The firm’s principal areas of practice include the representation of municipal utility districts, improvement districts, and other special purpose districts in the State of Texas, and landowners affected by such districts with respect to local government law and finance matters. Legal representation of such districts, as both bond and general counsel, includes the legislative and administrative creation, organization, confirmation and dissolution of districts; the issuance of tax and bond opinions relating to the issuance of tax exempt bonds by such districts to finance utility improvements within the jurisdiction of the districts; preparation of all documentation required for governmental approvals in connection with the issuance of such bonds; and the general legal representation of the districts. General legal representation involves matters relating to real estate transactions, general contract negotiation, construction contract negotiation and administration, election administration and representation before various federal, state and local agencies and public bodies, including the United States Department of Justice, the United States Environmental Protection Agency, the Texas Commission on Environmental Quality, the Texas Water Development Board, the Attorney General of Texas, and various counties and cities and their internal departments.
The firm also provides representation to developers, homebuilders and others seeking to utilize or develop tracts of land that are not large enough to be feasible as stand alone districts, including the possible annexation of such land into a municipal utility district, the acquisition and provision of water, sanitary sewer, and drainage facilities and services to serve the development, the negotiation and preparation of any related contracts, and any other legal work within the scope of the above related activities. We also assist developers in understanding and maximizing the reimbursement of funds expended for qualified public facilities from municipal utility districts in which such land is located. Bond transactions completed by the attorneys of the firm include the issuance of more than 380 million dollars in municipal bonds. The attorneys of the firm have represented, as bond, general and special counsel, numerous municipal utility districts and other districts, with both appointed and resident elected board members, landowners and land developers and major financial institutions. The firm has also represented a variety of clients as special counsel on various State legislative and rulemaking matters. Mr. Marks is rated “AV” by Martindale Hubbell, which is the highest rating available to any individual lawyer. The firm is recognized as a national bond counsel firm in the Bond Buyer’s Municipal Marketplace Red Book.