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15 • REGULARBrazoria County Municipal Utility District No. 83 (Brazoria County)

Reconvene in Open Session and authorize appropriate action regarding contemplated litigation or settlement offer. Shima JalalipourA ttorney for the District Members of the public are invited to attend the meeting in-person or by videoconference through Microsoft Teams (note, link may not be compatible with Safari browser): https://districtmtg.com/s24 A copy of the written materials for this meeting may be accessible prior to and during the Board meeting at this website: https://districtmtg.com/w

Presented in: Board of Directors Meeting - 2024-10-23 on 2024-10-23
Meeting Agenda PDF

Official Roll-Call Vote

Routine / Procedural • 0.0 Score Impact
PASSED (6 - 0)
“Motion to approve item 15: Reconvene in Open Session and authorize appropriate action regarding contemplated litigation or settlement offer. Shima JalalipourA ttorney for the District Members of the public are invited to attend”
JP
Jeff Perry
President
YES
TC
Todd Casper
Director, Place 1 (Place 1)
YES
JW
Johnnie Wright
Director, Place 2 (Place 2)
YES
GN
Garrett Neville
Director, Place 3 (Place 3)
YES
SS
Shelley Stone
Director, Place 4 (Place 4)
YES
MB
Matthew Brown
Director, Place 5 (Place 5)
YES

Staff Report & Agenda Item Details

Reconvene in Open Session and authorize appropriate action regarding contemplated litigation or settlement offer. Shima JalalipourA ttorney for the District Members of the public are invited to attend the meeting in-person or by videoconference through Microsoft Teams (note, link may not be compatible with Safari browser): https://districtmtg.com/s24 A copy of the written materials for this meeting may be accessible prior to and during the Board meeting at this website: https://districtmtg.com/wh2 Members of the public are invited to attend the meeting in-person or by videoconference through Microsoft Teams (note, link may not be compatible with Safari browser): https://districtmtg.com/s24 A copy of the written materials for this meeting may be accessible prior to and during the Board meeting at this website: https://districtmtg.com/wh2 NOTICE OF CONTINGENT FEE AGREEMENT FOR LEGAL SERVICES Brazoria County Municipal Utility District No. 83 (“District”) intends to enter into a services contract with McCall, Parkhurst & Horton, LLP (“McCall”) in which fees for legal services described therein will be paid in whole or in part on a contingency basis. Pursuant to Section 2254.1036, Texas Government Code, this notice shall act as written notice to the public stating: (i) The District will pursue the issuance of bonds, notes, or other financial obligations of the District to finance capital improvements in the District, as authorized under Chapters 49 and 54 of the Texas Water Code. The desired outcome from pursuing this matter is the successful issuance of legal opinions that support the issuance of bonds, and if appropriate, the federal and tax-exempt status of the bonds, notes, or other financial obligations of the District necessary to finance capital improvements in the District; (ii) McCall is a competent, qualified, and experienced law firm comprised of attorneys with extensive expertise acting as disclosure counsel for various political subdivisions and fulfilling disclosure obligations at a reasonable and fair price; (iii) McCall has no current relationship with the District; (iv) Legal services, including disclosure counsel services, cannot be adequately performed by attorneys and supporting personnel of the District because the District does not employ any attorneys; (v) Legal services, including disclosure counsel services, cannot be reasonably obtained from attorneys in private practice under a contract providing for payment of hourly fees without contingency because of the nature of the matter for which the services will be obtained; and (vi) The District believes entering into a contingent fee contract for disclosure counsel services is in the best interest of the residents of the District because it provides for the payment of fees only if the bonds, notes, or other financial obligations of the District are successfully issued by the District.

Bastiat Liberty & Property Rights Analysis

This docket item is classified as NEUTRAL (0.0 Score Impact). Routine administrative reports, monthly accounts payable/disbursement registers, minutes approvals, and procedural motions are logged for public transparency but carry zero weight in calculating an official's Roll-Call Freedom Score.