HomeMy WebLinkAboutResolution 5374-04-2021A Resolution
NO. 5374-04-2021
TO INCREASE THE AMOUNT TO BE PAID TO THE LAW FIRM
OF LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C., AS
OUTSIDE COUNSEL FOR LEGAL SERVICES RELATED TO THE
LAWSUIT AGAINST CHARTER COMMUNICATIONS, VJ, LLC
D/B/A SPECTRUM CABLE TO RECOVER UNAPID FRANCHISE
FEES OWED TO FORT WORTH
WHEREAS, the C ity, on or about September 12, 2018, hired the Law Firm of Lloyd
Gosselink Rochelle & Townsend, P.C. to file a lawsuit against Charter Communication s ,
Vl, LLC d /b /a Spectrum Cable to recover unpaid franchise fees owed to the City of Fort
Worth; and
WHEREAS, the original anticipated litigation cost to Fort Worth of the litigation
was approximately $60 ,000.00 (Fort Worth 's share of the potential recovery of unpaid
franchise fees minus the s hare of anticipated litig at ion cost);and
WHEREAS, the cost of legal services to the City of Fort Worth by Lloyd Gosselink
Rochelle & Townsend , P.C., as outside counsel to provide legal representation regarding
the lawsuit filed against Charter Communications , VI, LLC d /b /a Spectrum Cable, wil I
exceed the initial $60 ,000.00 authorized by City Council; and
WHEREAS, the subject litigation is st ill pending and it i s estimated that an
additional amount of approximately $30,000.00 beyond the current authorized $60 ,000.00
will be needed for the l egal services n ecessary to bring this lawsuit to a successfu l
conclusion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the compensation authorized to be paid to the Law Firm of Lloyd Gosselink
Rochelle & Townsend, P.C., as outside counsel, to provide legal representation regarding
the law suit filed gainst Charter Communications , VI, LLC d /b /a Sepctrum Cable to recover
unpaid franchise fees owed to the City of Fort Worth, is hereby increased from $60,000.00
to an amount of $90 ,000.00.
Adopte d this 6 t h day of April 2021.
ATTEST:
By:~9~
Mary J. Kayser , City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/06/21
LOG NAME: 21SPECTRUM LITIGATION
SUBJECT
M&C FILE NUMBER: M&C 21-0247
(ALL) Adopt Attached Resolution Authorizing an Increase in the Amount of $30 ,000.00 to be Paid to the Lloyd Gosselink Rochelle &Townsend,
P .C ., as Outside Legal Counsel for Legal Matters Relating to the Lawsuit Against Charter Communications , VI, LLC d/b/a Spectrum Cable to
Recover Unpaid Franchise Fees Owed to Fort Worth for a Total Amount of $90 ,000 .00
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing an increase in the amount of $30 ,000 .00 to the maximum amount
to be paid to the law firm of Lloyd Gosselink Rochelle &Townsend , P .C ., as outside legal counsel for legal services related to the lawsuit against
Charter Commun ications , VI , LLC d/b/a Spectrum Cable to recover unpaid franchise fees owed to Fort Worth, for a total amount of $90 ,000 .00 .
DISCUSSION:
On August 7 , 2018 , by Mayor and Council Communication (M&C) G-19337 and Resolution No. 4962-08-2018 , the City Council approved the
hiring of the law firm Lloyd Gosselink Rochelle & Townsend, P .C. to file a lawsuit against Spectrum for the purpose of recovering unpa id franchise
fees . At that time , the anticipated cost to Fort Worth of the litigation was approximately $60,000 .00 (Fort Worth 's share of the potential recovery of
unpaid franchise fees minus the share of anticipated litigation costs).
The litigation is still pending and it is estimated that an additional amount of approximately $30,000 .00 beyond the current authorized $60,000.00
w ill be needed for the legal services to bring this lawsuit to a successful conclusion .
Adoption of this resolution will increase the amount of compensation to be paid to the Law Firm of Lloyd Gosselink Rochelle & Townsend, P .C ., by
30 ,000 .00 , for a total amount of $90 ,000.00.
A Form 1295 is not required because : Th is contract legally does not require City Council approval.
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget of the General Fund , as previously appropriated , in the
General Fund to support the approval of the above recommendation and resolution to increase contract amount. Prior to an expenditure being
incurred, the Property Management Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Christopher Austria 7619