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03 Presentations-Charter Amendment Process Proposal To City Council and City Manager For Charter Revision City of Paris From Ron Cox June, 2006 Introduction The City of Paris is a Home Rule City of almost 27,000 people. Its City Chmiel' was first adopted by the citizens of Paris in 1948. Since that time it has been amended on at least two occasions- once in the 1950s and again in the 1990s. Time, court cases, and changes in state laws have rendered the Charter out of date in many instances. This proposal is designed to provide a means for the City Council, staff and citizens to engage in a meaningful process to address the deficiencies that exist. City Council and staff The City Council consists of seven Councilmembers elected from districts throughout the city. The Mayor is elected from among the seven Councilmembers. Members of the City Council are limited by Charter to two te1111S of two years each. The City Chmiel' requires the Council-Manager fonn of govemment. As such the Council engages a City Manager to perfonn the day-to-day administrative duties of the city. Critical areas of concern Our society and laws have changed significantly since the Chmier was first adopted in 1948. Although it has been amended at least twice since its original adoption, there are several inadequacies in the document. These, in some cases are so serious, that in today's enviromllent, certain provisions cannot be followed. This is pmiicularly true regarding purchasing. If the Chmiel' were applied to the letter, the ability of the city to function would be severely slowed, if not crippled. Paris 8/31/2006 r" The citizens of Paris deserve a Charter that is both up to date and efficient. It deserves a Charter that allows the Council and its city administration to operate with clear guidance and with the flexibility to ensure the taxpayers are served effectively and efficiently. It is therefore critical the Charter be amended to allow the citizens to be served effectively. Proposal This proposal is designed to address these areas of concem by proposing a process, providing facilitation, and drafting proposed language for the Charter revisions in the following manner. · In order to assess expectations and needs, I will meet with members of the City Council, the City Manager and City Attomey regarding the deficiencies of the CUlTent Chmier as well as the expectations of the Council and staff regarding proposed amendments and their respective priorities. · A Chmier Review Commission should be established by the City Council. This body will be responsible for the complete review of the Chmier, and for making recommendations to the City Council for amendments. It is anticipated the Commission will meet regularly, in as many as ten meetings. The Chmier itself is quite voluminous with over 150 sections. Each section will require review, possible revision, possible consolidation with other sections, and comparison with CUlTent state laws. Because of the size and complexity of the Chmier and the issues related to its amendments, the process should include 3; sufficient number of meetings to ensure proper deliberation. As consultant, I will be involved in each meeting of the Commission. · There should be periodic updates on the progress of the Commission and process to the City Council at least three times through the process of the ten meetings of the ConU11ission. These meetings will bring a status repOli of the progress and discussion of issues that may arise. · The City Manager and City Attomey should be involved in the process of review of the Charter, both during the regular meetings of the Commission and at times tlu'oughout the process. Each of them brings a unique perspective to the revision process. The City Manager is responsible for the overall administration of the city and must work within the ChaJ1er's guidelines and limitations on a daily basis. The City Attomey is responsible for the legal aspects of the Charter. There will be legal issues that arise, as to the applicability of existing or proposed language that require the City Attomey to provide his opinion and expertise. Periodic meetings with these two staff members are important to ensure the integrity of the process. · Between Commission meetings, it will be necessary to review the work of the Commission and provide responses to requests made in order to ensure the smooth transition from one meeting to the next and ensure the Commission is productive during its meetings. This will include conducting research, drafting language, and consulting with staff. Paris 2 8/31/2006 r.... Investment · Meet collectively with the City Council, City Manager and City Attomey to assess and gain an understanding of their needs and desires relative to the revision of the City Charter (10 hours) · Facilitate ten sessions with Chalier Review Commission (three hours/session) · Meet three additional times through the process with City Council to review the progress and recommendations of the Charter Review Commission (two hours/session) · Meet ten times with the City Manager to review progress of the process (one hour/session) · Meet ten times with the City Attomey to discuss and resolve legal issues and review draft language' in preparation of the document and subsequent ballot I. language (one hour/sessIOn) · Draft revised charter document language, conduct research for making recommendations, assist the Chmiel' Review Commission in the development of proper language