2008-160s:\our documenls\ordinances\08\charter litigation ordinance 2.doc
ORDINANCE NO. 200- ~~pO
AN ORDINANCE AUTHORIZING THE CITY'S ATTORNEYS TO INITIATE LITIGATION
AGAINST MARCUS CABLE ASSOCIATES, L.L.C. DBA CHARTER COMMUNICATIONS
AND IT'S AFFILIATES, SUCCESSORS AND ASSIGNS; AUTHORIZING THE CITY
ATTORNEY TO SEEK THE ASSISTANCE OF OUTSIDE COUNSEL; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City has undertaken negotiations with Marcus Cable Associates, L.L.G.,
dba Charter Communications ("Charter Communications") to resolve issues relating to the
operation of the public access cable channel, public access studio, and other matters as provided
in Charter's Franchise Agreement with the City of Denton, amendments thereto, and applicable
City Ordinances; and
WHEREAS, the City Council deems it in the public interest to pursue any and all legal
action, including litigation against Charter Communications; and
WHEREAS, the City has retained Wolfe, Tidwell & McCoy, LLP and Clark McCoy for
the purpose of providing counsel services; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City's attorneys (including Wolfe, Tidwell & McCoy, L.L.P. and
Clark McCoy) are hereby authorized to initiate litigation against Charter Communications and to
take all other action necessary to favorably resolve all outstanding issues with Charter
Communications.
SECTION 2. The City Attorney is authorized to retain the services of Wolfe, Tidwell &
McCoy, L.L.P. and Clark McCoy to assist in this litigation.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 154day of '2008.
MA A. UR S A OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~~iri°
s:\our documents\ordinanccs\08\chartcr litigation ordinance 2.doc
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY: 6