HomeMy WebLinkAboutR-85-027511
s;l J-85-129
1/30/85
RESOLUTION NO. 85--275
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE PROFESSIONAL SERVICES AGREEMENT
WITH THE LAW FIRM OF ARNOLD AND PORTER, IN
AN AMOUNT NOT TO EXCEED $50,000, IN
CONNECTION WITH SERVICES IN CONJUNCTION WITH
REPRESENTATION RELATING TO THE CABLE
TELEVISION LICENSE FEE WAIVER PETITION
PENDING BEFORE THE FEDERAL COMMUNICATIONS
COMMISSION ON BEHALF OF THE CITY OF MIAMI,
AND FOR SUCH OTHER LEGAL SERVICES THAT MAY
BE REQUIRED IN CONJUNCTION WITH THE CITY'S
CABLE TELEVISION LICENSE ORDINANCE.
WHEREAS, on December 8, 1983, the City Commission adopted i
Resolution No. 83-1107, which extended the professional services
agreement authorized in Resolution No. 82-602; and
WHEREAS, Resolution No. 82-602 authorized the City Manager
to utilize the law firm of Arnold and Porter for preparing a '
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Cable Television License Fee Waiver Petition; an
WHEREAS, Resolution No. 83-1107 authorized the City Manager
to utilize the law firm of Arnold and Porter for other legal
services in conjunction with the City's cable license ordinance;
and
WHEREAS, Resolution Nos. 84-605 and 84-1162 authorized the
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City Manager to extend the professional services agreement with
the law firm of Arnold and Porter in connection with
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representation relating to the City of Miami's cable television
license fee waiver petition before the Federal a Communications
}_
Commission (hereinafter "FCC") and for other legal services that
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may be required in conjunction with the City's cable television
license ordinance; and
WHEREAS, the FCC Mass Media Bureau issued a Memorandum
Opinion and Order on June 29, 1984 granting the City's request
for a 5% fee waiver, delineating restrictions on the City's
regulatory process over its cable licensee pursuant to the cable
television license ordinance; and
WHEREAS, the cable licensee filed a Petition for
Reconsideration and Clarification before the FCC; and CITY COMMISSION
MEETING OF
MAR 21 1985 CC
RESOWlioN nlo.8 "' air
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WHEREAS, the FCC released an order on December 19, 1984
+a� dismissing the City of Miami's petition for a franchise fee
waiver, including other pending petitions as moot; and
WHEREAS, the Cable Communications Policy Act of 1984 became
effective on December 29, 1984, establishing a national policy
with respect to cable communications and providing for the
exercise of federal, state and local regulation of cable systems;
and
WHEREAS, Miami Cablevision, cable licensee of the City of
Miami, filed a Motion for Stay on January 22, 1984 of the
December 19, 1984 Order of the FCC; and _
WHEREAS, Miami Cablevision filed an Application for Review
with the FCC on January 22, 1985 seeking consideration by the FCC~
s
of its jurisdiction to determine the scope and application of the
Cable Communications Policy Act of 1984, particularly with
respect to the lawfulness of franchise fees and contributions
required under the City of Miami Cable Television Ordinance No.
9332; and
WHEREAS, the pertinent issues raised for FCC determination
will have both local and national implications; and
WHEREAS, proceedings before the FCC with respect to the City
i
of Miami's fee waiver petition will require the further
utilization of the expert services of Arnold and Porter in
Washington, D.C. to conduct and make all presentations on behalf
of the City, and to include other legal services that may be
required in
conjunction with various
license
ordinance implementa-
ion issues
relative to the City's
cable
television license
ordinance; and
WHEREAS, the services of Arnold and Porter are to be
coordinated by the City Manager and assisted by the City
Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
-= 'a- 85-275
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Section 1. The City Manager is hereby authorized to
extend the professional services agreement with the law firm of
Arnold and Porter for the purpose of conducting and making all
presentations necessary before the FCC on behalf of the City of
Miami with respect to its fee waiver petition and to include
such other legal services that may be required with various
license ordinance implementation issues in conjunction with the
City's cable license ordinance.