and assist City Attomey in the development of the Chmier document and ballot language. (twenty hours) · Reimbursement for mileage (IRS rate, $0.445/mile) and other direct expenses including air fare and ovemight accommodations as required. · Investment by the City of Paris - $12,900, plus periodic reimbursement of expenses payable in three equal installments, first one upon completion of the assessment with Council and staff; second one upon completion of five meetings with the Commission; and the third upon completion of the tenth session of the Commission. Accepted by Submitted by Ron Cox Paris 3 8/31/2006 r- Ronald E. Cox Biography Ronald E. Cox has been malTied to his wife, Susan, for 33 years. They have two children, daughter Emily, and son, Tim, who is the father of Ron and Susan's first grandchild, Cominey. Ron received a Bachelor of Science from Abilene Christian University in 1972 and a Master of Arts from University of Texas at Tyler in 1981. Ron entered the govemmental arena in 1972 with the Brazos Valley Development Council in Bryan and, after almost two years went to work for the East Texas Council of Govemments (ETCOG) in Kjlgore. After five years with ETCOG, Ron 'accepted his first position as City Manager in 1978 with the City- of Rusk. He was the City of Rusk's first City Manager. Two years later, he became the City Manager of Center. Four years later (1984), Ron accepted the position of City Manager ofthe City of Kilgore, where he served for six years. In November 1990, he became Friendswood's third City Manager. Ron has been involved in local govemment for 34 years and has held the position of City Manager for 28 of the 34 years. Ron is active in many govemmental organizations including the Intemational City Management Association, Texas Municipal League, and Texas City Management Association (TCMA). Ron served as president ofTCMA Regions V and VI. He served on the Board of Directors of TCMA from 1995-1997 and served as TCMA's president in 1997-98. He continues to actively participate in various TCMA professional development programs. In 2005, Ron was awarded TCMA's Lifetime Achievement Award, an exceptional honor, and in 2006 was awarded TCMA Life Member status. 111 1990, Ron was appointed by Governor Bill Clements to the Board of Trustees of the Texas Municipal Retirement System and served on the Board until 1993. He was chosen to serve on the Board of Trustees ofthe Texas Municipal League IntergovenU11ental Risk Pool in 1986 and served on the Executive Committee from 1990 until his resignation in 1991. Ron was a charter member of the Texas Coalition of Cities on Franchised Utility Issues (TCCFUI). He now serves as a consultant to many cities of small to medium size in the State of Texas. His work includes strategic goal setting, professional staff searches, staff leadership development, and teclU1ical assistance on various management issues. August 30, 200(i r" Ron Cox Consulting Tony Williams City Manager City of Paris P.O. Box 9037 Pmis, Texas 75461 Dear Mr. Willimns: I am pleased to submit this proposal for consideration by you mld the Paris City Council. ] believe this proposal will provide an excellent level of service to coordinate mld facilitate the revision to the Pmis City Chmier. The Charter is the backbone of local govenmlent in Texas. Because of its importance, the document deserves to be up to date mld accurate in order for the citizens to be satisfied with the level of service they are receiving. 1 have had the opportunity to serve as City Manager in four cities in Texas, as my attached biography desclibes. Three of the four cities were Home Rule with established City Chmiers. DUling my time in Center, the city established mld created a new City Charter. In Friendswood the Chmiel' requires a review every five years. While there, I had the oppOliunity to work with a Charter Review Commission three different times. My experience, therefore, is not only working directly with Chmiers and their provisions on a daily basis, but also with reviewing and revising them. If selected, I will enjoy the oppOliunity to work with the Council, staff and the Chmier Review Conunission to review mld recommendations for mnendments to this impOliant document. I will be pleased to discuss this further with you mld the City Council at your convemence. Sincerely, Ron Cox Ron Cox Consulting 120 St. Andrews Fl1endswood, Texas 77546 r.'. rlLt No.4~Q Vo/~VVQ 1(:14 lU:bUVtY,~Kt~~6bUJU~UUtL r ~X'; 'J l<::C'JVU ( 4;;J t-"H'-:>t c::/ 4 BOVEY, AKERS & BOJORQUEZ, LLP Attorneys at Law 12325 Hymeadow Drive, Suil~ 2-100 . Austill, T~xas 78750 . Phone: (512) 250-0411 Fax: 250-0749 August 30,2006 Mayor, City Council, and City Manager City of Paris P.O. Box 9037 Paris, TX 7546 1-9037 Re: Proposal to provide legal services for Home Rule Charter Review and Amendment Dear Mayor Manning, Members of the City Council, and Mr. Williams; Please accept the following as our firm's proposal to provide legal services to assist the City of Paris in reviewing and potentially amending its Home Rule Charter. Bovey, Akers, & Bojorquez is a new (four years old), rather unique law finn located in Austin. The three partners previously served in the legal division of the Texas Municipal League (TML), where I was Director of Legal Services for most of the period 1992-2002. There are a total of seven attorneys in the firm, and our clientele is comprised almost exclusively of cities and municipal economic development corporations. General information about our tilm