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Home My WebLink AboutR-99-0041J-99-49 1/11/99 C�, (� RESOLUTION NO. .' "-' — 41 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO CONTINUE THE ENGAGEMENT OF THE LAW FIRM OF LEIBOWITZ AND ASSOCIATES, P.A., AS OUTSIDE COUNSEL TO PROVIDE ADVICE, ANALYSES, COUNSEL AND RELATED SERVICES REGARDING: 1) THE CITY OF MIAMI'S EXISTING CABLE TELEVISION LICENSE AGREEMENT WITH TCI, 2) MATTERS RELATING TO THE PROPOSED MERGER OF TCI AND AT&T, AND 3) THE PROPOSED TRANSFER OF THE CABLE TELEVISION SYSTEM FROM TCI TO MEDIAONE OR RELATED MATTERS THEREOF; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $100,000 FOR SAID SERVICES FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921002-270. WHEREAS, the law firm of Leibowitz and Associates, P.A. ("Consultant") was originally retained to provide advice, analyses and counsel to the City of Miami regarding the existing cable television license agreement and franchise renewal, in an amount not to exceed $100,000, pursuant to Resolution No. 95-744; and WHEREAS, upon depletion of the above funds, the City Commission adopted Resolution No. 97-758.1 on October 28, 1997, continuing the Consultant services, as requested in writing by the City from time to time, in an amount not to exceed $35,000; and WHEREAS, pursuant to Resolution No. 98-351, adopted CM covmssION MEETING OF J A N 1? Q" I Resolution No. April 14, 1998, the Miami City Commission authorized additional services from the Consultant in an amount not to exceed $100,000 and acknowledged the $35,000 previously approved, for a total expenditure not to exceed $135,000; and WHEREAS, the City has been notified by Leibowitz and Associates, P.A. that additional funds, in an amount not to exceed $50,000 per merger/transfer, totaling $100,000, will be required to handle the legal matter's pertaining to the AT&T merger and the MediaOne transfer; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to , continue the engagement of the Law Firm of Leibowitz and Associates, P.A., as outside counsel to provide advice, analyses, counsel and related services regarding: 1) the City of MiamiiIs existing cable television license agreement with TCI, 2) matters relating to the proposed merger of TCI and AT&T, and 3) the proposed transfer of the cable television system from TCI to t MediaOne or related matters thereof, with funds therefor hereby { I allocated, in an amount not to exceed $100,000 for said services, - 2 - __ f from Special Programs and Accounts, Account Code No. 921002-270. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayorl. PASSED AND ADOPTED this 12th day of January 1999. JOE CAROLLO, MAYOR ATTEST: In scoordance with Miami Code Sec. 2.36, sincc? the Manor did not indicate $pprov,,, of this IGgislation by signing it in the designated pici .0 U becomes effective with the elapse of �e Cc' P"O%Jdc�d, n na,.; ten da regarding same, whhout the t, from fhp� of Comi Cn AWOr-ae -isin etcI WALTER J. FORMAN Walt City Clerk CITY CLERK J-/ I FORM 05 172:CSK:BSS CORRECTNESS:?'�'- If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - P. J-99-49 12/30/98 RT2GnT.T"TnW Wn _ 9 .9 — '2 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO CONTINUE THE ENGAGEMENT OF' THE LAW FIRM OF LEIBOWITZ AMID ASSOCIATES, P.A., AS OUTSIDE COUNSEL TO PROVIDE ADVICE, ANALYSES, COUNSEL AND RELATED SERVICES REGARDING: 1) THE CITY OF MIAMI'S EXISTING CABLE TELEVISION LICENSE AGREEMENT WITH TCI, 2) MATTERS RELATING TO THE PROPOSED MERGER OF TCI AND AT&T, AND 3) THE PROPOSED TRANSFER OF THE CABLE TELEVISION SYSTEM FROM TCI TO MEDIAONE OR RELATED MATTERS THEREOF; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $100,000 FOR SAID SERVICES FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921002-270. WHEREAS, the law firm of Leibowitz and Associates, P.A. ("Consultant") was originally retained to provide advice, analyses and counsel to the City of Miami regarding the existing cable television license agreement and franchise renewal, in an amount not to exceed $100,000, pursuant to Resolution No. 95-744; and WHEREAS, upon depletion of the above funds, the City Commission adopted Resolution No. 97-758.1 on October 28, 1997, continuing the Consultant services, as requested in writing by the City from time to time, in an amount not to exceed $35,000 ; and WHEREAS, pursuant to Resolution No. 