2008R10- Time Warner FranchiseRESOLUTION NO. R-08-10
A RESOLU'T'ION I3Y THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A CABLE TELEVISION
FRANCHISE MANAGEMENT SERVICE AGREEMENT
WHEREAS, tl~e City of Scltertz desires to regulate and oversee the provision of cable
television services;
WHT;REAS, Local Government Serrtices, LLC has available a cable television franchise
jnanage~x~ent service to assist the City in such regulation;
NOW THEREI{ORE BE 1Z' RESOLVED, that the Cit}~ <<Ianager of t1~e City of Schertz is
hereby authorized to execute a cable televisio~l fra3~chise 3~~anagenlent service agreement on behalf of
tl~e Cit}r, in substantially the same form as Appendix A which is attached to and made a part of this
resolution.
PASSED, APPROVED AND ADOP'1,ED this the 18th clay of March, 2008.
A"1~TEST:
B
City ecretary
City of Schertz
APPENDIX A
AGREEMENT BE"IyWEEN
TI-IE CI'I"Y OP SCHERT7, TEXAS
AND
LOCAL GOVERNMEN"h SERVICES, LLC
p'OR CABLE TELEVISION FRANCHISE MANEIGEMI?NT SERVICES
WHEREAS, the City of Schertz ("City"} desires to provide regulation acid oversight of cable
television seIvices being provided to the citizens of the Cit};
WHEREAS, Local Government Services, LI~C ("LGS") has available a cable television franchise
n~arlagenlent service offered tlu~oltgh a Joint Service Agreement with LGS as an independent
contl•actor of the Texas Mrtnicipal Leagcre; and
WI-IEREAS, the City has a need for such cable television franchise Inallagemerlt service.
THEREI~OItE, "I'HE CITY ANI) I..GS AGREE AS FOLLOWS:
Section l . Service o ~tions rovided to tl~e City of Schertz
I,GS agrees to provide, directly or dlrouglt its agents or subcontractors, the follotviltg service
options chosen by the City, which are to be known fts the LGS Cable Television i~l•arlcilise
Management Service:
a) Negotiating to~i7er rental fees or pole attaclltnent fees, if applicable.
13) __xAssist the Cit}r in perforr~~ing a franellise fee paynZent review to determine compliance
with City's Cable Television 1~rarlchise Ordinance related to franchise fee payments including a
,jurisdictional coding test to determine if City streets have beers cor'1'ectly coded in the cable
colt~pany's billing database.
e) Transfer Review: Evaluating anti resporzcling to request for approval of~ fr•ar~cltise
transfer; drafting transfer ordinance or resolution granting or denying transfer request.
Ili the event that the City at a later dale desires to obtain adciilior~al OI• repeat services offered
pursuant to this Section 1, the parties to the agreement may execute alt aciclendcrm or addenda to this
agreement for the City to obtain such services
Sectiol~ 2. Effective Date Pa ~ment and Tel•t~tinatiot~.
a) This agreement shall become effective upon the signature by the parties.
b) Tlie total obligation of the Cit}~ under this agreement, for the service options chosen under
Section I (b) of this Agreement, shall be art amount that will not exceed the initial fee of
$7,500.00 plus 25% of au}7 franchise fees tl~e City recovers from the review that exceed the
initial payment of $7,5x0.00 ula to a cap of $15,x00.00 total cost to the Cit}' Allis qtly Oltt Of
pocket expenses approved by the City in advance that are incurred by LGS, its agents,
employees ol• subcontractors arising out of this Agreement. Out of pocket expenses shall
include, but are not limited to postage, tC3I1SpOI'tatloll, heals and lodging and shall not
exceed $1,000 unless 111littlali}' agI•ced to by LGS anti the City. LGS shall provide to the City
clocumentatian sctfficient to substantiate ar~y out of pocket costs.
c} The City shall i~ay LGS the initial $7,50x.00 of the total obligation related to Section i (b} when
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