foHows, but let me begin by discussing similar projects we have worked on and our experience with home rule charters. While at TML, of course, each of the pm1ners in the firm routinely interpreted charter provisions in order to answer questions from member cities, and advised city officials on the procedure necessary to adopt or amend a charter. Cary Bovey and J were employed there when Terrell Blodgett published Texas Home Rule Charters through TML in 1994. In addition to reviewing charters and advising Mr. Blodgett on particular issues, the TML legal division compiled a complete set of all Texas Home Rule Charters for use in completing that book. Since leaving TML, the three partners have worked on charter amendment, review, or adoption projects for Round Rock, Balch Springs, Brady, and Socorro, and we are currently involved in similar projects for Brenham, Glenn Heights, and Windcrest. In addition, we have been hired to work on charter interpretation projects for Alpine and Bryan. Our involvement has ranged from simply advising and drafting charter language to actively meeting with charter commissions on a regular basis and, in one instance, serving as a member of a charter review commission. The general infom'lation about our firm is that we serve as City Attorney, work on specialty projects, or provide legislative purposes for a variety of cities of different sizes across the state, representative sample lists of which follow: r'. r I Lt No. 400 (J(!/j(J '(JO 1/: 14 lU : bU\/t'r' . r-lKtl-{::;<:;bUJUI-{I"IUti (1) City Attorney: (a) Balch Springs (b) Bandera (c) Bartlett (d) Brady (e) Brazos Bend (f) Brenham (g) BrucevilJe~Eddy (h) Burton (i) Dripping Springs (j) Glenn Heights (2) SpetiaJty Projects: (k) Grandview (I) Horseshoe Bay (m) Llano (n) Lometa (0) Marfa (p) Niederwald (q) NolanviJIe (r) Pattison (s) Point Venture (t) RolJingwood (a) Alpine (Charter interpretation) (b) Amarillo (Water District issues) (c) Austin (Purchasing) Cd) Bandera EDC (e) Buda EDe (0 Columbus (Zoning) (g) Del Rio (Economic Development) (h Elgin (Economic Development) (i) Gilmer (Annexation) (j) Hillsboro (Various) 1-r-l;<:olC'C'0(J(Ji4';j (u) RWlge (v) Salado (w) Snook (x) Sundown (y) Teague (z) Timpson (aa) Troy (bb) Whitney (cc) W oodcreek (dd) Yorktown (j) Hillsboro EDe (k) Lorena CEDC and Sewer) (l) San Saba (Various) (m) Sweeney (Franchise) (n) Thomdale (Various) (0) Uhland (Franchise) (p) University Park (Sewer) (q) Weimar (Various) (3) Legislative Services: Texas Coalition of Cities for Utility Issues (106 cities) If engaged by the City, I will serve as lead attorney and point of contact for the finn for the City Charter project, but the other two partners, Cary Bovey and Alan Bojorquez, as well as our associates, Christy Drake Adams, Barbara Boulware-WeUs, Roger Gordon, and Veronica Rivera, will be available if I am inaccessible for any reason or if one of them possesses expenise in regard to issues that have come before the City. Based on our experience, we strive to accomplish tour things that we believe are very important to cities the size of Bellville: provide legal services at competitive rates; provide a full range of municipal legal services, provide personal attention to aU city issues, and respond quickly to inquiries and requests. Our success with regard to these issues can be measured by contacting any of our clients. If our firm is selected to represent the City in for this project, we will be happy to negotiate a compensation package that is satisfactory to the City either at an hourly rate Or monthly retainer. If hourly, the following is what we typically charge: f-'f.-lGt .;)/ 4 !"u t- I Lt NO. 400 VeV;5V . VI,) 1 ( : 10 I U : bUVt y ,l-lr,tK:::'&bUJ UKlJlJtL t-HX:OlcC:OVVI4'o1 I-'H\;lt: I.V 4 For any legal services other than litigation, a standard rate of $135 per hour for any attorney in the finn. AU billings will be in increments of one. tenth (.10) hours, Or six minutes. Expenses; Travel: actual air or rental car expenses or by personal automobile at the current IRS approved rate per mile; telephone & postage; actual costs only; photocopies: 10 cents per page; faxes: outgoing $1.00 per page; incoming: $0 I am attaching a copy of an article about our finn that was published in the December 30, 2002 issue of Texas Lawyer, and I encourage you to visit our website at www.texasmunicipallawvers.com. I will be happy to come to BeUville to discuss this matter further, or to provide aI1)'other information that may be helpful. Again, thank you for your consideration. Yours truly, Knight & Partners Attorneys at Law L::l (512) 3~J-577,q Fi.lX (512) 323<'1773 Executive Office Terrace n3 West Anderson Lane. Suite A-I 05 Austin. Texas 78751 A.ttorneys Bamcy L. Knight Shed;] I Limon DI:Jna L Cranger Piligc H S,icnz Ch,!rks K. E1JrcJ IcfTrc'i T Ulrnann WWW,l'ItyattomcYlexas com :1 nome:> 's(~ 'C i tya tlome ylCX as, com August 28, 2006 Tony Williams City Manager City of Paris P. O. Box 9037 Paris, Texas 75461-9037 Re: Legal services - Amendment of the City Charter Dear Mr. Williams: Enclosed please find two originals of a proposed letter agreement for services, in our standard format. If this agreement is approved by the Mayor and City Council, please have the Mayor sign and return one original to my office. The following provides a general overview of our experience in representing municipal governments, including adopting, applying and amending city charters. Although our web site revisions are in progress due to upgrades last month to our computer