HomeMy WebLinkAboutResolution 2004-019
A Resolution
NO. 2004-019
AUTHORIZING PARTICIPATION OF THE CITY OF NORTH RICHLAND
HILLS IN THE COALITION OF CITIES THAT PROPOSE TO INITIATE A
FORMAL HEARING PROCESS AGAINST CHARTER COMMUNICATIONS,
INC. TO ASSESS LIQUIDATED DAMAGES AND SUCH OTHER CAUSES OF
ACTIONS AS THE "STEERING COMMITTEE OF THE CITIES
PARTICIPATING IN THE CHARTER COMMUNICATIONS LIQUIDATED
DAMAGES LITIGATION" MAY DETERMINE; SEEKING LIQUIDATED
DAMAGES FROM CHARTER COMMUNICATIONS; AND AUTHORIZING THE
EXPENDITURE OF FUNDS FOR ATTORNEY AND EXPERT WITNESS FEES
AND OTHER COSTS ASSOCIATED WITH SUCH PROCEEDINGS
WHEREAS, a coalition of affected cities has proposed to initiate a
formal hearing process to assess liquidated damages for non-compliance
with the customer service standards in the City's agreement with Charter
Communications; and
WHEREAS, major issues in the assessment of those liquidated
damages are common to the city of North Richland Hills and other
municipalities in the Charter Communications service area; and
WHEREAS, a consolidated action by municipalities in the Charter
Communications service area that seeks liquidated damages will reduce
duplication of effort and the attendant legal, expert and court costs;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF NORTH RICHLANDHILLS THAT:
1. The City hereby agrees to participate with other similarly situated
Texas municipalities and join the City of Fort Worth in pursuing the formal
hearing process or other cause of action against Charter Communications
and other entities associated with Charter Communications to collect
liquidated damages for non-compliance with the customer service standards.
2, The City hereby agrees to pay: (i) $7,771 on or before March 15,
2004 to the Treasurer of the Steering Committee of the Cities Participating in
the Charter Communications Liquidated Damages Litigation as an initial
contribution toward the underwriting of the initial legal and expert witness
fees and other costs associated with the formal hearing process or
subsequent related causes of action; and (ii) such additional sums as the
City Council may deem necessary, in the City Council's sole discretion, up to
an aggregate amount not to exceed $11,657.
3. The Assistant to the City Manager, Paulette Hartman, shall be
the City's primary contact and liaison in this matter and shall be eligible to
serve on the Steering Committee of the Cities Participating in the Charter
Communications Liquidated Damages Litigation if elected by other
participating municipalities.
4. Notices to the City should be addressed as follows: City of North
Richland Hills, Attn: Paulette Hartman, 7301 NE Loop 820, North Richland
Hills, TX 76180, with a copy to Larry J. Cunningham at the same address.
ADOPTED this 11 th day of March, 2004.
By:
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P;rtricia 'f4'lJ'~IÖ~\~\ C~~cretary
APPROVED AS TO FORM AND LEGALITY:
BY:~
George Staples, City Attorney
APPROVED AS TO CONTENT:
By: fi~ ~
Paulette Hartman, Assistant to the City Manager