HomeMy WebLinkAboutResolution 3089,~ "`:
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A Resolution
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AUTHORIZING THE CITY ATTORNEY TO RETAIN
THE LAW FIRM OF CANTEY & HANGER FOR ASSISTANCE IN A FORMAL
ADMINISTRATIVE HEARING AND OTHER POTENTIAL RELATED CAUSES OF
ACTION AGAINST CHARTER COMMUNICATIONS REGARDING VIOLATIONS
OF CERTAIN CUSTOMER SERVICE STANDARDS SET FORTH IN THE CABLE
FRANCHISE GRANTED TO CHARTER COMMUNICATIONS
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 City 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 m the Franchise and provides for the assessment of liquidated damages m the event that Charter
fails to meet any such customer service standards, and
WHEREAS, on April 2, 2003 City Manager Gary Jackson assessed liquidated damages against
Charter in the amount of $2,669,575 for certain violations of customer service standards set forth in 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 admmistrahve hearing be conducted before a
hearing officer rather than before the entire City Council, and
WHEREAS, the Crty is part of a coalition of other municipalities with franchises that are
substantially similar to the Franchise and that have also assessed liquidated damages for the same
customer service violations (the `Coalition ') and
WHEREAS, because this matter is of extraordinary importance and involves complex legal
issues, the Coalition, including the Crty requires the assistance of legal counsel to represent its interests
m the administrative hearing; and
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WHEREAS, Estil Vance and the law firm of Cantey & Hanger have significant lrtigation
experience and are prepared to assist the Coalition m this matter
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
I.
That the City Attorney is hereby authorized to retain the law firm of Cantey & Hanger as outside
counsel pursuant to Section 3 Chapter VI of the City Charter to assist the City Attorney in the
representation of the Coalition, including the Crty m an administrative hearing and other related causes
of action concerning the assessment of liquidated damages against Charter for violation of certain
customer service standards m the Franchise.
II.
That, as far as practicable, the compensation to be paid to the law firm of Cantey & Hanger in
this matter shall not exceed $285 00 per hour for a total amount not to exceed $34,338
AND IT IS SO RESOLVED
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Adopted this O v day of / V~, 2004
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ATTEST . _ W ~~`