HomeMy WebLinkAboutRes 00-35 Authorizing an Agreement with Clarence West of Dow, Cogburn and FriedmanTOWN OF WESTLAKE
RESOLUTION NO. 00-35
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER
INTO AN AGREEMENT WITH CLARENCE WEST OF DOW, COGBURN &
FRIEDMAN, P.C., FOR REPRESENTATION CONCERNING PROCEEDINGS
BEFORE THE PUBLIC UTILITY COMMISSION INVOLVING PREEMPTION
OF MUNICIPAL POLICE POWERS AS TO MANAGEMENT OF PUBLIC
RIGHTS-OF-WAY.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, does
hereby authorize the Town Manager to enter into an agreement, attached as Exhibit A,
with Clarence West of Dow, Cogburn & Friedman, P.C., for representation concerning
proceedings before the Public Utility Commission involving preemption of municipal
police powers as to management of public rights-of-way.
PASSED AND APPROVED ON THIS 14TH DAY OF AUGUST, 2000.
Scott Bradley, Mayor
ATTEST:
6irige Crosswy, Town Se tart' Trent O. Petty, T Manager
APPROVED AS TO FORM:
i DOW
COGBURN &
Clarence A. West
ATTORNEYS AT LAW Of cau. A
713-940-6034
eawest@dcf.com
July 25, 2000
VIA FEDERAL EXPRESS
City of Westlake
c/o Boyle & Lowry
4201 Wingren, Suite 108
Indng, TX 75062-2763
Attn: Stan Lowry
Re: Representation concerning proceedings before the Public Utility Commission
("PUC") involving Preemption of Municipal Police Powers as to Management of
Public rights-of-way
Dear Mr. L ry:
I appreciate the opportunity to represent your City, as one of the Cities in the "Coalition
of Cities on Police Power/Preemption issues" ("Cities"), in matters concerning proceedings
before the PUC involving preemption of municipal police powers as to management of the
rights-of-way. My representation would consist of the following:
(1) Review each city's regulations and ordinances concerning management of the
Right of City.
(2), - Monitor and review filings and pleadings before the PUC concerning preemption
of police powers as to management of the public rights-of-way.
(3) Prepare and file responsive pleadings on behalf of Cities with the PUC on the
preemption issue.
(4) Review and recommend any particular changes or revisions to individual cities
regulations or ordinances, to the extent required by the PUC proceeding.
(5) Brief city officials byway of email as to the PUC proceedings, or individually, as
requested by a City.
Consistent with what had been done in the past, I will maintain a detailed billing memo
on all hours worked on matters that are generally applicable to all Cities and bill each City its
9 Greenway Plaza •,Suite 2300 • Houston, Texas 77046 • 713-940-6000 • PAX: 713-940-6099 • www.dcf.com
July 25, 2000
Page 2
proportionate share of those fees, with each City receiving a detailed billing memo. To the
extent any particular City has a unique issue which is relevant to that City alone and which
services are requested, that City would be billed individually for those services. My current
hourly billing rate is $275.00 per hour. As was my custom in the past, the rate will be
discounted to the Coalition to $225.00 per hour, (subject to annual adjustments in the event the
proceedings exceed twelve months, which is not anticipated)• However the pro -rata amount
billed to your city will not exceed the amount of $5,000.00 without further authorization.
I have executed one copy of this letter for your records. I would very much appreciate
it if each City would return to me either by mail or by fax, the other copy of this letter, with a
signature of the appropriate City official acknowledging that this is an acceptable approach for
my representation.
I look forward to working with each of you again as we move through this matter. If you
have any questions, please do not hesitate to contact me.
Sincerely,
DOW, COGBURN & FRIEDMAN, P.C.
By - --
Clarence A. West
Return to Clarence West:
Such Representation As Described Above Is Approved for Westlake, Texas:
By
Name'"
Titlef
Date
11 0516100011LTRENG 12.FRM
0:113 0111051610001 \LTRENG 12IRM