RESOLUTION NO. RS2004-144
A resolution approving Amendment No. 1 to the contract by and between The Metropolitan Government of Nashville and Davidson County and the law firm of Miller, Canfield, Paddock and Stone, P.L.C. previously authorized by Resolution No. RS2002-1100.
WHEREAS, the Metropolitan Council, in Resolution No. RS2002-1100, authorized the employment for five thousand dollars ($5,000) of Tillman Lay of the law firm of Miller, Canfield, Paddock and Stone, P.L.C., as special counsel for the Metropolitan Government in an appeal of a ruling of the Federal Communications Commission (FCC); and
WHEREAS, the FCC ruling could reduce franchise fees for cable television and cost the Metropolitan Government in excess of $400,000 annually in cable television franchise fees from Comcast; and
WHEREAS, the Metropolitan Government joined in with 37 other cities, counties and representative organizations to fund the appeal; and
WHEREAS, the appeals were consolidated and heard by the United States Court of Appeals for the Ninth Circuit (Ninth Circuit); and
WHEREAS, on October 6, 2003, the Ninth Circuit issued an opinion reversing the FCC in part and by implication upholding it in part, making further appellate proceedings inevitable; and
WHEREAS, many of the 37 other organizations have pledged financial support for further appellate action; and
WHEREAS, in order to continue its participation in the appeal the Metropolitan Government must increase the compensation under its contract with Miller, Canfield, Paddock, and Stone, P.L.C.
NOW, THEREFORE IT BE RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That
Amendment No. 1 to the contract by and between The Metropolitan Government of
Nashville and Davidson County and Miller, Canfield, Paddock, and Stone, P.L.C.,
which amendment increases the compensation by the sum of $5,000 of which $1,000
is payable within 30 days to request en banc review by the Ninth Circuit, and
$4,000 of which shall be available for further appellate proceedings, if pursued,
is hereby authorized and the Metropolitan Mayor is hereby authorized to execute
Amendment No. 1.
Sponsored by: Brenda Gilmore, David Briley
|Referred to:||Budget & Finance Committee|
|Introduced:||January 20, 2004|
|Adopted:||January 20, 2004|
|Approved:||January 21, 2004|