HomeMy WebLinkAboutR-82-0602RtSOLNTION NO 104 � �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A PROFESSIONAL SERVICES AGREEMENT
WITH THE LAW FIRM OF ARNOLD & PORTER FOR THE
PURPOSE OF PAtPARING A CABLE LICENSE FEE
WAIVER PETITION TO THE FEDERAL COMMUNICATIONS
COMMISSION AND OTHER LEGAL SERVICES THAT MAY
BE REQUIRED IN CONJUNCTION WITH: THE CITyt8
CABLE LICENSE ORDINANCE AND ALLOCATING FRO14
THE MIAMI CABLE COMMUNICATIONS AGENCY TRUST
AND AGENCY FUND A SUM OF $40t000 FOR SAID
SERVICES.
WHEREAS, the City of Miami adopted Cable Television Li-
cense Ordinance No. 9332 on October 19, 1981; and
WHEREAS, said ordinance requires the cable licensee to
pay to the City of Miami a five percent (5%) license fee; and
WHEREAS, the cable television license requires extensive
City regulation and performance requirements of the cable licensee;
and
WHEREAS, the City's; regulatory effort as described in
said cable television license ordinance will require the use of
said license fees; and
WHEREAS, the Federal Communications Commission rules and
regulations require that a cable license fee in excess of three per-
cent (3%) requires a petition for a waiver to allow a fee up to five
percent (5%) as required by the City's regulatory effort; and
WHEREAS, said waiver must be approved by the Federal Com-
munications Commission in order to allow the cable operator to pay
said fee in excess of three percent (3%); and
WHEREAS, the City of Miami has retained the law firm of
Arnold & Porter for the purpose of drafting the City of Miami's
cable television license; and
WHEREAS, said law firm, because of its familiarity with
the Miami cable television license and the procedures of the Federal
Communications Commission, is eminently qualified to prepare a fee
Waiver petition on behalf of the City of Miami in conjunction With
the City Attorney and the City Manager; and
WHEREAS, this issue needs to be resolved at an early time
in order to prevent any future diffic4ity with the Fe
cations Commission; and Crff COMMISSION
aMING OF
'JUN2 4 1982
w►e.�uswsnu
on dune 24, 1902 establishing a new Trust and Agency Pund entitled
"Miami. Cable Communications Ageney," and appropriating funds for
the operation of same in the amount of $100,000;
NOWT, THEPEPOPE, $E IT RESOLVED By THE COMMISSION OP THE
CITY OF MIAMI, PLORIDA.,
Section 1. The City Manager is hereby authorized to
enter into a professional services agreement with the law firm of
Arnold & Porter for the purpose of developing a fee waiver petition,
utilizing City staff as needed, which petition would permit the
City of Miami to collect a five percent (5%) license fee from the
cable licensee and to submit such petition when approved by the
City Manager and the City Attorney to the Federal Communications
Commission for their approval.
Section 2. A sum not to exceed $40,000 is hereby allocated
for the above services including other legal services as may be re-
quired in conjunction with the City's cable license ordinance.
PASSED AND ADOPTED this day of , 1982.
M A Y O R
EST:
V
00
z7--PHG. ONGIE
TY CLERK
PREPARED AND APPROVED BY:
h 4W it&x4ox-
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO _.F(3PM-MD C CTNESS :