Res 026-2023 CWF to Execute Agmt and Documents in Lawsuit Styled City of Allen, TX et. al., v. TWC 03/07/2023 Resolution No. 26-2023
A Resolution of the City of Wichita Falls, Texas, authorizing the City
Manager to execute a settlement agreement and related documents in
the lawsuit 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
WHEREAS, on April 5, 2019, 26 Cities, including the City of Wichita Falls, filed a
lawsuit against Spectrum in the District Court of McLennan County, Texas (170th 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;
WHEREAS, on May 31 , 2019, Spectrum removed the case to the United States
District Court for the Western District of Texas;
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;
WHEREAS, after mediation, the parties agreed to settle all claims. The proposed
full and final settlement of all claims by the Cities includes a requirement that Spectrum
calculate and pay various cable fees by certain methodologies over the next ten years;
and
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
That the City Manager is hereby authorized to execute a settlement agreement
and related documents with Time Warner Cable Texas, LLC d/b/a Spectrum and Charter
Communications in connection with the full and final settlement of all claims involving the
City of Wichita Falls, Texas, alleged in the lawsuit styled City of Allen, et al. v. Time
Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Cause No. 6:19-
CV-00345-ADA-JCM, in the United States District Court for the Western District of Texas,
Waco Division.
PASSED AND APPROVED this the 7th day of March, 2023.
MAYOR
ATTEST:
City Ierk r
APPROVED AS TO FORM:
City Attorney