The proposed ordinance amends Ordinance No. 2016-179 to increase the maximum contract amount allocated for the City’s reimbursement of litigation expenses advanced by Herrera & Boyle PLLC (“Firm”) under a contract between the City and Firm for legal services and amends Contract No. 4600013760 to authorize Firm to incur and pay expert witness fees if approved by the City Attorney.

On March 9, 2016, City Council adopted Ordinance No. 2016-179 approving a contract for legal services between the City and the Firm. Since that time, Firm has represented the City in a complaint before the Texas Public Utilities Commission (“PUC”) in PUC Docket No. 45280, Complaint of Extenet Network Systems, Inc. Against the City of Houston for Imposition of Fees for Use of Public Right-of-Way. The complaint concerns a highly technical area that has implications for the City’s authority over its right-of-way and its ability to charge fees for use thereof. The highly technical nature of this matter requires the expenditure of funds for an expert to testify on behalf of the City.

The proposed amendment relates to the City’s litigation expenses incurred by the Firm. The proposed amendment does not alter the fee to be paid for the Firm’s legal services. Under the proposed amendment, the Firm will be given the necessary flexibility to advance, with the City Attorney’s prior approval, up to an additional $130,000 in litigation expenses related to services of expert witnesses.

To the extent Firm advances expenses related to the retention and services of expert witnesses, Firm will be reimbursed for same in accordance with the City Attorney’s policy on reimbursement of expenses and City policy and the additional amount of $130,000 is allocated for that purpose.