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TCI AMERICAN CABLE HOLDINGS v. CITY OF UNION CITY

March 16, 2004.

TCI AMERICAN CABLE HOLDINGS, II, Plaintiff,
v.
CITY OF UNION CITY, Defendant



The opinion of the court was delivered by: VAUGHN WALKER, District Judge

JUDGMENT

IT IS HEREBY ORDERED AND ADJUDGED that:
1. Final judgment is entered in favor of plaintiff TCI American Cable Holdings, II ("TCI") and against Union City for damages, declaratory relief and injunctive relief on TCI's first cause of action in its second amended complaint for violation of the Contract Clause of the United States Constitution.
2. Final judgment is entered in favor of TCI and against Union City for declaratory relief and injunctive relief on TCI's Page 2 second cause of action in its second amended complaint for violation of the Contract Clause of the California Constitution.
 
3. The court hereby declares that: (a) Union City's trench cut fee ordinance (enacted as part of Union City Ordinance No 528-98 and codified at Union City Municipal Code sections 12.08.275 and 12.08.280) (collectively the "Trench Cut Fee Ordinance") unconstitutionally impairs the terms of TCI's cable television franchise and (b) TCI is entitled to recover all illegal fees it has paid to Union City under the Trench Cut Fee Ordinance.
4. The court hereby orders that Union City is immediately and permanently enjoined from enforcing the provisions of the Trench Cut Fee Ordinance against TCI.
5. Damages shall be awarded in favor of TCI and against Union City in the principal amount of eighteen thousand three hundred and sixty-five dollars and sixty cents ($6, 283.60).
  6. Prejudgment interest shall be awarded in favor of TCI and against Union City. Prejudgment interest shall be calculated according to federal law. Page 3

20040316

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