Denton County assigns McCreary, Vassilica, Bragg & Allen to defend county in Encore Electric lawsuit

At 10:36 a.m., the Denton County Commissioners Court reconvened from executive session and unanimously voted to assign legal representation to McCreary, Vassilica, Bragg and Allen, PC in Encore Electric Delivery Company, NTU, LLC v. Denton County and the Denton County Tax Assessor-Collector, a case currently pending in the 158th Judicial District Court of Denton County, Texas.

The motion, moved by the chair and seconded by Commissioner Mitchell, included three elements: 1) assignment of counsel to represent Denton County and the Denton County Tax Assessor-Collector in the Encore Electric matter; 2) an exemption for the proposed contract of employment with McCreary, Vassilica, Bragg and Allen, PC from the requirements established by Texas Local Government Code section 262.023, “if applicable,” as stated in the motion; and 3) authorization for the Denton County Judge to sign the contract of employment.

The court’s motion carried unanimously; the transcript records the result as “motion carries unanimously” but does not record individual vote tallies. The court also specified there would be no action on agenda item 15(a) at this session.

The action assigns outside counsel for pending litigation and authorizes a contract that—per the motion—may be exempted from the procurement or contract requirements identified in Texas Local Government Code section 262.023 if that exemption applies. The transcript does not include the contract’s dollar amount, term length, or other contract specifics.

No public discussion or individual commissioner statements about the merits of the litigation appear in the transcript excerpt. The court moved on after the vote to the next agenda item.

Provenance: transcript segments identifying the motion and the vote are included below.