and telephone systems, and the recent addition of two attorneys, further information is available on our web site at attorneys@cityattorneytexas.com. We will be pleased to provide additional information as requested, and we appreciate our being considered by the City. GENERAL QUALIFICATIONS Knight & Partners has six attorneys, and we engage exclusively in the representation of local government entities. Our experience is generally described as follows. I have sixteen (16) years experience with the cities of Temple and Austin, and twenty-one (21) years of private practice experience. During my first five (5) years of private practice in Houston, I concentrated in construction, real estate, finance and related litigation. During the last sixteen (16) years I have concentrated my practice in representing local governments. During the 16 years with Temple and Austin, I served as Deputy City Attorney, City Attorney, Assistant City Manager, City Manager and Acting City Manager. A brief personal resume is attached as Exhibit" A" . Sheila Limon, a salaried partner with ten years experience as a lawyer (eight of which has been exclusively in municipal law) actively represents many of our clients. A copy of Sheila's resume is attached as Exhibit "B". Diana Granger, a senior associate with twenty-seven (27) years of experience practicing municipal and water law is also available, if and as needed. Diana joined us in April 2006, after retiring from the City of Austin. Her experience includes extended service as assistant city attorney, supervising attorney, deputy city attorney and city attorney of Austin. Diana's resume is attached as Exhibit "C". Paige Saenz, an associate, has been Tony Williams City Manager City of Paris 2 August 28, 2006 practicing law for six years with the last four of those years being exclusively in municipal law. A copy of Paige's resume is attached as Exhibit "D". The other two attorneys in our firm are Charlie Eldred, who joined us in 2004 after seven years in the litigation division of the Attorney General's Office, and Jeff Ulmann, a recent graduate, who joined us this month. If any research is required (unlikely) in our representation of the City of Paris, that research will be accomplished by Charlie or Jeff at the rate of $125 per hour. During the past sixteen (16) years I have continuously served as the City Attorney for a number of cities, and have personally represented a very large number of other cities and counties on a variety of issues, including numerous charter amendments and related litigation. In June 1995, I left a large firm in order to reduce overhead and concentrate my practice on service as City Attorney and the representation of local governments. My first experience regarding the adoption and amendment of city charters was in 1976, and, in the last sixteen years, has included the adoption or amendment of at least two to three charters each year. Equally as important, I have litigated numerous charter provisions and have been involved for 37 years, on almost a daily basis, in interpreting and applying city charters to daily business issues. BILLINGS and FEES We bill on a monthly basis and each bill provides sufficient detail to show the specific task and work for each time increment billed. Our time is billed in increments of one-tenth (1110) of an hour. An example of a line item on the bill would be: "Telephone with city attorney-charter section _." Our bills include itemized expenses for reimbursement, e.g. travel, copies, etc. We do not bill expenses for telephone or facsimile . We expect our bills to be paid within thirty days of receipt, and reserve the right to discontinue service if not timely paid. Our hourly rates will be as provided in the enclosed agreement for services; provided that, as above, in the unlikely event any research is required to be performed by this office, that research will be at the rate of $125/hour. If the City decides to use our services, there will be certain days of the month when I will have standing obligations. I will also work with you on an affirmative basis to schedule, handle and provide the required services on the basis requested by the City with particular consideration given to providing the required services on schedules and by methods that will help limit costs. Sincerely, ~6 Barney L. Knight r "" Exhibit "A" Barney L. Knighe Knight & Partners At torneys at Law Executive Office Terrace, 223 West Anderson Lane, Suite A105, Austin, Texas 78752 Telephone: (5l2) 323-5778 Fax: (5l2) 323-5773 Email attorneys@cityattorneytexas.com Education: Temple Junior College (A.A.) The University of Texas at Austin (B.A., J.D.) Southwest Texas State University (M.P.A.) Professional Experience: Knight & Partners, Attorneys at Law, is a sole proprietorship engaged in the practice of municipal and 19cal government law. Primary clients include numerous cities served as city attorney, a number of cities served as assistant city attorney, counties, a municipal retirement system, groundwater district, special districts and related public entities. The firm began as a solo practice and became Knight & Partners in 2005. [June 1995 to Present] Bickerstaff, Heath & Smiley, Austin. Partner engaged in the representation of cities, counties and other local governments on a state-wide basis. [Oct. 1989 to June 1995J City of Austin, Texas 1985 to 1989. Deputy City Attorney [March 1985 - October 1986]; Acting Assistant City Manager [June 1985 -July 1986]; City Attorney [October 1986 September 