98-351, adopted April I Resolution No. N, Ck 14, 1998, the Miami City Commission authorized additional services from the Consultant in an amount not to exceed $100,000 and acknowledged the $35,000 previously approved, for a total expenditure not to exceed $135,000; and WHEREAS, the City has been notified by Leibowitz and Associates, P.A. that additional funds, in an amount not to exceed $50,000 per merger/transfer, totaling $100,000, will be needed to handle the legal matters pertaining to the AT&T merger and the MediaOne transfer; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to continue the engagement of the Law Firm of Leibowitz and Associates, P.A., as outside counsel to provide advice, analyses, counsel and related services regarding: 1) the City of Miami's existing cable television license agreement with TCI, 2) matters relating to the proposed merger of TCI and AT&T, and 3) the proposed transfer of the cable television system from TCI to MediaOne or related matters thereof, with funds therefor hereby allocated, in an amount not to exceed $100,000 for said services, 2- 99-- 41 AML es: from Special Programs and Accounts, Account Code No. 921002-270. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor11. PASSED AND ADOPTED this 12th__ day of January , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate sooroval of { this legislation by signing it in the designated phrc� r mvided. tzar;,; ;roc becomes effective with the elapse of ter) (10) r;.ys from the date: of Gcmr;7;s "- r attic, f regarding same, without the Mayor exercisi a to. ATTEST: %afmr Clark WALTER J. FOEMAN CITY CLERK APP JED A LORMAND CORRECTNESS:V RO VILARELLO C ATTORNEY W3172:CSK fr s 1/ If the Mayor does not sign this Resolution, it shall become effective at r. the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3- 39- 41 f nT<<?;y; k+rwr'-?,•'i"%'r� a iaveazLS�),•ris .-.«n-s7 r,rv' f CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ro : The Honorable Mayor and Members DATE: December 16, 1998 FILE of the City Commission SUBJECT: Discussion Concerning the Legal Services of REFERENCES: Leibowitz & Assoc., P.A. 'ROM: bona4a5rs?a�w�__�� City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission consider whether to authorize the City Attorney to extend the engagement of the law firm of Leibowitz and Associates, P.A., as outside counsel, to provide advice, analysis, counsel, and other related services regarding the City of Miami's existing cable television license agreement and any matters relating to the proposed merger of TCI and AT&T and the proposed transfer of the cable television system from TCI to MediaOne or related matters and authorize the City Manager to extend the current agreement with said lacy firm, to provide advice, analysis, counsel, and other related services regarding the City of Miami's existing cable television license agreement .and any matters relating to the proposed merger of TCI and AT&T and the proposed transfer of the cable television system from TCI to MediaOne or related matters thereof, in a total amount not to exceed $100,000. Funds are to be allocated from Special Programs and Accounts, account code 921002-270. BACKGROUND: Leibowitz and Associates, P.A., was originally retained to provide advice, analysis, and counsel to the City regarding the existing cable television license agreement and franchise renewal in an amount not to exceed $100,000 in accordance with Resolution No. 95-744. In light of the fact that these funds had been fully expended, on October 28, 1997, the Miami City Commission approved Resolution No. 97-758.1 authorizing additional services with the Consultant in an amount not to exceed $35,000 to provide continuing consultant services as requested in writing by the City, from time to time. On April 14, 1998, the Miami City Commission approved Resolution No. 98-351 authorizing additional services with the Consultant in an amount not to exceed $100.000 and acknowledging the $35,000 previously approved, for a total expenditure not to exceed $135,000. The City has received notification from the law firm of Leibowitz and Assoc., P.A. that additional amounts not to exceed $50,000 per merger/transfer, a total amount not to exceed $100,000, will be needed to handle the legal matters pertaining to the AT&T merger and the MediaOne transfer. DHW/BWH/AGS/eeb 41 r i