HomeMy WebLinkAbout23-1639 02-28-2023RESOLUTION NO. 23-1639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
SETTLEMENT AGREEMENT AND MUTUAL RELEASE WITH
SPECTRUM GULF COAST, LLC, FORMERLY TIME WARNER CABLE
TEXAS, LLC; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Euless ("City") is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, on April 5, 2019, the Cities I filed a lawsuit against Spectrum in the
District Court of McLennan County, Texas (170t" Judicial District), styled City of Allen,
Texas et al., v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter
Communications, Cause No. 2018-3835-4 ("Spectrum") (together, "the Parties"); and
WHEREAS, the Parties have a dispute regarding Spectrum's payment of franchise
and public, educational, and governmental ("PEG") fees to the Cities; and
WHEREAS, on May 31, 2019, Spectrum removed the case to the United States
District Court for the Western District of Texas; and
WHEREAS, the Cities filed an amended complaint on September 27, 2019, styled
City of Allen, Texas et al., v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter
Communications, Case No. 6:19-cv-345-ADA-DTG, alleging that Spectrum underpaid
franchise and PEG fees to the Cities; and
WHEREAS, the Parties' dispute in the foregoing WHEREAS clauses, including
their respective claims and defenses in litigation, is collectively referred to as "the
Dispute;" and
WHEREAS, without any admission of liability whatsoever by any Party as to the
validity, force, or effect of any asserted or unasserted claims or defenses, the Parties
desire fully, completely, and finally to settle and resolve the Dispute as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
The City Council hereby authorizes the City Manager to execute on the City's
behalf the Settlement Agreement and Mutual Release between the Parties.
SECTION 2.
This resolution shall become effective immediately upon its passage and approval.
APPROVED AND ADOPTED at a regular meeting of the Euless City Council on
February 28, 2023 by a vote of 6 ayes, 0 nays, and 0 abstentions.
APPROVED:
�t` da Martin, Mayor
X el(A/M�V(/ 1.--G'r -
i Sutter; MC, CMC, City Secretary
1 Plaintiffs are the Texas cities of Allen, Arlington, Austin, Bedford, Belton, Burleson, Carrollton,
Cedar Hill, Colleyville, Coppell, Dalworthington Gardens, Euless, Fort Worth, Garland, Grand
Prairie, Harker Heights, Hurst, Hutto, hving, Killeen, Lewisville, Mesquite, Rockwall, Rowlett,
Waco, and Wichita Falls.
Resolution No. 23-1639, page 2 of 2