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 ...
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