1989]; Acting Assistant City Manager [November 1987 - January 1989]; Acting City Manager [January 1989 - March 1989J; Acting Assistant City Manager [March 1989 - August 1989] ; served as Interim Director of Emergency Medical Services, Interim Administrator of Brackenridge Hospital, and as a member of the Hospital Board. City of Temple, Texas -- 1974 to 1985. City Attorney 1978J; Assistant City Manager [Mar. 1977 - Dec. 1978J; 1978 - Mar. 1985] [March 1974 - March City Manager [Dec. Monteith, Baring and Nester, Houston. Engaged in real estate, mortgage litigation. Attorney lending, [July 1969 to Mar. construction and 1974J . related Leqal Experience: Extensive experience In municipal law and local government, home-rule charters, economic development, public contracting and procurement, real estate, construction, finance, ethics, open meetings and records; utilities, working experience in every phase of municipal finance, bonds, short term notes, certificates of participation and obligation, conduit financings, assessments and industrial revenue bonds; and other public financing, including lease-purchase financing, establishing that home-rule cities can finance low and moderate income housing with tax obligations, and utilizing tax increment financing to finance industrial parks and development. Litigation in every level of state court, federal district court, and the appeals courts in a variety of cases has included the litigation of complex construction cases on subjects from roadways, to water and sewage treatment r'.~ plants, reserviors, to nuclear power plants. Other subjects of litigation experience include: water rights; coal and gas contracts; antitrust; complex contract disputes; tort claims; legal malpractice; election and voting issues, inverse condemnation and open meeting violations. That litigation experience has included electric utility and telecommunication rates; the litigation of franchise, annexation, subdivision, land development regulation, nuisances and personal inj ury cases i and the condemnation of property for airports, highways, and utilities; currently limits litigation to consultation with attorneys representing local government entities. Current practice focuses on service as city attorney for cities and as general counsel for other governmental entities, and assisting cities with the adoption and amendment of their city charters. Licensed to Practice: Supreme Court of the United States. United States Court of Appea~s for the 5th Judicial Circuit. United States District Court, Southern District of Texas. United States District Court, Western District of Texas. United States District Court, Northern District of Texas. United States District Court, Eastern District of Texas. The Supreme Court of Texas. Memberships: Texas Bar Association, Managers' Association, Texas City Attorneys' Association, Texas City International City Managers' Association Selected Awards & Honors: Texas City Management Association designated certified public management scholarship the "Barney L. Knight Texas CPM Scholarship", July 1998. Distinguished Alumnus & Service Award, Masters of Public Administration Advisory Council, Southwest Texas State University, June 1993. President, SWTSU Public Administration Alumni Association, 1990-1994. Most Accessible Award, by the Austin Press Corps, March, 1988 Champion Award for Organizational Excellence, presented by the City Manager of the City of Austin, May, 1985 Best Friend Award, by Friends of Temple Public Library, April, 1984 Public Service Award, Citizen Organization) , presented June, 1984 by the Plaza Forum (Temple Senior PI ALPHA ALPHA, National Honor Society for Public Affairs and Administration, November, 1982 Temple's Boss of the Year, presented by Temple Jaycees, January, 1982 Barney L. Knight Resume 2 r-- Selected Papers Presented and Published: CREATIVE ECONOMIC DEVELOPMENT: Maximizing Authority, Flexibility and Support, TML Texas Town & City, June 1991 TEXAS CITY MANAGEMENT ASSOCIATION ANNUAL CONFERENCE, Laredo, Texas 1987; "Capital Recovery Fees/Creative Financing" BASIC CITY MANAGEMENT DEVELOPMENT COURSE, The Texas Foundation for the Improvement of Local Government, Texas A&M University, 1985; "What City Managers Should Know About Texas Law" A SYMPOSIUM OF LAND USE CONTROL PROBLEMS OF LOCAL GOVERNMENT IN AREAS OF RAPID ECONOMIC DEVELOPMENT, SWTSU, 1982; the Leqal Parameters of Land Use Control. "Reasonable Use of Police Power in Land Use Control Ordinances" ASPA REGION VIII CONFERENCE, Las Vegas 1984; "The Selection and Use of Consultants" TCMA ANNUAL CONFERENCE, Austin, Texas, 1985; "Application of Employment at will In a Modern Personnel Management Program" CENTRAL TEXAS REGIONAL WATER UTILITIES SHORT SCHOOL, Waco, 1982; "Employee Motivation and Development" TML BIG CITY RISK MANAGEMENT SEMINAR, 1986 Houston, 1987 Austin; Management as an Interdepartmental Issue" "Risk Barney L. Knight Resume 3 r- EDUCA TION 1992-1995 1989-1992 1986-1989 EXPERIENCE 2005-Present 1998-2005 1996-1998 1995-1996 1987-1995 Exhibit "B" Sheila I. Limon Knight & Partners Attorneys at Law 223 W. Anderson Lane, Suite A-I05, Austin, TX 78752 Telephone (512) 323-5778 Facsimile (512) 323-5773 email: attorneys@cityattorneytexas.com Juris Doctorate, 1995, University of Texas School of Law, Austin, Texas. Scholarships: Ray & 1 Kay Bailey Hutchison Endowed Presidential Scholarship (1992), Allen Lane Roberts Endowed Presidential Scholarship (1993). Honor Societies: Phi Delta Phi (Top 25% of Law Students). Courses