HomeMy WebLinkAboutOrdinance No. 20268
ORDINANCE NO. 20268
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
SETTLE CLAIM AGAINST AT&T BROADBAND, AND
PROVIDING AN EFFECTIVE DATE.
The City Cotmcil of the City of Eugene finds that:
A. Section 2.582 of the Eugene Code, 1971 requires the City Manager or designee to
collect all sums due the City from another, subject to exceptions set fbrth in that section.
B. The City has prevailed in the Oregon Court of Appeals in litigation against TCI
Cabtevision of Oregon, Inc., now kno,m as AT&T-Broadband, for registration fees and interest
thereon owed pursuant to Section 3.415(1) of the Eugene Code, 1971, but a final judgment has not
yet been entered. Settlement of this litigation does not fall within any of the exceptions set fYrth in
Section 2.582 of the Eugene Code, 1971.
It would be in the public interest to authorize the City Manager to settle the City's
claim against AT&T-Broadband for registration fees and interest.
Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Notwithstanding Section 2.582 of the Eugene Code, 1971, the City Council
delegates to the City Manager authority to settle the City's claim for registration fees and interest
thereon owed pursuant to Section 3.415(1 ) of the Eugene Code, 1971 by TCI Cablevision of Oregon,
Inc., now kmown as AT&T-Broadband, in the manner set forth in this Ordinance.
Section 2. Any settlement must require AT&T-Broadband to pay at least all of the principal
amount owed and such portion of the interest deemed reasonable by the City Manager in light of
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other consideration provided by AT&T~Broadband as part of the settlement~
Section 3~ The settlement may not include any agreement or authorization to vacate or
otherwise vitiate the Oregon Court of Appeals' decision in TCI Cablev~sion of Oregon, Inc. w City
of Eugene, CA No. A~105860, reported at 177 Or App 433 (2001).
Section 4~ The settlement may include registration fees and interest thereon owed from the
effective date of City of Eugene Ordinance No. 20083 through December 31, 2002.
Section 5~ It is necessary for the preservation of the public health~ welfare and safety for this
Ordinance to ha've immediate effect. Therefore, this Ordinance shall becorne effective immediately
upon ks passage by the City Council and approval by the Mayor, retention by the Mayor for more
than ten days, or readopfion over a Mayoral veto by two~thirds of all members of the City Councik
Passed by the City Council this
12~ day of November, 2002
City Recorder
Approved by the Mayor this
12~h day of November~ 2002
Mayor
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