Section 2. A sum not to exceed $50,000 is hereby
allocated from the amount appropriated for Special Revenue Funds,
Cable Television.
PASSED AND ADOPTED this _21st day of March , 1985.
ATTEST: Maurice A. Ferre
MAURICE A. FERRE, Mayor
fCity
&H G. ONGIE Clerk
PREPARED AND APPROVED BY:
Deput
APPROVE
City Attorney
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AND CORRECTNESS:
-3-
85--2'75
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CITY OF MIAM1. FLORIDA
52 INTER -OFFICE MEMORANDUM
TO Randolp4--j;7Rosencrantz DATE: March 7, 19 85 FtLE:
City Manage
` SUBJE=T
Resolution Extending Arnold &
Porter Representation Agreement
FROMLucla DougheREFERENCES-
City Attorney ` Commission Agenda 3/21/85
ENCLOSURES
The above -referenced resolution was scheduled on
the City Commission Agenda of February 14, 1985 (Item
#69), but not taken up. We are requesting that this
proposed resolution be considered on the March 21st
City Commission Meeting Agenda and are recommending
its adoption.
LAD/cm
cc: Merry Sue Smoller
office of Cable Communications
A. Quinn Jones, III
Deputy City Attorney
85-!-2'75
Nil
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
To: Randolph B. Rosencrantz
City Manager
DATE January 31, 198r"'
SU8JECT: Arnold & Porter -
Extension of Profes-
sional Services
FROM: REFERENCES: Agreement
ark Mer i 11
Assistant to the City Manager for ENCLOSURES:
Intergovernmental Affairs/Cable Resolution
"It is recommended that the attached
Resolution extending the Professional
Services Agreement of the law firm of
Arnold & Porter to represent City
issues now before the Federal
Communications Commission, be
presented to the Commission for
adoption at the February 14, 1985
meeting."
On January 22, 1985, Miami Cablevision, cable licensee of the
City of Miami, filed a Motion for Stay of the FCC's Order of
December 19, 1984, which dismissed the City of Miami's fee waiver
petition as moot in light of the recently enacted Cable
Communications Policy Act of 1984 which became effective on
December 29, 1984.
Miami Cablevision also filed an Application for Review with
FCC on January 22, 1985, seeking review of the lawfulness of
franchise fee payments and contributions required under City
Miami Cable Television License Ordinance No. 9332 in light of
new legislation.
the
the
of
the -
It will be necessary to extend the Professional Services
Agreement with the Washington, D. C. law firm of Arnold & Porter
in an amount not to exceed $50,000, in order to effectuate
representation of the City of Miami's interests during the course
of the FCC proceeding.
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
TO Randolph B. Rosencrantz
City Manager
FROM Clark Merrill
Assistant to City Manager for
Intergovermental Affairs/Cable
DATEJanuary 31, 1985
SUBJECT Arnold & Porter
of Professional
Agreement
REFERENCES
ENCLOSURES
FILE.
- Extension
Services
On January 22, 1985, Miami Cablevision, cable licensee
of the City of Miami, filed a Motion for Stay of the FCC's Order
of December 19, 1984, which dismissed the City of Miami's fee
waiver petition as moot in light of the recently enacted Cable
Communications Policy Act of 1984 which became effective on
December 29, 1984.
Miami Cablevision also filed an Application for Review
with the FCC on January 22, 1985, seeking review of lawfulness
of the franchise fee payments and contributions required under
City of Miami Cable Television License Ordinance No. 9332 in
light of the new legislation.
It will be necessary to extend the Professional Services
V Agreement with the Washington, D.C. law firm of Arnold & Porter in
an amount not to exceed $50,000, in order to effectuate representa-
tion of the City of Miami's interests during the course of the FCC
proceeding. It is therefore recommended that the attached Resolution
be presented to the Commission for adoption at the February 14, 1985
meeting.
CM/AQJ/cm
Enc.
85-2'7-