of Interest: Employment Law, Regulated Industries, Administrative Law and Legislative Processes. Grade point average of 3.30. Master of Public Administration, 1992, Southwest Texas State University, San Marcos, Texas. Scholarship: Public Administration Alumni Scholarship (1992). Primary research project: Probation Officer Attitudes in the Assignment of Community Service Hours. A Survey of Attitudes. Trained in the management and operation of local governments and state agencies, Grade point average of 4.00, Bachelor of Arts, dual major in Political Science and History, 1989, Southwest Texas State University, San Marcos, Texas, Honor Societies: National Dean's List (Top 1/2% of students nationally), Phi Alpha Theta (History Honors), Golden Key (Top 15% of students nationally), Alpha Chi (Top 10% of Southwest Texas students). Scholarships: Golden Key National Honor Society Scholarship (1988), Presidential Liberal Arts (1988), Walter Richter Lewie (1987). A wards: Professor Henderson Award (Presented to Political Science Major with highest GP A), Professor Greene Award (Presented to Political Science graduate with 3.9+ GPA). Grade Point Average of 4.00 (Summa Cum Laude). Partner, Knight & Partners, Austin. Engaged in the practice of municipal law, serving as the city attorney or primary assistant city attorney for multiple cities. Transactional representation of cities and local governments in areas of law that include redistricting, condemnation, litigation and general matters. Associate Attorney, Barney Knight & Associates, Austin. Practice of municipal law. Draft ordinances and codes; attend council, planning and zoning commission and board of adjustment meetings; litigation and condemnation; zoning and land development; personnel management and operations; state agency hearings. Municipal Court. Prosecute traffic, Class "C" and ordinance violations before Municipal Court. Solo practitioner practicing law in San Marcos, Austin, Houston and Dallas, Texas. General Civil Litigation including Family Law matters, Real Estate, Contracts and limited Criminal Litigation; general practice included drafting wills, leases, contracts and other civil matters and representation of various corporations. Law Clerk. Provided research, prepare documents, attend court, meet with clients, act as office manager, and perform all tasks designated by the attorney to ensure to proper daily functioning of a Law Office. Self-employed as majority owner of Ell Contractors', Manage the daily tasks of a r- .- . 1984-1993 small business, distribute funds and make decisions on equipment purchases necessary to maintain the appropriate level of services, continually solicit bids for new contracts, and act as contract interpreter in disputes. Clerk Typist for United States Army Reserves. Performed basic duties of a soldier in the military with specific training in word processing and general typing. Worked in personnel office assisting in personnel evaluations and manual interpretations. Awarded Army Commendation Medal (1988) for being named Distinguished Honor Graduate from Primary Leadership Development Course. State of Texas since May 3, 1996. Practicing in Federal, District, County, Justice of the Peace and Municipal Courts around the state. LICENSED Federal: Western Federal District of Texas (1998); Northern Federal District of Texas (I999); Eastern Federal District of Texas (I999); Southern Federal District of Texas (1999). Membership Travis County Bar Association, Hays County Bar Association, Texas City Attorneys Association GENERAL Mar-Apr. t 997 Richard Pena, Elected State Bar President. Acted as the voice of the campaign of Richard Pena for State Bar President. Contacted Attorneys across the state requesting support for the campaign. General campaign activities performed, as well as attending Attorney functions to seek support for the candidate. Sheila Limon Resume 'r-" Exhibit "C" Diana L. Granger Knight & Partners Attorney At Law 223 W. Anderson Lane, Suite A-I05, Austin, TX 78752 Telephone (512) 323-5778 Facsimile (512) 323-5773 E-mail: attorneys@cityattorneytexas.com EMPLOYMENT HISTORY KNIGHT & PARTNERS APRIL, 2006 - PRESENT SENIOR ASSOCIATE ATTORNEY Engaged in municipal law practice, with emphasis on water law, contracts, purchasing and construction law. Experienced in TCEQ and legislative issues, and general municipal law matters, such as reviewing and drafting ordinances, contracts, codes and policy statements. . Responsible for contract, grant, and permit issues for underground water conservation district. . Assist cities with negotiation and interpretation of water-related contracts, permits, legislation. . Draft, amend, assist with the implementation of ordinances and agreements as needed. CITY OF AUSTIN JANUARY, 2004 - APRIL, 2006 PURCHASING OFFICER . Responsible for all competitive acquisitions (valued over $5,000), utilizing: competitive bid process for well-defined goods and services and some construction projects; design- build, construction manager-at-risk, and best value solicitations employed for a few construction projects; requests for proposals and requests for qualifications when appropriate. Non- competitive acquisitions were made for items excepted or exempted by law, or for sole source items, for planning or for personal services. . Responsible for all non-competitive acquisitions (valued over $5,000) relating to matters excepted or exempted by law, such as sole source items and materials for plmming or personal services, . Responsible for