HomeMy WebLinkAboutR-82-1128J-82-198
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RES0I.I.1T [ON N0. 82-1128
A RESOLUTION AUTHORII_ING THE CITY MANAGER TO
EXTEND THE PROFESSIONAL SERVICES AGREEMENT
WITH THE LAW FIRM OF ARNOLD AND PORTER FOR
THE PURPOSE OF PREPARING AND PRESENTING A
CABLE TELEVISION I_ICI=NSE FEE WAIVER PETITION
TO THE FEDERAL COMMUNICATIONS COMMISSION ON
BEHALF OF THE CITY OF ill AM[ AND FOR OTHER
LEGAL. SERVICES THAT MAY BE RFQUIRE1) IN
CONJUNCT [ON WITH THE CITY'S CABLE TELEVISION
LICENSE ORDINANCE ALLOCATING FROM THE FUNDS
BUDGETED FOR THE OFFICE OF INTERGOVERNMENTAL
AFFAIRS A SUM NO TO EXCEED $60,000 FOR SUCH
INCREASE OF SERVICES.
WHEREAS, on June 24, 1982, the City Commission adopted
Resolution No. 82-8n2; and
WHEREAS, said Resolution authorized the City Manager to
ut.i1ize the law firm of Arnold and Porter for preparinq a Cable
Television License Fee Waiver Petition; and
WIJERI-AS, said petition i,; required by the Federal Communi-
cat. ions Commission ;FCC's, whenever the City's license fee is from
3°o to 5 of the (7ross subscriber revenue; and
WHERLAS9 Arnold and Porter ha'i completed the first draft of
said fee waiver pet it ion that is now being reviewed by City
,tff; and
WHE:RI-AS, said Fee waiver petition will need the expert
services of Arnold and Porter in Washington, D.C. to supervise
and make all presentations necessary to achieve the FCC's
approval of said fee waiver pgtiion ; and
W H F R F A S 9 9 3 i d services of Arnold anti Porter are to be
coordinated by the City Manager and assisted by the City
Attorney;
NfIW, THFR -1 ORE,
BE I f RESOLVED
BY THE COMMISSION OF fHE C[ fY
OF MIAMI, FLORDIA:
Section 1. The
City Manager
is hereby authorized to extend
the professional serviros agreement.
with the law firm of Arnold
and Porter for the
purpose of preparing and presenting a cable
television license
fee waiver to
the Federal Communications
CITY COMMISSION
MEETING OE
O E C 3 1982 ;
82"'T12
aN
RESO , ...MM.0
i
Commission on behalf of the City of Miami and to include other
legal services that may he squired in conjunction with the
City's r,ah1A Iirense ordinance.
Ser_tion 2. A sum not to exceed $60,001) is hereby allocated
from the amount budgeted for the Office of Interqovernmental
Affairs for the nd,lit.ional services authorized herein.
PASSED AND ADOPTED this 9 day of DECEMB , 1982.
MAURICE A. FERRE
M A Y O R
ATTEST:
RALPI Jf;, ONGIE, CI TY CL.El
PRI=PARED AND APPROVED HY:
R011ERT E. CLAR
OI-PI) T Y CITY Ai TORNEY
APP20\1rl) AS If) FORM AND COHf3L('TNESS:
OSE R. GARCIA-PEDROSA
CITY ATTORNEY
-2-
82- 12H
9
I
31
Howard V. Gary
City Manager
i
ark Me i l l
Assistant to the City
for Intergovernmental
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
DATE November 24, 1982 -c
SL9:E:-Extending the Agreement with the
Law Firm of Arnold and Porter to
Continue the FCC Fee Waiver
Petition Process.
REFERENCES
Manager
Affairs ENCLOSURES Resolution.
"It is recommended that the attached Resolution
authorizing the City Manager to extend the
professional services agreement with the law firm
of Arnold and Porter for the purpose of preparing
and presenting a cable television license fee
waiver petition to the Federal Communications
Commission on behalf of the City of Miami, and
_ allocating from FY 1982-83 budgeted funds, a sum
not to exceed $60,000, be presented to the City
Commission for their consideration."
The Federal Co- unications Commission requires a fee waiver petition to
be approved for cities that require a 5% license fee to be paid by the
cable television licensee. The law firm of Arnold and Porter has
prepared a draft of a petition that is appropriate for the City of
Miami to present to the FCC. Because of the technical complexities
involved in this process and the great importance that such approval
for the Miami petition would have on future collections of cable
television fee revenues, it is essential that we continue the services
of Arnold and Porter until such time as the City has resolved this
issue with the FCC.
This expenditure of funds was anticipated at the time that the FY 82-83
budget request for Intergovernmental Affairs was presented to the City
Commission for their approval. The first phase of the fee waiver petitiot
was funded directly from Cable Trust and Agency funds that was appro-
priated by Ordinance #9458 and allocated by Resolution. #82-802 by the
City Commission on June 24, 1982.
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