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in state laws have rendered the Charter out of date in many instances.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
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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
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8/31/2006
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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
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8/31/2006
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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
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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
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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:
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(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:
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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
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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
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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
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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,
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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
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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
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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
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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
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