HomeMy WebLinkAboutResolution 2843A Resolution ~
No a~~
AUTHORIZING THE CITY ATTORNEY TO RETAIN
THE LAW FIRM OF VARNUM, RIDDERING, SCHMIDT & HOWLETT, L L P
FOR ASSISTANCE REGARDING FRANCHISE FEE PAYMENTS
BY CHARTER COMMUNICATIONS, INC
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, m return for authorization to use the public rights-of way the Franchise requires
Charter to pay the City a franchise fee equal to five percent (5%) of the gross revenue received by
Charter from the provision of cable services m the Crty including Internet and Internet related services
(the `Franchise Fee ') and
WHEREAS, m letters dated March 29 2002 and May 23 2002 Charter has declared that, on
account of a March 2002 order of the Federal Communications Commission (the `FCC Order"), rt is
•
now prohibited under federal law from including revenue received from its provision of Internet and
Internet-related services m its calculation of the Franchise Fee; and
WHEREAS, the Crty questions Charter's analysis of the impact of the FCC Order on federal
law and the Franchise Fee required under the Franchise, and
WHEREAS, the law firm of Varnum, Riddering, Schmidt & Howlett, L.L.P has substantial
expertise m the area of cable communications law and has agreed to represent the Crty 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 Varnum, Riddering,
Schmidt & Howlett, L.L.P as outside counsel pursuant to Section 3 Chapter VI of the Crty Charter to
•
i
assist the Crty Attorney m franchise fee payment issues ansmg under the Franchise on account of the
FCC Order
II.
That, as far as practicable, the compensation to be paid to the law firm of Varnum, Riddenng,
Schmidt & Howlett, L.L.P shall not exceed $350 00 per hour for a total amount not to exceed $15 000
AND IT IS SO RESOLVED.
/~
Adopted this } ~ day of 2002.
ATTEST
By
Glona Pe on
Crty Secretary
PROVED
CITY COUNCIL
JUN 1I 2002
~ii/ty .SeCT6taT'y Ot thA
City of Fort Worth, Texas
•