HomeMy WebLinkAboutResolution 5704-02-2023 A Resolution
NO.5704-02-2023
TO INCREASE THE TOTAL COMPENSATION 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, VI, LLC DB/A SPECTRUM CABLE TO
RECOVER UNAPID FRANCHISE FEES OWED TO FORT
WORTH IN AN AMOUNT NOT TO EXCEED $5,000.00 FOR A
NEW TOTAL AMOUNT NOT TO EXCEED $95,000.00
WHEREAS, the City, on or about September 12, 2018, hired the Law Firm of
Lloyd Gosselink Rochelle & Townsend, P.C. to file a lawsuit against Charter
Communications, VI, 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 share of anticipated litigation cost); and
WHEREAS, on or about April 6, 2021, by Mayor and Council Communication
(M&C) 21-0247, the City Council approved an increase in the amount of$30,000.00 to
the maximum amount to be paid to the law firm, for a total amount of $90,000.00;
and
WHEREAS, an increase in spending authority is needed because the subject
litigation still pending and the City has almost exhausted its spending authority; and
WHEREAS, significant progress has been made in negotiating the final terms of
the settlement agreement and litigation is expected to end in March 2023; and
WHEREAS, it is estimated that an additional authorized amount not to
exceed $5,000.00 for the City of Fort Worth's portion for legal services is needed
to bring this lawsuit to a final and successful conclusion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
That the total 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 lawsuit filed against Charter Communications, VI, LLC
d/b/a Sepctrum Cable to recover unpaid franchise fees owed to the City of Fort Worth,
is hereby increased in the amount not to exceed
$5,000.00 for a new total compensation amount not to exceed 95,000.00.
Adopted this 281h day of February, 2023.
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Jannette S Goodall, City Secretary da 0000 0Do�00 p�
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 02/28/23 M&C FILE NUMBER: M&C 23-0170
LOG NAME: 21SPECTRUM LITIGATION SPENDING AUTHORITY
SUBJECT
ALL)Adopt a Resolution Authorizing an Increase in an Amount Not to Exceed$5,000.00 to be Paid to 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 New Total Amount Not to Exceed$95,000.00
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing an increase in an amount not to exceed$5,000.00 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 Communications,VI, LLC d/b/a Spectrum Cable to recover unpaid franchise fees owed to Fort Worth,for a new total
amount not to exceed$95,000.00.
DISCUSSION:
On April 6,2021, by Mayor and Council Communication(M&C)21-0247 and Resolution No.5374-04-2021,the City Council approved 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 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.
Outside legal counsel has made significant progress in negotiating the final terms of the settlement agreement with Spectrum and are focusing on
disclosure of the actual terms of the settlement agreement. Litigation is expected to end in March 2023 and additional spending authority is
needed to bring this lawsuit to a final and successful conclusion. The estimated additional spending authority for the City of Fort Worth's portion for
legal services is an amount not to exceed$5,000.00.
Staff recommends City Council adopt the attached resolution,which will increase the total amount of compensation to be paid to the Law Firm of
Lloyd Gosselink Rochelle&Townsend, P.C.,by an amount not to exceed$5,000.00,for a new total amount not to exceed$95,000.00.
Funding is budgeted in the Other Contractual Services account of the Property Management Department's General Fund,as appropriated.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation,funds are available in the current operating budget,as
previously appropriated,in the General Fund. 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 bv: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Juanita Rigsby 8518