HomeMy WebLinkAbout19-178 Resolution No. 19-178
RESOLUTION
AUTHORIZING EXECUTION OF A LETTER WITH COMCAST DATED SEPTEMBER 12,
2019 REGARDING THE RESOLUTION OF A FRANCHISE FEE AUDIT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute a letter
with Comcast dated September 12, 2019 on behalf of the City of Elgin regarding the resolution
of a franchise fee audit, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 18, 2019
Adopted: December 18, 2019
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
COMCAST
September 12, 2019
Mr. Richard Kozal
City Manager
City of Elgin
150 Dexter Ct.
Elgin, IL 60120
Re: Resolution of Franchise Fee Audit Conducted by the City
Dear Mr. Kozal,
Both the City of Elgin ("City") and Comcast of Illinois/West Virginia, LLC("Comcast")deem it to be their
mutual benefit to resolve their differences regarding the franchise fee audit("Audit"). In an effort to
resolve these differences both parties agree to the following:
1. The City, for and in consideration of Comcast making a payment to the City in the amount of
$27,304.85 ("Recovery Amount") and other good and valuable consideration,the sufficiency of
which is hereby acknowledged, shall release Comcast from any and all past, present or future
claims,demands, actions,causes of action, suits,judgments, costs and expenses(including
attorney fees) related to franchise fees incurred through December 31,2018.
2. Comcast shall remit the Recovery Amount to the City within twenty-one (21) calendar days of
receipt from City countersigning this letter as noted below. The Recovery Amount shall be paid
{ via check and mailed by certified or overnight mail to City Manager Richard Kozal at the above
address.
3. The parties have entered into this resolution in accordance with the Cable Act(47 USC 521 et.
Seq.) and Illinois Municipal Code, including without limitation 65 ILCS 5/11-42-11 and the Illinois
Constitution of 1970. Other than as to franchise fees as set forth in Paragraph 1, City and
Comcast reserve and do not waive all rights each may have thereunder.
4. To the extent permitted by law, the City and Comcast agree to keep this letter confidential,
although it may provide this letter to its outside attorneys, accountants, auditors and similar
individuals or entities that have a legitimate need for the information contained herein. The
City shall not affirmatively publicize this resolution to any party. Comcast understands and
agrees, however,that the fact that this resolution was reached is a matter of public record and
is subject to disclosure pursuant to the Illinois Freedom of Information Act("FOIA") and the
Open Meetings Act("OMA"), among other state and federal laws governing information held by
public bodies. If requested pursuant to the foregoing,the City must follow said laws and
disclose the letter to the requesting party, subject to applicable redactions. If asked, outside of a
FOIA request,a City representative or Comcast may reference the fact that an agreement has
been reached,and identify the general terms. City representatives and Comcast shall not
editorialize as to matters involving the allegations or negotiations leading to this resolution.
Customer notice as is required by applicable law and regulation, and any communications by
Comcast or City related thereto, are not a violation of this resolution.
5. Without waiving any rights under 47 USC 542, City and Comcast agree that each party shall bear
its own legal costs, lawyer expenses or attorneys'fees, if any, incurred by it in connection with
the subject matter hereof.
6. The consideration received by City is in final settlement of all damages and monies owed for the
period prior to and ending December 31,2018 and shall stand as a complete bar to any action or
proceeding to set aside or vacate this resolution because of a mistake in fact or otherwise.
If you concur with the above, countersign the document below. Please don't hesitate to contact me if
you have any questions or need additional information.
Sincerely,
'II
'.e11►
Matthew Sum
Vice President, External Affairs
Comcast Cable Corporation
/ / r December 18, 2019
Mr. Richard Kozal Date
City Manager
City of Elgin