Explanation
Background: This ordinance authorizes the City Attorney to modify an agreement with special legal counsel in order to permit payment for successful recovery of cable service permit fees pursuant to review and to appropriate and authorize the expenditure of of the sum of Forty Thousand Dollars and no/cents ($40,000.00).
Contract Compliance: 310989925 Expiration 12/12/2005
Fiscal Impact: Funds are available within the 2005 budget for this expenditure.
Emergency Justification: Emergency action is requested to promptly conclude the cable service permit fee review.
Title
To authorize the City Attorney to modify an agreement for special legal counsel services for representatives of the law firm of Schottenstein, Zox & Dunn Co. LPA; to appropriate and authorize the expenditure of $40,000.00 from the cable television fund; and to declare an emergency. ($40,000.00)
Body
WHEREAS, contract EL 003362 with Shottenstein, Zox & Dunn Co. LPA for the cable permit fee review was authorized by Ordinance 0086-2003, passed January 27, 2003, and executed and approved by the City Attorney on February 10, 2003; and
WHEREAS, contract EL 003362 provided for anticipated future modification of the contract to provide for a success fee of 33 percent of the amount actually recovered by the City as a result of legal counsel's permit fee review efforts for all three (3) cable television providers in the City or $40,000.00 whichever is less; and
WHEREAS, the City recovered permit fees from Time Warner Cable on August 22, 2005 in the amount of $248,000.00 as a result of the services of representatives of the law firm of Schottenstein, Zox & Dunn Co. LPA under contract EL 003362; and
WHEREAS, the permit fee review of WideOpenWest and Insight Communications have been completed by legal counsel without additional recovery; and
WHEREAS, it is in the best interest of the City of Columbus to promptly conclude this matter, thus this ordinance is being submitted as an emergency measure to appropriate funds and modify the contract; and
WHEREAS, by reasons of the foregoing an emergency exists in the usual daily operations of the City in that it is immediately necessary to authorize the City Attorney to conclude this matter for the preservation of the public health, peace, property, safety and welfare, now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO
Section 1. That the City Attorney is hereby authorized to modify contract EL 003362 with representatives of the law firm of Schottenstein, Zox & Dunn Co. LPA in order to provide for further payment for successful recovery of permit fees pursuant to review.
Section 2. That the sum of $40,000.00 is hereby appropriated from the unappropriated monies in the cable communications fund 203, and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2005, to Department No. 47-01, Fund No. 203, OCA 289678, Object Level One Code 03, Object Level Three Code 3324.
Section 3. That for the purpose of paying the cost of said contract modification, the sum of $40,000.00, or so much thereof as may be necessary, be and hereby is authorized to be expended from Department No. 47-01, Fund No. 203, OCA 289678, Object Level One Code 03, Object Level Three Code 3324.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part thereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.