Title
Consider a resolution authorizing the Mayor to execute an Engagement Letter with Herrera Law & Associates, PLLC for legal services regarding wholesale rate cases.
Body
The City has been negotiating wholesale water and wastewater rates with its customers since 2017. On October 31, 2018, five of those customers chose to file an appeal with the Public Utility Commission of Texas (PUCT). The City engaged Herrera Law for the Phase 1 portion of the action in January 2019. The City and the wholesale customers have not reached a settlement and will proceed to Phase 2 of the proceedings.
This is a specialized area of legal practice; therefore, staff and the City Attorney recommend that outside counsel be retained to represent the City. Mr. Herrera and his firm have extensive experience representing municipalities before the PUCT. The firm currently represents the City of Round Rock as part of two separate consortiums for the natural gas franchise with Atmos and for the electric power franchise with Oncor.
Cost: As required to settle outstanding litigation
Source of Funds: Utility Fund