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xylffly <br />1. On January 12, 2016 the City entered into a legal services agreement ( "Agreement ") <br />with Arturo D. Rodriquez, an attorney with Russell & Rodriquez, LLP, to represent the City in <br />protesting the application of DMS Real Tree, LLC for a Texas Pollution Discharge Elimination <br />System Permit before the Texas Commission on Environmental Quality in a not -to- exceed <br />amount of $50,000. <br />2. It is necessary to increase the contract amount of the Agreement in order to complete <br />the contested case hearing process and necessary post- hearing briefings before the administrative <br />law judge at the State Office of Administrative Hearings. <br />3. An additional projected amount of $25,000 is needed to complete the administrative <br />proceedings amounting to a total contract amount of $75,000, which exceeds the threshold for <br />administrative approval and triggers the need for City Council approval of the Agreement. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The Agreement with Russell & Rodriquez, LLC for the provision of legal <br />services in the not -to- exceed amount of $75,000, which includes an increase in price of $25,000, <br />is hereby approved. <br />PART 2. The City Attorney's execution of the Agreement on behalf of the City is <br />ratified and the City Attorney is authorized to execute the Agreement on behalf of the City. <br />PART 3. This Resolution shall be in full force and effect immediately from and <br />after its passage. <br />