AGENDA CAPTION:
Title
Consider approval of Resolution 2019-135R, approving the appointment of Bickerstaff Heath Delgado Acosta, LLP to represent the City in litigation brought by a consortium of Texas cities challenging the constitutionality of Senate Bill 2004 (2017) which relates to the deployment of network nodes in municipal rights-of-way and the fees cities may charge for the use of their rights-of-way and Senate Bill 1152 (2919) which can preclude cities from receiving payment for use of their rights-of-way for both cable and telecom; authorizing an expenditure of monies not-to-exceed $7,000 based on population for the legal services to be provided; authorizing the City Attorney to execute the Engagement Agreement on behalf of the City; and declaring an effective date.
Body
Meeting date: August 6, 2019
Department: City Attorney’s Office
Amount & Source of Funding
Funds Required: not to exceed $7,000
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Fiscal Note:
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Background Information:
Several Texas cities are challenging the constitutionality of SB 1004 (2017), related to the deployment of network nodes in municipal rights-of-way and the fees municipalities may charge for the use of their rights-of-way, and the constitutionality of SB 1152 (2019), which can preclude cities from receiving payment for use of their rights-of-way for both cable and telecom.
The City of McAllen will be the lead client in this litigation, responsible for receiving and
paying monthly billing statements. Participating cities, including McAllen, will submit $0.15 per city resident based on the number of residents identified in the 2010 federal census to Bickerstaff Heath Delgado Acosta LLP for payment of services related to the litigation.
Approval of the agreement authorizes legal representation of the City of San Marcos and legal services in connection with litigation regarding the constitutionality of SB 1004 (2017) and SB 1152 (2019).
Council Committee, Board/Commission Action:
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Recommendation:
Staff recommends approval of the agreement with Bickerstaff Heath Delgado Acosta LLP to join the litigation relating to the cities’ right to manage, control, and receive sufficient payment for use of public right-of-way.