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            3               KERR COUNTY COMMISSIONERS' COURT

            4                        Special Session

            5                    Wednesday, July 5, 2023

            6                           1:30 p.m.

            7                   Commissioners' Courtroom

            8                    Kerr County Courthouse

            9                    Kerrville, Texas 78028

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           23   PRESENT:  ROB KELLY, Kerr County Judge
                          RICH PACES, Commissioner Precinct 2
           24             JONATHAN LETZ, Commissioner Precinct 3
                          DON HARRIS, Commissioner Precinct 4
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            1                        I-N-D-E-X

            2   NO.                                                 PAGE

            3   2.1    Discussion and potential action may occur       3
                       regarding the following matters:  (a)
            4          approval of assignment of council for
                       litigation related to the Twin Creeks
            5          Estate subdivision; and (b) all related
                       matters.
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                ***    Adjournment.                                    4
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                ***    Reporter's Certificate.                         5
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            1               JUDGE KELLY:  (Gavel bang.)  Court will come

            2   to order.  It is 1:30 on Wednesday afternoon, and the

            3   Kerr County Commissioners' Court is now in session.

            4   This is called for an executive session meeting, so we

            5   will take a brief recess, go into Executive Session to

            6   discuss potential litigation matters, or actual

            7   litigation matters.  So if you would --

            8               (Recess.)

            9               (Executive Session.)

           10               JUDGE KELLY:  Court will come back to order.

           11   It is 2:12, and we're coming out of Executive Session.

           12   The next item on the agenda is for any action item

           13   following matters concerning litigation discussed during

           14   Executive Session.

           15               COMMISSIONER PACES:  I'll go ahead and make

           16   a motion, that the Court appoint the law firm of

           17   Bickerstaff Heath Delgado Acosta LLP of Austin, Texas to

           18   represent Commissioners' Court in the lawsuit

           19   proceedings that are present before the Court.

           20               COMMISSIONER HARRIS:  Second.

           21               JUDGE KELLY:  Got a motion and second to

           22   approve hiring the Bickerstaff Heath law firm to defend

           23   us in the existing lawsuit that was previously filed.

           24               COMMISSIONER LETZ:  Should we mention the

           25   actual Twin Creeks?

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            1               JUDGE KELLY:  This is the Twin Creeks

            2   lawsuit.  We've been sued over disapproval of denying

            3   the plat application.

            4               COMMISSIONER PACES:  I wasn't sure.

            5               JUDGE KELLY:  Well, so that the public knows

            6   what it is.  Any other discussion?

            7               COMMISSIONER LETZ:  Just for the record,

            8   they're just hired for this particular lawsuit.

            9               JUDGE KELLY:  Correct.  Just this lawsuit.

           10               MR. SORENSEN:  Mr. Kimbrough submitted two

           11   pages that are disjunctive.  One is for litigation

           12   involving Twin Creeks.  The other is specific to the

           13   cause number involved that was filed.

           14               JUDGE KELLY:  And I talked to him and we

           15   revised that to just the specific cause number, and

           16   that's what he FedExed back to us, and that's what we

           17   have with us right now.

           18               Any other discussion?  Those in favor say

           19   aye.  Opposed?  None.  Unanimous.

           20               Anything else before the Court?  We're

           21   adjourned.

           22                        * * * * * *

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            1   STATE OF TEXAS   *

            2   COUNTY OF KERR   *

            3               I, DEBRA ELLEN GIFFORD, Certified Shorthand

            4   Reporter in and for the State of Texas, and Official

            5   Court Reporter in and for Kerr County, do hereby certify

            6   that the above and foregoing pages contain and comprise

            7   a true and correct transcription of the proceedings had

            8   in the above-entitled Special Commissioners' Court.

            9               Dated this the 10th day of July, A.D. 2023.

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           11                            /s/DEBRA ELLEN GIFFORD
                                         Certified Shorthand Reporter
           12                            No. 953
                                         Expiration Date 04/30/2025
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