Commissioners Court Meeting

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Meeting Date:	07/23/2018
External Legal Counsel -Litigation Rancho Viejo Waste Management LLC
Submitted for:	Erika Hernandez	Submitted By:	Erika Hernandez
Department:	Civil Legal Division

Subject:

Discussion and possible action to retain external legal counsel for Webb County in relation to potential litigation regarding Rancho Viejo Waste Management LLC. and authorizing a Webb County Commissioner to sign any relevant documents; and any other matters incident thereto. [Executive Session is requested pursuant to Texas Government Code, Title 5, Subchapter D, Section 551.071 (A) (B) (Consultation With Attorney)]

Issue: The Webb County Civil Legal Division is an Administrative Department. The current status of the of the RVWM permit application for a landfill is set for July 18, 2018 before the State of Office of Administrative Hearings. Once a decision is handed down by SOAH the only issue remaining is the appeal before the Planning Advisor Board regarding the Floodplain Permit. Depending on the decision of the Planning Advisory Board the representative of RVWM, LLC has indicated by and through its representatives that they wish to proceed to litigation.

Solution: Retain external legal counsel for any pending litigation regarding the RVWM L.L.C. Floodplain Development Permit application.

Result: Webb County will have external counsel ready to respond to litigation filed by RVWM L.L.C.

Background:

Webb County on February 28, 2018 authorized the civil legal division to represent Webb County with regards to a public comment and a contested hearing. The contested hearing is set to begin its process on July 18, 2018 before SOAH. Currently, the Planning Advisor Board is set to review an appeal for the denial of a floodplain development permit by Webb County along with a request for a variance was filed by RVWM L.L.C. Said procedure is required prior to filing litigation against the County.

Previous Court Action:

Fiscal Impact

Budget Account Number:	To be determined
Funding Source:	To be Determined
Balance:	To be Determined
Financial Impact:
To be Determined