HomeMy WebLinkAboutOrdinance 16504-07-2005Ordinance No. f ~05 ~`~ ' ~~ ~~~ S
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $35,000
AND DECREASING THE UNRESERVED UNDESIGNATED GENERAL FUND
BALANCE BY THE SAME AMOUNT FOR THE PURPOSE OF PAYING
VARNUM RIDDERING SCHMIDT 8~ HOWLETT L.L.P FOR SERVICES
RENDERED AS OUTSIDE LEGAL COUNSEL FOR ASSISTANCE IN THE
NEGOTIATION AND PRODUCTION OF A CABLE TELEVISION FRANCHISE
WITH GTE SOUTHWEST D/B/A VERIZON SOUTHWEST MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
SECTION 1
That in addition to those amounts allocated to the various City departments for Fiscal Year 2004-
2005 in the Budget of the City Manager there shall also be increased estimated receipts and
appropriations in the General Fund in the amount of $35,000 and decreasing the unreserved
undesignated General Fund balance by the same amount, for the purpose of paying Varnum
Riddering, Schmidt & Howfett, L.L.P for services rendered as outside legal counsel for assistance
in the negotiation and production of a cable television franchise with GTE Southwest d/b/a Verizon
Southwest.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or .parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No 16061 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed
SECTION 4
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
Assistant City Attor
ADOPTED AND EFFECTIVE c~U t`~ ~) ~-OQ7j
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/5/2005 Resooution No 3232-07 2005 ~ Ordinance No
16504-07-2005
DATE Tuesday July 05 2005
LOG NAME 12VERIZON REFERENCE NO *G-14848
SUBJECT
Adopt a Resolution Authorizing Employment of Outside Legal Counsel for Assistance in Negotiation
and Production of Cable Television Franchise with GTE Southwest d/b/a Verizon Southwest and
Related Appropriation Ordinance
RECOMMENDATION
It is recommended that the City Council
1 Adopt the supplemental appropriation ordinance increasing appropriations in the General Fund by
$35 000 and decreasing the unreserved undesignated General Fund balance by the same amount;
2. Authorize the City Attorney to retain the law firm of Varnum Riddering Schmidt & Howlett, L.L.P
(Varnum Riddering) as outside legal counsel for assistance in the negotiation and production of a cable
television franchise with GTE Southwest d/b/a Verizon Southwest;
3 Adopt the re"solution fixing in advance as far as practicable that the maximum amount to be paid to
Varnum, Riddering in this matter shall not exceed $35 000' and
4 Authorize the City Manager to execute a related Professional Services Agreement with Varnum,
Riddering if required
DISCUSSION
GTE Southwest d/b/a Verizon Southwest (Verizon) is a local telephone company that provides service in
the far north sector of the City Verizon now wishes to provide cable television service through its existing
fiber optic system and as required by Title VI of the Communications Act of 1934 as amended has applied
for a cable franchise from the City
Verizon was the first telephone company to announce immediate plans to roll out cable service in the City
over its telephone system However City staff expects other telephone companies including SBC to make
similar announcements in the future There are a number of complex legal issues associated with cable
franchises that are granted to local telephone companies as opposed to those granted to traditional cable
television companies For example local exchange telephone service is regulated in a very different
manner than cable television service Yet the services are provided through one set of wires How these
differences are addressed in the proposed cable franchise with Verizon are critical to the negotiation of
future cable franchises with other telephone companies As a result, the City Attorney's Office recommends
that an attorney that specializes in cable .and telecommunications law on a national basis assist the City in
negotiating the cable franchise with Verizon
Varnum Riddering has served as outside cable counsel for the City for at least 10 years and is providing
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assistance in Charter Communications request for renewal of its cable franchise In addition Varnum,
Riddering has negotiated cable franchises with telephone companies in other parts of the country and is
familiar with the issues that the City needs to address in order to be well-positioned once other telephone
companies announce that they too will be providing cable television services over their systems.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the resolution and supplemental appropriation
ordinance funds will be available in the current operating budget, as appropriated of the General
Fund The unaudited unreserved undesignated General Fund balance after this appropriation will be
$37 660 565
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0905500 $35.000.00 GG01 531200 0905500 $35.000.00
Submitted for City Manager's Office bv: Richard Zavala (Acting) (6183)
Originating Department Head David Yett (7623)
Additional Information Contact: Peter Vaky (7601)
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