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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