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HomeMy WebLinkAboutR-83-1107J-83-1031 11/16/83/mis or RESOLUTION NO. 8 3-110'7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $30,000 WITH THE LAW FIRM OF ARNOLD & PORTER, IN CONNECTION WITH REPRESENTATION AS IT RELATES 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 9, 1982, the City Commission adopted Reso- lution No. 82-1128, 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 Tele- vision License Fee Waiver Petition; and WHEREAS, said petition is required by the Federal Communications Commission (FCC), whenever the City's license fee is from 3% to 5% of the gross subscriber revenue; and WHEREAS, Arnold and Porter has submitted a fee waiver petition which is presently pending before the FCC; and WHEREAS, said fee waiver petition will need further expert services of Arnold and Porter in Washington, D.C. to conduct and make all presentations necessary to achieve the FCC's approval of said fee waiver petition; and WHEREAS, said services of Arnold and Porter are to be coordi- nated by the City Manager and assisted by the City Attorney; .Mo 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 presentations necessary to achieve the FCC's approval of said fee waiver petition on behalf of the City of Miami and to include other legal services that may be required in conjunction with the City's cable license ordinance. CITY COMMISSION MEETIP+G OF DEC 8 1983 83-11. . r M Section 2. A sum not to exceed $30,000 is hereby allocated from the amount budgeted for the Office of Intergovernmental Af- fairs for the additional services authorized herein. PASSED AND ADOPTED this 8th day of December , 1983. ATTEST: RALP G. ONGIE, CITY CLFAW PREPARED AND APPROVED BY: AA A. QU N , III DEPUT CIT TTORNEY APPROVED AS TO FORM AND CORRECTNESS: A.� E R. GARCIA-PEDROSA PTY ATTORNEY Page 2 of 2 Maurice A. Ferre M A Y O R 83-110'7 Me A CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM TO: Howard V. Gary DATE November 16, 1983 PILE City Manager s U eJECT Extending Agreement with Law Firm of Arnold & Porter to Continue th, FCC Fee Waiver Petition Process FROM Merry Sue Smoller /� OECERENCE9 Assistant to the City Manager for Cable Communications ENCLceLREe Resolution/City Commission Agenda for December 8, 1983 "It is recommended that the City Manager be authorized to extend the professional services agreement in an amount not to exceed $30,000 with the law firm of Arnold & Porter, in con- nection with representation as it relates to the cable television license fee waiver petition pending before the Federal Communications Com- mission 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." The City staff and Arnold & Porter are working to achieve approval by the Federal Communications Commission of the City's petition seeking a waiver of the Commission's three percent franchise fee limitation and requesting permission to assess a five percent fee on the City's cable licensee. The fee waiver petition and subsequent tions on behalf of the City to the FCC & Porter. Until such time that the FCC a final determination, it is necessary expertise and experience of Arnold and cated from the amount budgeted for the Affairs/Cable not to exceed $30,000 for Porter necessary to achieve approval of MSS:mis reply comments and representa- have been submitted by Arnold completes its review and makes to continue to maintain the Porter. Funds should be allo- Office of Intergovernmental such services by Arnold & the rive percent license fee. 83-1107