NUMB:
981741
VERS:
SUBSTITUTE 3
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution reserving $180,000 from the Common Council Contingent Fund for use by the Director of the Department of Administration for the continuation of consulting services to assist in the implementation of alternative cable television franchise renewal strategies.
ANLS:
- Analysis -
This resolution authorizes the Director of the Department of Administration, with the assistance of the Offices of the City Attorney and City Comptroller, to undertake the completion of the needs assessment process which would lead to the issuance of a request for proposals for renewal of the City's current cable television franchise with Time Warner Entertainment, LP, under the formal renewal process established by 47 U.S.C. sec. 546(a)-(g).
BODY:
Whereas, Pursuant to Common Council Resolution File No. 961746, passed March 21, 1997, the Director of the Department of Administration, along with the Office of the City Attorney and Office of the City Comptroller, have been engaged in an informal process, authorized under 47 U.S.C. sec. 546(h), to renew the City's current cable television franchise agreement with Time Warner Entertainment, LP ("TWE"); and
Whereas, The City negotiators have, after having received negotiation directions from the Utilities and Licenses Committee, met numerous times with negotiators from TWE to attempt to reach a renewal franchise agreement under the informal renewal process; and
Whereas, Those negotiators have reached a tentative agreement on a renewal franchise agreement and certain revisions to Chapter 99, Milwaukee Code of Ordinances, which tentative agreement was within the negotiation parameters established by the Utilities and Licenses Committee; and
Whereas, Prior to the submission of the tentative agreement and changes to Chapter 99 to the full Common Council for consideration and approval, the City negotiators asked for a written commitment from an authorized representative from TWE which committed TWE and its successor in interest, Time Warner of Southeastern Wisconsin, LP (hereinafter collectively referred to as "Time Warner"), to the negotiated renewal franchise agreement, changes to Chapter 99, MCO, and other ancillary agreements; and
Whereas, On March 5, 1999, Time Warner provided a contingent commitment to the negotiated renewal documents, which conditioned final approval on the resolution of certain rate matters; and
Whereas, In reply to Time Warner's conditional commitment to the franchise renewal documents, the Director of the Department of Administration, on March 5, 1999, indicated a willingness to commit to an expedited review of the identified Time Warner rate issues if Time Warner would unconditionally commit to the execution of the negotiated renewal documents; and
Whereas, Time Warner has not unconditionally committed to the execution of the negotiated renewal documents; and
Whereas, In order to protect the City's interest in the renewal of the current cable television franchise agreement, the Director of the Department of Administration has recommended the following:
1. Completion of a needs assessment process which would underpin the issuance of a request for a renewal proposal to TWE under the formal renewal process; and
2. Provision of the necessary funding for the cost of retaining consultants to assist in the completion of the needs assessment process and other aspects of the formal renewal process; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Director of the Department of Administration is directed to complete the needs assessment process which would underpin the issuance of a request for a renewal proposal for the cable television franchise agreement with Time Warner Entertainment, LP, under the formal franchise renewal process authorized under 47 U.S.C. sec. 546(a)-(g); and, be it
Further Resolved, That $180,000 be reserved within the 1999 Common Council Contingent Fund Sub-class C-001 for potential transfer for the aforementioned purpose; and, be it
Further Resolved, That the City Comptroller is hereby authorized and directed to transfer on an as needed basis, up to the amount of $180,000, from the 1999 Common Council Contingent Fund Sub-class C-001 to a Special Sub-class within the Contingent Fund under control of the Director of the Department of Administration for the retention of consultants to assist in the completion of the needs assessment process and other aspects of the formal cable television franchise renewal process; and, be it
Further Resolved, That all agreements for expenditure of funds pursuant to this resolution shall comply with Section 360-06-1, Milwaukee Code, relative to disadvantaged business enterprise participation in City contracts.
DFTR:
City Attorney's Office
PBMcD:dms
4/14/99
19414
MCW/LRB
4/19/99