Explanation
BACKGROUND: This Ordinance authorizes the City Attorney, on behalf of the Department of Technology to settle and compromise a claim against Time Warner Cable for the underpayment of service permit fees in 2001, 2002, and 2003 pursuant to audit of the cable service provider under Columbus City Code 595.06 (F), in the amount of Two Hundred Forty Eight Thousand and no cents ($248,000.00), to be paid by Time Warner Cable within forty-five (45) days of passage of this Ordinance. This legislation authorizes the City Attorney to execute those documents necessary to resolution of this claim prior to the commencement of litigation.
FISCAL IMPACT: Funds recovered to be credited to the Department of Technology cable television fund.
EMERGENCY JUSTIFICATION: Emergency action is requested as not to unduly delay the benefit to the City from the proposed settlement.
Title
To authorize the City Attorney, on behalf of the Department of Technology, to settle and compromise a claim against Time Warner Cable for the underpayment of service permit fees in 2001, 2002, and 2003 pursuant to audit of the cable service provider under Columbus City Code 595.06 (F), in the amount of Two Hundred Forty Eight Thousand and no cents ($248,000.00), to be payable by Time Warner Cable within forty-five (45) days of passage of this Ordinance; and to declare an emergency.
Body
WHEREAS, in 1994, Time Warner Cable was granted a permit by the City pursuant to Columbus City Code § 595.05 to operate a cable communication system in the City. The permit expires in November, 2006; and
WHEREAS, Columbus City Code §595.08 states that each cable operator shall pay to the City, credited to the Department of Technology, five percent (5%) of its gross revenues, known as "service permit fees", on a quarterly basis to compensate for the costs of the City's regulation, obligations and duties under Columbus City Code 595 and for use of the streets and other p...
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