assuring that all City purchases were made in compliance with city charter, ordinances, resolutions, and policies, as well as state and federal law. . Responsible for holding timely administrative hearings in event of a protest (relating to a solicitation); and responsible for rendering Decision after protest hearing is held. . Responsible for appropriate utilization of cooperative purchasing and inter-local agreement opportunities. . Responsible for assisting MBE/WBE (Council) subcommittee and MBE/WBE advisory committee to address MBE/WBE issues related to purchasing process. . Responsible for supervision and administration of purchasing staff of seventy (70). . Responsible for managing all other aspects of City purchasing process. DIANA L. GRANGER & Assoc. FEBRUARY, 2001 - SEPTEMBER, 2003 . Provided consulting and legal services to municipalities and corporate clients on annexation, zoning and land development, economic development, competitive bidding, Page 1 of 5 r- . contractual, construction, environmental, open records and open meetings, and other municipal-law related issues. AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. JUNE, 1994 - FEBRUARY, 2001 SENIOR COUNSEL · Developed and implemented land and economic development strategies for corporate clients. · Represented private and public sector clients, including electric utility companies, oil and gas companies, and state agencies; and lobbied for local and state legislation. · Worked with neighborhood associations on zoning and land development issues. · Advised and represented corporate clients and public entities on local government matters including annexation, open records, open meetings, competitive bidding, purchasing, contractual, construction, charter, and ethics issues. · Served as intergovernmental liaison and lead outside counsel for Samsung with local, county and state government officials and permitting authorities; obtained annexation and subdivision approvals; developed and implemented strategy for support of neighborhood associations and public officials; assisted Samsung with selection of public relations firm, recruiting firm, event planner; coordinated work of lawyers and other consultants for Samsung. CITY OF AUSTIN, CITY ATTORNEY'S OFFICE 1984-1994 CITY ATTORNEY 1991-1994 · As chief legal counsel for the City, advised and represented the City Council, City Manager, and City departments; supervised assistant city attorneys and City litigation, including defense of challenge to constitutionality of 80S Ordinance; engaged, worked with, and oversaw outside counsel. · Headed municipal law firm, managing the legal practice of fifty (50) Assistant City Attorneys and supervising seventy-five (75) support staff. · Advised City officials about and worked on electric utility and energy generation issues, South Texas Nuclear Project issues and litigation, bond issues, elections, contractual disputes, initiative and referendum processes, real estate acquisitions, condemnations, water rate cases, water quality permitting, planning and zoning, open records and open meetings requirements, purchasing and construction issues, collections and bankruptcy. · Regularly provided the City's lobbyists with analysis of the legal impact on the City of existing and proposed state legislation. · Authored, reviewed and approved legal opinions, city regulations and ordinances. DEPUTY CITY ATTORNEY SUPERVISING ATTORNEY SENIOR ATTORNEY 1985 STAFF ATTORNEY 1984-1985 · Supervised attorneys and worked on issues related to electric utility, water and wastewater utility, budget, financial services and purchasing, transportation, health, land development, environmental, parks, personnel, public safety, and litigation. · Managed legal aspects of Convention Center Project: land acquisition, real estate documents, construction claims, environmental issues, land development regulations, and 1987-1991 1985-1989 Page 2 of 5 r- . contract negotiations. · Coordinated special projects for City Manager and City Council, including real estate transactions, capital improvement projects, and administration of City's railroad right-of- way. · Served as Deputy General Counsel for Austin Industrial Development Corporation and Austin Housing Finance Corporation and handled all their legal affairs. · Negotiated agreements with municipal utility districts and water control and improvement districts. CITY OF AUSTIN, MUNICIPAL COURT 1982-1984 RELIEF JUDGE · Appointed as Municipal Court Relief Judge and Magistrate by City Council. TEXAS WATER COMMISSION 1980'-1984 (now the Texas Commission on Environmental Quality) HEARINGS EXAMINER · Presided over contested administrative hearings; developed Proposals for Decision to Commission on water rights permits, water rights adjudication, water quality permits, and levy permits. MANN, CRONFEL, DICKINSON & SALDANA 1979-1980 AssoclA TE . Researched and provided legal support on oil and gas, corporate, probate, family, juvenile matters. . Appealed case to Fifth Circuit Court of Appeals; petitioned U.S. Supreme Court for Writ of Certiorari. PROFESSIONAL LICENSES STATE . Licensed Attorney - State Bar of Texas 1979 FEDERAL COURTS OF ADMITTANCE . Southern District of Texas . Western District of Texas . Fifth Circuit Court of Appeals . Eleventh Circuit Court of Appeals PROFESSIONAL PUBLICATIONS AND PRESENTATIONS "Annexation Requirements in Texas" 1996 Authored and presented paper to Texas City Attorneys Association Semi-Annual Conference "2000: A Legal Odyssey Into the New Millennium" 