CM-05-05-086Request for City Council/City Manager Action
City Council v City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Legal
Contact Person: Shelley Gonzales/Rose McMillin
Project
Manager/Resource:
Project Coordinator:
Assigned Attorney:
Steve Sheets
Council or
City Manager
Agenda Date: 6 -May -05
Blue Sheet Wording
Project Name: Representation re Time Warner Cable
Contractor/Vendor: Clarence A. West
Funding Source:
Amount:
$260 per hour
Consider authorizing the City Manager to execute letter of representation with Clarence A. West conceming negotiations with Time Wamer Cable as to a cable television franchise --
Amendment to prior authorization of July 9, 2004.
Finance Information
Is Funding Required? Di Yes nj No
Finance Approval
EJFinance
❑ Finance
❑ Purchasing
EJBudget
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased -
Other (Please clearly identify action on lines below)
Letter of Representation
Date
Date
Date
Date
Amount
For Submission to Citv Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature. Date:
City Attorney Signature`: Date: J. d,
City Manager Signature:
Date: 6 • w
Updated 3-9-05
Approval is required for all items requesting City Manager's approval.
Request for City Council/City Manager Action
ni City Council I'. City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Legal
Contact Person: Shelley Gonzales/Rose McMillin
Project
Manager/Resource:
Project Coordinator:
Assigned Attorney: Steve Sheets
Council or
City Manager
Agenda Date: 6 -May -05
Blue Sheet Wording
Project Name: Representation re Time Wamer Cable
ContractorNendor: Clarence A. West
Funding Source:
Amount:
$260 per hour
Consider authorizing the City Manager to execute letter of representation with Clarence A. West conceming negotiations with Time Wamer Cable as to a cable television franchise —
Amendment to prior authorization of July 9, 2004.
Finance Information
Is Funding Required? Yes 10 No
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
xx Other (Please clearly identify action on lines below) $260 per hour
Finance Approval
O Finance
Finance
J Purchasing
Ei Budget
Letter of Representation
n/a L. Olsen
E. Wilson
Date
Date
Date
Date
5/4/2005
5/3/2005
For Submission to City Manager Only
Project Mgr. Signature: Date:
Dept. Director Signature. Date:
City Attorney Signature*: Date:
City Manager Signature: Date:
Legal Approval is required for all items requesting City Manager's approval.
Updated 3-9-05
DATE:
SUBJECT:
ITEM:
CITY MANAGER BLUE SHEET FORMAT
May 3, 2005
City Manager Approval
Consider authorizing the City Manager to execute letter of
representation with Clarence A. West concerning negotiations
with Time Warner Cable as to a cable television franchise --
Amendment to prior authorization of July 9, 2004.
Department: Legal
Staff Person: Steve Sheets
Justification: Continued representation in final negotiations with Time
Warner on the renewal Cable Television Franchise.
Funding:
Cost:
Billing rate at $260.00 per hour; Not to exceed $10,000 above
the initial authorization of July 7, 2004 letter.
Source of funds:
Background Information:
Updated 3-10-05
CLARENCE A. WEST
Counselor and Attorney at Law
1201 RIO GRANDE, SUITE 200
AUSTIN, TEXAS 78701
www.cawestlaw.com
April 28, 2005
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 -Amendment to prior authorization of July 9, 2004
Dear Steve,
This letter is to supplement and amend that letter of July 7, 2004 from Clarence West to Steve
Sheets and signed July 9, 2004 by the City Manger ("July 7, 2004 letter"). I welcome the
opportunity to continue to represent the City of Round Rock ("City"), in its final negotiations
with Time Warner on the renewal Cable Television Franchise. As you are aware the 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 continued 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 Warner 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 continue to 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 on this amended
authorization will not exceed the amount of $10,000.00 above the initial authorization in the July
7, 2004 letter.
��'1-uS OS-oeLP
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.
Return to Clarence A. West:
Such Representation As Described Above Is Approved for the City:
Name
tl jIYA Cl.11
Title
5- (t-(5
Date