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Council approves Miles Consulting pass-through agreement after debate over opposing counsel
Summary
Council approved a pass-through professional services agreement allowing Miles Consulting to engage engineering and review services for a developer-led MUD4 project, while directing that future developer-side agreements be submitted from a different attorney amid concerns raised by residents about the law firm’s role in related litigation.
The City Council on July 13 approved a professional services pass-through agreement that will allow the city to pass consultant review costs through to Miles Consulting LLC for work tied to Hunt County Municipal District 4.
Jeff Miles, representing the property owner, told council he has discussed necessary easements and utility coordination and said that if the city’s attorney preferred not to interface with the law firm tied to the project, he would use a different attorney. “I don't personally, the attorney drafted it,” Miles said, adding that he could substitute counsel if the council preferred.
Residents had urged caution. During public comment several speakers told council they were concerned the law firm associated with the development had been referenced in filings tied to nearby MUD litigation and that local regulators and county engineers had previously identified deficiencies in plats for related projects. One commenter asked the council to delay approval until the attorney-general-related issues were resolved.
Council discussed two competing motions: one to approve the agreement with a different attorney on the developer’s side, and a second to approve the agreement as written while requesting that future agreements come from a different law firm. After debate the council approved the agreement and asked that any future agreements be presented with alternate counsel where conflicts might exist.
Why it matters: The contract standardizes how the city will recover consultant review costs from a developer and helps clarify utility and engineering responsibilities for a large subdivision. Residents’ comments highlighted legal and enforceability concerns that council sought to address by asking for alternative counsel on future matters.
What’s next: The agreement will be executed for the Miles Consulting engagement; staff and the city attorney will monitor future developer agreements to avoid conflicts or unresolved litigation questions.
