HomeMy WebLinkAboutR-84-11623 9
J-84-833
10/2/84
RESOLUTION NO. 84--iJL62
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE PROFESSIONAL SERVICES AGREEMENT
WITH LAW FIRM OF ARNOLD AND PORTER, IN AN
AMOUNT NOT TO EXCEED $50,000 IN CONNECTION
WITH SERVICES IN CONJUNCTION WITH REPRESENTA-
TION RELATING TO THE CABLE TELEVISION LICENSE
FEE WAIVER PETITION PENDING BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION ON BEHALF
OF THE CITY OF MIAMI, AND FOR 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
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
Cable Television License Fee Waiver Petition; and
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 No. 84-605 authorized the City Manager
to extend the professional services agreement with the law firm
of Arnold and Porter in connection with representation relating
to the City of Miami's cable television license fee waiver
petition before the Federal Communications Commission and for
other legal services that may be required in conjunction with the
City's cable television license ordinance; and
WHEREAS, the Federal Communications Commission 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 has filed a Petition for
CITY COUMSSI01
M£ETINc; OF
OCT 10
Oil 09.. .
=I
Reconsideration and Clarification before the FCC; and
WHEREAS, pertinent issues and interests with respect to the
City's regulatory process have been raised for FCC determination=
and
WHEREAS, further expert services of Arnold and Porter will
be needed by the City of Miami during the course of full review
by the FCC with respect to the fee waiver petition; and
-_; WHEREAS, the City's fee waiver petition will need further
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 implementation issues and
='. performance audit projects by the City Manager; 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:
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
•f
presentations necessary during the course of full review by the
FCC of said fee waiver petition on behalf of the City of Miami,
and to include other legal services that may be required with
various license ordinance implementation issues and performance
audit projects 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 10_ th day of October, 1984.
ATTEST:
(fF;�/RALPH
,-::
G.
City Clerk
Maurice A. Ferre
MAORSZ A. FERREj Mayor
PREPARED AND APPROVED SY1
pap &-wdgfiw&4 Afz-
UIAN J III
Deputy Ci ttorney
APPROVED J�Ao AN CORRECTNESS
LUCIb/A. DOUGHERTY
City Attorney
AQj/wpc/ga/141
7
i
CITY OF MIAMI, FLORIDA
72 INTER -OFFICE MEMORANDUM
TO: Howard V. Gary DATE: September 28, 1 984 nLEt
City Manager
SUBJECT: Resolution Extending
Legal Services Agreement
with the Law Firm of
gloarlkMer ill Arnold and Porter
FROM! Assistant to the City Manager for REFERENCEfe
Intergovernmental Affairs/Cable
ENCLOSURES: Resolution
It is recommended that the attached
Resolution authorizing the City Manager
to extend the agreement with the law
firm of Arnold and Porter for legal
services for the filing of the City's
Cable Television Fee Waiver Petition to
the Federal Communications Commission
(FCC) be presented to the City
Commission for its approval.
Since last .June the Cable Licensee has made at least 3 filings
with the FCC that required a response from the City through
Arnold and Porter, The FCC Cable Licensees approach has been to
request the FCC to invalidate certain provisions of the Miami
Cable License ordinance to which they have been previously agreed
to abide by.
It is important to continue our efforts in Washington D.C. in
order to protect the conditions of the Cable License ordinance
that provides for a basic level of services to the citizens of
the City of Miami.
Baring any unforeseen circumstances this authorization should
carry us through the FCC Fee Waiver Petition process.
& A "A A".: � �