HomeMy WebLinkAboutOrdinance 16023Ordinance No ~`~'~.-~ ~~
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE SPECIAL TRUST FUNDS BY $136,005.00 FROM AVAILABLE FUNDS, FOR THE
PURPOSE OF FUNDING PARTICIPATION IN AN ADMINISTRATIVE HEARING
AGAINST CHARTER COMMUNICATIONS 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 2003-2004 and
in the Budget of the City Manager there shall also be increased estimated receipts and appropriations in the
Special Trust Fund by $136,005 00 from available funds, for the purpose of funding participation in an
administrative hearing against Charter Communications.
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 15636 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ordinances and appropriations are hereby expressly repealed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 adopfion
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
ADOPTED AND EFFECTIVE. ~ ~,~~-
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/6/2004 Ordinance No 16023
DATE Tuesday July 06 2004
LOG NAME 02CABLE FUNDS
REFERENCE NO *G-14412
SUBJECT
Transfer of Funds from General Fund/Non Departmental Department to Special Trust Fund FE 72
and Adoption of Appropriation Ordinance for the Purpose of Funding Participation in an
Administrative Hearing Against Charter Communications
RECOMMENDATION
It is recommended that the City Council:
1 Authorize the transfer of $101,207 from the General Fund/Non Departmental Department to the
Special Trust Fund for outside legal and consulting services incurred as part of the City's participation in an
administrative hearing against Charter Communications, and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $136 005 from available funds.
DISCUSSION
On May 25 2004 the City Council authorized M&C G-14370 allowing the City of Fort Worth to participate in
the formal hearing process against Charter Communications, Inc. and other entities associated with Charter
Communications to collect liquidated damages for non-compliance with the customer service standards set
forth in the cable franchise agreement between Charter Communications and the City The M&C
authorized $101,207 to pay for these legal proceedings.
The General Fund is funding this activity because the Cable Fund is not an eligible funding
source Funding for the Cable Fund is generated from a $1 00 program fee that is added to a subscriber's
bill These funds can only be spent on programming activities Since this is not a programmatic expense
funding will come from the General Fund Any funds remaining at the end of the process will be remitted
back to the contributing City in an amount proportionate to its original contribution
Fort Worth Benbrook, Burleson Duncanville Hurst, Keller North Richland Hills and Southlake make up a
coalition of cities that have passed resolutions authorizing participation in the administrative hearing The
coalition has hired outside legal representation a hearing officer and an expert witness for this proceeding
All coalition cities will contribute funds to a Special Trust Fund that has been created for the purpose of
drafting payments for professional services incurred throughout the administrative hearing The City
currently has received $34 798 from initial payments by other coalition cities.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operation budget, as appropriated of
the Special Trust Fund
Lc~name• (12C'ART F FTTNT)C PaOP. 1 nf~
TO Fund/Account/Centers FROM Fund/Account/Centers
FE-72 472001 002500200000 $101.207.00 GG01 538070 0905500 $101.207.00
FE72 488300 002500200000 $34.798.00
FE72 539120 002500200000 $136.005.00
.Submitted for City Manager's Office by_ Charles Boswell (8511)
Originating Department Head Eileen Houston-Stewart (6415)
Additional Information Contact: Randy Westerman (871-6119)
Lo~name• 02CABLE FUNDS PAaP. ~ of ~