City of Round Rock
Mayor
Nyle Maxwell
Mayor Pro -tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pitt
Scot Knight
Scott Rhode
Gary Coe
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664
Phone: 5¢.z!8.5400 - Fax: 512.218.7097 - www.ci.round-rock_tx.us
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Request for City Council/City Manager Action CV4fainat
LI
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval. SCI -1
Department: Administration Project Manager/Resource: Will Hampton
Contact Person: Will Hampton
Project Name: Time Warner Franchise Renewal
ContractorNendor Name: Clarence West
Amount: Not to exceed $10,000
Agenda Wording:
Finance Approval
Is Funding Required? Yes
X
Council Meeting Date:
Funding Source:
Assigned Attorney:
ct iu m::gt
General Fund
Steve Sheets
(contract, agreement,amendment,change order, purchase order,etc.)
Non
❑ Initial Construction Contract
❑ Construction Contract Amendment #
❑ Change Order
P1 Change in Quantity
in Unforeseen Circumstances
X❑ Initial Professional Services Agreement
❑ Supplemental Professional Svcs. Agr.
❑ Purchasing/Service Agreement
❑ Purchase Order
Item(s) to be purchased:
Amount
$260/hour not to exceed $10,000
❑ Other (Please clearly identify action on lines below)
Council Agenda Item
X❑Submission to City Manager - (see required signatures below before submission to the
City Manager.)
t A
Finance -Date and Signature: ,t�x 1111 LiA r1191 j' (�
Purchasing -Date and Signature: V
For Submission to City Manager On
Project Mgr. Signature:
Dept. Director Signature:
Assigned Attorney Signature:
City Attorney Signature:
City Manager Signature:
Date: /(/by
Date:
Date:
Date: 7/8/0 y
Date:
* Legal Approval pproval is required for all items requesting City Manager's approval.
g/cmartinez/CMgr-Council Action.xls
CLARENCE A. WEST
Counselor and Attorney at Law
1201 RIO GRANDE, SUITE 200
AUSTIN, TEXAS 78701
www.cawestlaw.com
July 7, 2004
Mr. Steve Sheets
City Attorney
City of Round Rock
309 East Main Street
Round Rock, TX 78664-5246
Direct Dial: 512.499.8838
Fax: 512.322.0884
cawest@cawestlaw.com
RE: Representation concerning negotiations with Time Warner Cable as to a cable television
franchise
Dear Steve,
I welcome the opportunity to represent the City of Round Rock ("City"), in its negotiations with
Time Warner on a Cable Television Franchise. Key elements in such a negotiation are:
Applicability of the Federal Cable Act provisions (47 USC Sec. 521, et seq.) as to term of the
agreement, compensation for use of the rights-of-way , definition of "gross revenue", number of
Public, Educational and Governmental Access Channels ("PEG"), capital support for such PEG
Channels, and customer service standards . My representation would consist of the following:
1. Meet with the City and devise a common strategy as to the negotiations.
2. Review the City's current cable franchise and related documents to the extent
required by the negotiations.
3. Prepare a draft franchise and/or review and revise a the currently negotiated draft
franchise and other related matters, as directed by City.
4. Meet and negotiate with Time Wamer as directed by the City.
5. Brief city officials by way of email as to the negotiations or individually, as
requested by a City.
I will maintain a detailed billing memo on all hours worked on matters and bill monthly. My
current hourly billing rate is $260.00 per hour (subject to annual adjustments in the event the
proceedings exceed twelve months) The amount billed to your City will not exceed the amount
of $10,000.00 without further authorization.
I have executed one copy of this letter for your records. If this representation is acceptable, I
would very much appreciate it if you would return the duplicate copy of this letter with a
signature of the appropriate City official acknowledging that this is an acceptable approach for
my representation to me either by mail or fax.
If you have any questions, please do not hesitate to contact me at my (new) direct telephone
number 512.499.8838 or via email at cawest@cawestlaw.com.
Sincerely,
By:
Clarence A. West
Return to Clarence A. West:
Such Representation As Described Above Is Approved for the City: