2004-181oRDINANcE No. / ¢ /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING A
CONFIDENTIAL SETTLEMENT AGREEMENT WITH MARCUS CABLE ASSOCIATES,
L.L.C., D/B/A CHARTER COMMUNICATIONS; AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY
AND ALL DOCUMENT8 NECESSARY TO EFFECT SUCH AGREEMENT; REQUESTING
CHARTER TO COLLECT A PUBLIC, EDUCATION AND GOVERNMENT (PEG) FEE, AND
TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE
AGREEMENT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on April 19, 2002 the City of Denton, ("City"), notified Marcus Cable
Associates, L.L.C. dgo/a Charter Communications, ("Charter"), Charter that the Audit of the
methodology used to determine "abnormal operating conditions" during which time Charter is
allowed to adjust the number of calls answered under the telephone answering standard required
by the federal Cable Act,
WHEREAS, the Audit was conducted by C2 Consulting Services, Inc for the period
January 1, 2001 through June 30, 2002; and
WHEREAS, Charter disagrees with C2's findings in the Customer Service Standard
Audit; and
WHEREAS, the City and Charter wish to enter into a Confidential Settlement Agreement
to settle their dispute relating to the Customer Service Standard Audit.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals set forth in the preamble of this ordinance are incorporated by
reference, herein.
SECTION 2. The Confidential Settlement Agreement, dated June 1, 2004 is hereby
approved, and the City Manager is hereby authorized to execute said Agreement and other related
documents deemed by the City Manager and the City Attorney to be necessary to conclude the
Agreement.
SECTION 3. The City Council hereby requests that Charter shall collect, from all Charter
cable subscribers within the city limits of Denton, a Public, Education and Government, ("PEG")
fee in the monthly amount of fifty cents ($.50) for assisting in financing local PEG operations.
The PEG fees shall be paid in accordance with the settlement agreement and shall be set out as a
separate line item on all subscriber bills and shall not be deemed a payment for basic services,
but a pass-through of an access and government programming fee.
SECTION 4. The City Attorney is hereby authorized to provide Charter, through their
attorneys, a fully executed copy of this ordinance and a fully executed original of the Confidential
Settlement Agreement.
SECTION 5. The original executed Confidential Settlement Agreement of June 1, 2004
shall be filed with the City Secretary and marked "Confidential" as required by law.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the/.U~;J~_~day of June, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY