HomeMy WebLinkAboutResolution 3088A Resolution
NO ~~~
AUTHORIZING THE CITY OF FORT WORTH TO PARTICIPATE IN A
COALITION OF CITIES AS PART OF A FORMAL HEARING
PROCESS AGAINST CHARTER COMMUNICATIONS IN THE
ASSESSMENT OF LIQUIDATED DAMAGES AND SUCH OTHER
RELATED CAUSES OF ACTIONS AS THE STEERING COMMITTEE
OF THE COALITION MAY DIRECT
WHEREAS, pursuant to Ordinance No 8291 as previously amended and transferred (the
`Franchise"), Charter Communications, Inc. ("Charter") is authorized to use the public rights-of way m
order to operate a cable system m the Crty and to provide cable services and other permitted services
over that system, and
WHEREAS, the Franchise requires that Charter comply with certain customer service standards
set forth in the Franchise and provides for the assessment of liquidated damages in the event that Charter
fails to meet any such customer service standards, and
WHEREAS, on April 2, 2003 Crty Manager Gary Jackson assessed liquidated damages against
Charter m the amount of $2,669,575 for certain violations of customer service standards set forth m the
Franchise; and
WHEREAS, m accordance with the Franchise, Charter has requested an administrative hearing
to review such assessment of liquidated damages, and
WHEREAS, the Crty Council prefers that this administrative hearing be conducted before a
hearing officer rather than before the entire City Council, and
WHEREAS, other cities (the Cities of Benbrook, Burleson, Duncanville, Hurst, Keller North
lt~chland Hills and Southlake) (together with the City the `Coalition Cities") that have also assessed
liquidated damages against Charter for the same customer service violations have proposed to initiate a
~omt formal hearing process m this matter and
WHEREAS, mayor issues m the assessment of those liquidated damages are common to the City
and the other Coalition Cities, and
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WHEREAS, a consolidated action by the Coalition Cities will reduce duplication of effort and
the attendant expenses for legal fees, expert witnesses, and court costs,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS.
1 That the City hereby agrees to participate with the Coalition Cities (and any other
municipalities that may subsequently elect to tom such Cities) m pursuing a formal hearing process and
any other related causes of action against Charter Communications to collect hgmdated damages
assessed by such cities for non-compliance with certain customer service standards required m the cable
franchises granted to Charter Communications by the respective Coalition Cities.
2. That the City hereby agrees to pay• (i) $67 471 before May 28, 2004 to the treasurer of
the steering committee of the Coalition Cities as an initial contribution toward the underwriting of the
initial legal and expert witness fees and other costs associated with the formal hearing process or
subsequent related causes of action and (ii) additional sums of up to $33 736 which may be necessary to
fund full litigation, for a total maximum expenditure of $101,207
3 That Randy Westerman, Manager/Cable Services or lus designee shall be the City's
primary contact and liaison with the Coalition Cities m this matter and shall be eligible to serve on the
steering committee of the Coalition Cities if elected by other participating murucipalrties.
4 That any notices to the City related to this Resolution or the subject matter thereof should
be addressed to the City of Fort Worth, Attn. Randy Westerman, Manager/Cable Services, 401 W 2nd
Street, Fort Worth, Texas 76102, with a copy to Ted Gorski, Assistant City Attorney 1000
Throckmorton Street, F-grt Worth, Texas 76102
Adopted this day of 2004
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