2004-016RESOLUTION NO. 04-016 OFFICIAL RECORD
AUTHORIZING PARTICIPATION OF THE CITY OF SOUTHLAKE 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; PROVIDING FOR
AN EFFECTIVE DATE.
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 Southlake and other municipalities in the Charter Communications service area; and
WHEREAS, a consolidated action by municipalities in the Charter Communication
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
SOUTHLAKE, TEXAS THAT:
Section 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.
Section 2. The City hereby agrees to pay: (i) Three thousand, nine hundred and
sixty one dollars ($3,961) on or before March 5, 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 Six thousand dollars
6,000).
Section 3. Billy Campbell. Citv Manazer. or his designee shall be the City's primary
contact and liaison in this matter and shall be eligible to serve on the Steering Committee of the
Resolution No. 04-016
March 2, 2004
Page 2 of 2
Cities Participating in the Charter Communications Liquidated Damages Litigation if elected by
other participating municipalities.
Section 4. Notices to the City should be addressed as follows: Citv of Southlake,
Attn: Billy Campbell, Citv Manager, 1400 Main Street, Suite 460, Southlake. Texas 76092,
with a copy to John Eaglen, Assistant to the Citv Manager at the same address.
Section 5. That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED THIS 2M DAY OF I afO h , 2004.
a 4-P-oj
Lori A. Farwell, City Secretary
Airtdy Warn sganss, Mayor