HomeMy WebLinkAboutOrdinance 13719., .
Ordinance No _~
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
CABLE COMMUNICATIONS FUND IN THE AMOUNT OF $135,000 00 FROM AVAILABLE FUNDS
FOR THE PURPOSE OF FUNDING THE RETENTION OF VARNUM, RIDDERING, SCHMIDT AND
HOWLETT, L.L.P FOR OUTSIDE COUNSEL FOR ASSISTANCE IN REVIEWING THE TRANSFER
OF CABLE SYSTEM OWNERSHIP FROM MARCUS CABLE TO VULCAN CABLE, PROVIDING
FORA SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES AND REPEALING ALL 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 the Fiscal Year 1998-99 and in the Budget of
the City Manager, there shall also be increased estunated receipts and appropriations in the Cable Communications Fund m the
amount of $135,000 00 from available funds for the purpose of funding the retention of Varnum, Riddermg, Schmidt and
Howlett, L.L.P for outside counsel for assistance in reviewing the transfer of cable system ownership from Marcus Cable to
Vulcan Cable.
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. 13540 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repealed.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 and be in full force and effect after the date of its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney
2.25-1 S
Date
_- t~ ` dS~ ~' L L
Adopted
~r~ -~y'
Effective
City of Fort Worth, Texas
M'Ayvr And C,auncil CammunicAt~on
DATE REFERENCE NUMBER LOG NAME PAGE
3/2/99 G-12490 02CABLE 1 of 2
SUBJECT APPROPRIATION ORDINANCE AND RESOLUTION INCREASING THE AUTHORIZED
AMOUNT TO BE PAID TO VARNUM, RIDDERING, SCHMIDT & HOWLETT, L.L.P FOR
ASSISTANCE IN REVIEWING THE TRANSFER OF CABLE SYSTEM OWNERSHIP
FROM MARCUS CABLE, ASSOCIATES, L.P TO VULCAN CABLE, INC AND PAUL G
ALLEN
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached resolution increasing by $85,000 the maximum amount to be paid to Varnum,
Riddering, Schmidt & Howlett L.L.P for a total sum not to exceed $135,000; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Cable Communications Fund by $135,000 from available funds.
DISCUSSION
On November 3, 1998 (M&C G-12374), the City Council adopted Resolution No 2463 retaining
Varnum, Riddering, Schmidt & Howlett, L.L.P as outside -legal counsel to assist in reviewing Marcus
Cable's request to transfer ownership and operation of its cable system in the City to Vulcan Cable, Inc.
for a total amount not to exceed $50,000 Under federal law and Federal Communications Commision
(FCC) regulations, a franchising authority such as the City has the right to review a transfer request to
ensure that the proposed transferee will be able to comply with terms, and provide services required by
the applicable cable franchise then in effect.
The City has teamed with the majority of other North Texas communities currently served by Marcus to
review the transfer request. By its participation in this consortium, the City will share expenses with the
other communities. Initially, at the adoption of Resolution No 2463, the City's portion of the total
estimated cost was not to exceed $50,000 However, to date, the City has received bills from Varnum,
Riddering totalling $61,847.29
Due to limited resources available in Cable's current operating budget, it is seeking an appropriation
from the interest earnings of the Cable Communication Fund to pay the City's share of expenses due to
Varnum, Riddering
Once the transfer takes effect, all expenses incurred by the City, as well as other North Texas
communities, will be fully reimbursed by Charter Communications, the operating company for Vulcan
Cable, Inc. "
City of Fort Worth, Texas
M'Ayar And C,aunc~l CammunicAtian
DATE REFERENCE NUMBER LOG NAME PAGE
3/2/99 G-12490 02CABLE 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND RESOLUTION INCREASING THE AUTHORIZED
AMOUNT TO BE PAID TO VARNUM, RIDDERING, SCHMIDT & HOWLETT, L.L.P FOR
ASSISTANCE IN REVIEWING THE TRANSFER OF CABLE SYSTEM OWNERSHIP
FROM MARCUS CABLE, ASSOCIATES, L.P TO VULCAN CABLE, INC AND PAUL G
ALLEN
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the attached appropriation, funds will be available
in the current operating budget, as appropriated, of the Cable Communications Fund
CB:j
Submitted for City Manager's .FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
FE72 539120 002500100000 $135,000.00 APPROVED
Charles Boswell 6183 FE72 441012 002500100000 $135,000.00 CI TY COUNCt~
Originating Department Head:
MAR 2 1999
Pat Svacina 6415 (from)
~
jp~
~~~
~
Additional Information Contact: ~
/""-`~ `"
`
f th
e
City Secretary o
City of Fort 9Vorth, TQxA9
Sue Winter 6030
h~0~lia~ ~LSif~S.~LiV~e~ ~43e~•s~+ar~t! ~~l~ ~tr~8r~~ LL0~ L-.i