HomeMy WebLinkAboutR-99-0672J-99-762
9/21/99
RESOLUTION NO. w V
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 ALL LEGAL, CONSULTING, ADVICE,
ANALYSIS, COUNSEL AND RELATED SERVICES
REGARDING ALL CABLE TELEVISION ISSUES
AFFECTING THE CITY OF MIAMI, INCLUDING
PREPARATION, REVIEW AND COUNSEL RELATING TO
ALL NECESSARY ORDINANCES AND AGREEMENTS, WITH
RESPECT TO TCI, AT&T OR MEDIAONE, PARENT
COMPANIES, OR SUBSIDIARIES/AFFILIATES
CONTROLLED BY THEM (THE "PRESENT PARTIES"),
CONCERNING AND UNTIL THE SUCCESSFUL
COMPLETION OF THE ONGOING CABLE TELEVISION
LICENSE INFORMAL RENEWAL PROCESS, BUT
EXCLUDING THEREFROM FEES AND COSTS FOR
LITIGATION AND ADMINISTRATIVE HEARINGS OR
APPEALS, IF ANY, AND ANY NEW MATTERS, OR
MATTERS RELATING TO A NEW PARTY IN WHOLE OR
IN PART; ALLOCATING FUNDS THEREFOR, FOR A
TOTAL AMOUNT NOT TO EXCEED AN ADDITIONAL
$50,000, FROM SPECIAL PROGRAMS AND ACCOUNTS,
ACCOUNT CODE NO. 920205-250, FOR SAID
SERVICES.
WHEREAS, the law firm of Leibowitz and Associates, P.A.
("Consultant") was retained pursuant to Resolution No. 95-744 to
provide advice, analysis 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; and
WHEREAS, upon depletion of the above funds, the City
Commission adopted Resolution No. 97-758.1 on October 28, 1997,
CITY C01SION
MEETING OF,
S E P 2 1 1999
Resolution No.
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continuing services in an amount not to exceed $35,000; and
WHEREAS, pursuant to Resolution No. 98-351, adopted
April 14, 1998, the 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, pursuant to Resolution No. 99-41, adopted
January 12, 1999, the City Commission authorized additional
services from the Consultant in an amount not to exceed $100,000;
and
WHEREAS, the total sum paid to consultant as of May 1999 is
$335,000; and
WHEREAS, pursuant to Resolution No. 99-377, adopted
June 8, 1999, the City Commission authorized additional services
from the Consultant in an amount not to exceed $65,000; and
WHEREAS, the City has been notified by Leibowitz and
Associates, P.A. that additional funds, for a total amount not to
exceed an additional $50,000, will be required for Consultant to
continue providing legal, consulting, advice, analysis, counsel
and related services regarding cable television issues affecting
the City, as more particularly set forth herein below;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
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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 all legal,
consulting, advice, analysis, counsel and related services
regarding all cable television issues affecting the City of
Miami, including preparation, review and counsel relating to all
necessary ordinances and agreements, with respect to TCI, AT&T or
MediaOne, parent companies, or subsidiaries/affiliates controlled
by them (the "Present Parties"), concerning and until the
successful completion of the ongoing cable television license
informal renewal process, but excluding therefrom fees and costs
for litigation and administrative hearings or appeals, if any,
and any new matters, or matters relating to a new party in whole
or in part, with funds therefor, for a total amount not to exceed
an additional $50,000, hereby allocated from Special Programs and
Accounts, Account Code No. 920205-250, for said services.
Section 3. This Resolution shall become effective
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-672
immediately upon its adoption and signature of the Mayoril.
PASSED AND ADOPTED this 21st day of September , 1999•
JOE CAROLLO, MAYOR
In accordance with Miami C
this legislation by sic^.
becomes effective
►soarfg same, without the mayu;
ATTEST:
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YV ter .Foe n, City Clerlt���T
WALTER J. FQ-1 V
CITY CLE
APPROXD AS, FQP'1M CORRECTNESS
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it 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.
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