NO. 04–15-00069-CV

In the Fourth Court of Appeals, 

San Antonio, Texas

Texas Municipal League Joint Self-Insurance Fund a/k/a

The Texas Municipal League Intergovernmental Risk Pool 

Appellant

vs.

Housing Authority of the City of Alice, Texas

Appellee

Appeal from the 79th Judicial District Court

Jim Wells County, Texas, No. 14-10-53721-CV

The Honorable David Sanchez, Presiding Judge

APPENDIX TO APPELLANT’S BRIEF

Barry Abrams

State Bar No. 00822700

Jack W. Higdon

State Bar No. 24007360

BLANK ROME LLP

700 Louisiana, Suite 4000

Houston, TX 77002-2727

(713) 228-6601

(713) 228-6605 (Fax)

ATTORNEYS FOR APPELLANT 

TEXAS MUNICIPAL LEAGUE JOINT

SELF-INSURANCE FUND A/K/A THE TEXAS

MUNICIPAL LEAGUE INTERGOVERNMENTAL

RISK POOL

ORAL ARGUMENT REQUESTED

ACCEPTED

04-15-00069-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

4/16/2015 9:12:23 AM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 04/16/2015 9:12:23 AM KEITH E. HOTTLE Clerk
Tab A Interlocal Agreement (CR 71-76)

Tab B Property Coverage Document (CR 78-125)

Tab C Order Selecting Umpire (CR 284)

Tab D The Local Government Contract Claims Act (the “Act”) (TEX. LOC. GOV’T CODE §§271.151, et seq.) excerpts

– Act §271.152

– Act §271.153

– Act §271.154

Tab E TEX. GOV’T CODE excerpts

– Act §791.001

– Act §791.011(a) 

– Act §311.034

Respectfully submitted,

By: /s/ Barry Abrams 

Barry Abrams

State Bar No. 00822700

Babrams@BlankRome.com

Jack W. Higdon

State Bar No. 24007360

Jhigdon@BlankRome.com

BLANK ROME LLP

700 Louisiana, Suite 4000

Houston, Texas 77002

(713) 228-6601

(713) 228-6605 (Fax)

ATTORNEYS FOR APPELLANT

TEXAS MUNICIPAL LEAGUE JOINT

SELF-INSURANCE FUND A/K/A THE TEXAS

MUNICIPAL LEAGUE INTERGOVERNMENTAL

RISK POOL
CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was forwarded to the

following counsel of record by email and United States First Class Mail, certified,

return receipt requested, on April 16, 2015:

Via Email & Certified Mail,

RRR No. 70071490000022311663

Mr. Anthony Constant

CONSTANT LAW FIRM

One Shoreline Plaza

800 N. Shoreline Blvd, Suite 2700 South

Corpus Christi, Texas 78401

Fax: 361-887-8010

/s/ Barry Abrams 

Barry Abrams
TAB “A”






TAB “B”
















































TAB “C”

TAB “D”
TEX. LOC. GOV’T CODE §271.152. Waiver of Immunity to Suit for Certain Claims

A local governmental entity that is authorized by statue or the constitution to enter into

a contract and that enters into a contract subject to this subchapter waives sovereign

immunity to suit for the purpose of adjudicating a claim for breach of the contract, subject

to the terms and conditions of this subchapter.

TEX. LOC. GOV’T CODE §271.153. Limitations on Adjudication Awards

(a) Except as provided by Subsection (c), the total amount of money awarded in an

adjudication brought against a local governmental entity for breach of a contract

subject to this subchapter is limited to the following:

(1) the balance due and owed by the local governmental entity under the contract as

it may have been amended, including any amount owed as compensation for the

increased cost to perform the work as a direct result of owner-caused delays or

acceleration;

(2) the amount owed for change orders or additional work the contractor is directed

to perform by a local governmental entity in connection with the contract;

(3) reasonable and necessary attorney’s fees that are equitable and just; and

(4) interest as allowed by law, including interest as calculated under Chapter 2251,

Government Code.

(b) Damages awarded in an adjudication brought against a local governmental entity

arising under a contract subject to this subchapter may not include:

(1) consequential damages, except as expressly allowed under Subsection (a)(1);

(2) exemplary damages; or

(3) damages for unabsorbed home office overhead.

(c) Actual damages, specific performance, or injunctive relief may be granted in an

adjudication brought against a local governmental entity for breach of a contract

described by Section 271.151(2)(B) [which deals with contract for sale/delivery of

reclaimed water].

TEX.LOC.GOV’T CODE §271.154. Contractual Adjudication Procedures Enforceable

Adjudication procedures, including requirements for serving notices or engaging in

alternative dispute resolution proceedings before bringing a suit or an arbitration

proceeding, that are stated in the contract subject to this subchapter or that are established

by the local governmental entity and expressly incorporated into the contract or

incorporated by reference are enforceable except to the extent those procedures conflict

with the terms of this subchapter.
TAB “E”
TEX. GOV’T CODE §791.001. Purpose

The purpose of this chapter is to increase the efficienty and effectiveness of local

governments by authorizing them to contract, to the greatest possible extent, with one

another and with agencies of the state.

TEX. GOV’T CODE §791.011(a). Contracting Authority; Terms

(a) A local government may contract or agree with another local government or a

federally recognized Indian tribe, as listed by the United States secretary of the

interior under 25 U.S.C. Section 479a-1, whose reservation is located within the

boundaries of this state to perform governmental functions and services in accordance

with this chapter...

TEX. GOV’T CODE §311.034. Waiver of Sovereign Immunity

In order to preserve the legislature’s interest in managing state fiscal matters through

the appropriations process, a statute shall not be construed as a waiver of sovereign

immunity unless the waiver is effected by clear and unambiguous language. In a statue,

the use of “person,” as defined by Section 311.005 to include governmental entities, does

not indicate legislative intent to waive sovereign immunity unless the context of the statute

indicates no other reasonable construction. Statutory prerequisites to a suit, including the

provision of notice, are jurisdictional requirements in all suits against a governmental

entity.