Title
Consider EAA staff recommendation to authorize payment to Glenn and JoLynn Bragg in an amount not to exceed $4,585,000, to satisfy the final judgment in Bragg v. Edwards Aquifer Authority, No. 06-11-18170-CV.
Body
RECOMMENDED MOTIONS:
Move the board approve an amendment to the 2016 Operating Budget by increasing the appropriation of Professional Technical Services by $585,000.
Move the board authorize the General Manager to make payment to satisfy the full amount of the judgment in Bragg v. Edwards Aquifer Authority, No. 06-11-18170-CV, including applicable court costs.
SUMMARY:
The purpose of this agenda item is for the board to consider a staff recommendation to authorize the General Manager to make payment to Glenn and JoLynn Bragg to satisfy the Court’s judgment in Bragg v. Edwards Aquifer Authority, No. 06-11-18170-CV (38th Jud. Dist., Medina Cnty., Tex. judgment May 17, 2016).
Judgment was entered in the case on May 17, 2016. The judgment (excluding court costs) calculated through May 17th with compounding interest was $4,523,833.77. The judgment is attached to this summary. The Braggs have requested court costs of $10,820.84. The EAA has filed a response to the Braggs’ request for court costs arguing that the Braggs are only entitled to $4,763.69 of costs. The court has not yet ruled on the amount of court costs.
In an effort to minimize additional interest costs, the General Manager seeks authorization to make payment to satisfy the full amount of the judgment as soon as possible following board approval. Staff would then pay the applicable court costs once the court has determined their amount. Following the satisfaction of the judgment in the case, the EAA will seek a release of judgment from the Braggs. Attached to this agenda item is a copy of the final judgment entered in Cause No. 06-11-18170-CV.
Upon notification of the jury’s verdict in March 2016, the EAA auditors made a journal entry to accrue a $4,000,000 liability to account f...
Click here for full text