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RESOLUTION 2019-135R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE APPOINTMENT OF THE LAW <br />FIRM OF BICKERSTAFF HEATH DELGADO ACOSTA, LLP TO <br />REPRESENT THE CITY IN LITIGATION BROUGHT BY A <br />CONSORTIUM OF TEXAS CITIES CHALLENGING THE <br />CONSTITUTIONALITY OF SENATE BILL 1004 (2017) WHICH <br />RELATES TO THE DEPLOYMENT OF NETWORK NODES IN <br />MUNICIPAL RIGHTS-OF-WAY AND THE FEES CITIES MAY CHARGE <br />FOR THE USE OF THEIR RIGHTS OF WAY AND SENATE BILL 1152 <br />(2019) WHICH CAN PRECLUDE CITIES FROM RECEIVING PAYMENT <br />FOR USE OF THEIR RIGHTS-OF-WAY FOR BOTH CABLE AND <br />TELECOM; AUTHORIZING THE CITY MANAGER TO EXECUTE <br />THE ENGAGEMENT AGREEMENT ON BEHALF OF THE CITY; AND <br />DECLARING AN EFFECTIVE DATE. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The City Council of the City of San Marcos ("City") hereby appoints the <br />law firm of Bickerstaff Heath Delgado Acosta, L.L.P. ("Law Firm") to represent the City in <br />litigation brought by a consortium of Texas cities challenging the constitutionality of Senate Bill <br />1004 (2017) which relates to the deployment of network nodes in municipal rights-of-way and <br />the fees cities may charge for use of their rights-of-way and Senate Bill 1152 (2019) which can <br />preclude cities from receiving payment for use of their rights-of-way for both cable and telecom. <br />PART 2. The City authorizes an expenditure of monies not -to -exceed $7,000 based <br />on population for the legal services to be provided by the Law Firm. <br />PART 3. The City Attorney is hereby authorized to execute the engagement <br />agreement appointing the Law Firm behalf of the City. <br />PART 4. This Resolution shall be in full force and effect immediately from and <br />after its passage. <br />ADOPTED on August 6, 2019. <br />11�1e Hughson <br />Mayor <br />Attest: <br />U,C�, <br />Jmie L e Case <br />Ci rk <br />