1997 Co-authored and presented paper to Texas Municipal League Page 3 0 f 5 f' Annual Conference-Attorneys Section EDUCA TION University of Texas School of Law (Austin) 1978 Doctor of Jurisprudence University of Texas School of Law, Post-graduate studies 2000 Center for Public Policy Dispute Resolution, Basic Mediation Negotiating Complex Disputes in the Public Arena Texas A & I University at Laredo, Texas 1975 B.S., Magna Cum Laude PUBLIC SERVICE AND COMMUNITY INVOLVEMENT Trustee, Austin Museum of Art 1996-2002 Board Member, Austin Parks Foundation 1996-1999 Board Member, Texas City Attorneys Association 1992-1994 Organized first, City-wide "Take Your Daughters to Work Day" 1992 Page 4 of 5 Exhibit liD" Paige Harbison Saenz Knight & Partners Attorneys at Law Executive Oftico.: Terrae...: 223 West Anderson Lane, Suite AIO) Austin. Tc....:.:J.s 7'1.752 Tckphonc (:i12) 323.577li Fn:x (.512)313-5773 E-mail. attomcysi"/cityattomo.:yt..:'\.:J.s com EDUCATION The University of Texas School of Law, J.D. 200 I Rice University, B.A. 1998 Universidad de Santiago, Chile, Fall 1996 WORK EXPERIENCE Knight & Partners. Associate Attorney. Draft ordinances, review codes, general municipal legal issues, annexations and department of justice, assist with litigation and TCEQ matters, representation regarding management and operations. Serve as assistant city attorney for various municipal clients, and assistant general counsel for a municipal retirement system. Paige Harbison Saenz, Attorney. Austin. Solo Practitioner, August 2002 - November 2002. Private practice consisting of representation of parents and children in Texas Department of Protective and Regulatory Services proceedings and contract work involving family law cases, appellate work, and legal research for political campaigns, Waiters & Turquand, Austin. Associate. November 200] - July 2002. Managed caseload of fifty family law cases with minimal supervision; prepared pleadings and final orders; dealt with needs of clients and opposing counsel; and litigated modifications, contempt motions, temporary orders hearings, and final hearings in divorce and custody matters as lead attorney. Davis & Davis, P.c., Austin. Law Clerk. Spring 2001. Drafted motions for summary judgment; conducted legislative history research; traced history of ownership of land by various home owners' associations; researched, wrote memos, and advised attorneys on issues related to consumer law, home owners' associations, condominium regimes, hospital districts, constitutional law, governmental immunity, and procedural issues. Juvenile Public Defender's Officer, University of Texas School of Law, Austin. Student Attorney. Fall 2000. Second chair in arson trial, worked up case by interviewing witnesses, examining evidence, and determining defense strategy with supervising attorney; representedjuveniles in detention hearings; conducted client interviews and interacted with parents; negotiated and plea agreements with prosecutors; and worked with juvenile probation officers about clients' social and disciplinary needs. Office of Consumer Credit Commissioner, Austin. Law Clerk. Summer 2000. Helped prepare general counsel for two administrative hearings, evaluated methods for properly entering non-scientific expert testimony in evidence; researched validity of choice of law provisions in consumer loan contracts; researched and addressed application of Texas Open Meetings Act to various actions of the agency. McGinnis, Lochridge, & Kilgore, Austin. Law Clerk. Summer 2000. Researched and wrote memos on issues related to employment law, secuntles law, health law, constitutional law, probate, commercial law, and procedural law; drafted motion to reopen evidence; gave oral presentations of research to attorneys, and attended depositions, hearings, and settlement negotiations. Third Court of Appeals, Austin. Legal Intern to Justice Mack Kidd. Spring 2000. Helped draft four opinions; researched civil and criminal law issues, attended oral arguments; sat in on justices' discussion of cases, and reviewed legal issues with judge, briefing attorney, and fellow interns. 200lh District Court, Judge Paul Davis, Jr., Austin. Legal Intern. Fall 1999. Prepared memo (which judge edited as opinion) about the court's jurisdiction over an administrative appeal; briefed judge on summary judgment pleadings; observed various courtroom proceedings; sat in on formal and informal charge conferences; spoke with jurors after verdict was reached, and discussed legal issues and attorneys' courtroom techniques with judge and staff attorney. LICENSED TO PRACTICE. State of Texas MEMBERSHIPS. Texas Bar Association Texas City Attorneys Association ACTIVITIES The University of Texas School of Law Research Assistant. Alexandra Wilson Albright, 1999-00 Staff Member. American Journal of Criminal Law, Spring 1999-00 Volunteer. The People's Law School, Spring 1999 & 2000 Competitor. Carl W. Wilson Fall Novice Mock Trial, Fall 1999. Assistant Interscholastic Officer. Board of Advocates, Fall 1999 Rice University Volunteer Translator. Good Neighbor Clinic, Pediatrics, Fall 1997. Spanish Translator. Tutor. Step-Ahead Training Program, Rice University, 1997-98. Tutored and trained adults in basic office skills to improve job placement. ESL Tutor. Rice University, 1994-96. Tutored adult custodial staff in reading and speaking English, and assisted one student in passing citizenship exam. Tutor/Mentor. Middle school children, Rice University, 1993-94. Paige Harbison Saenz Resume 2