BARBARA A. BOULWARE-WELLS
Details of qualifications in Litigation and Representing Governmental Entities
General Counsel to City Council, Administration and Departments: Over thirteen years of general municipal
representation and legal services related to advising City Council, City Manager/Administrator, City
Secretary and other city personnel concerning day-to-day issues arising with both General Law and Home
Rule cities. Collaborate with City personnel to achieve goals established by City Council and ensure legality
of such actions. Respond to and advise City Council concerning questions about possible actions, best legal
course of action, and legal ramifications of contemplated actions. Counseled department heads to
address concerns or questions to ensure that goals or policies established by City Council or City
Management were achieved.
Planning Department and Planning and Zoning Commission: Research and advise on various legal issues
including zoning district modifications; corridor overlay ordinance; sign ordinance; Planned Unit
Developments and specific use permits; development and phasing agreements; enforcement of ordinances
in ETJ, working with MUDs; subdivision and platting matters, including vested rights issues and
individualized determinations; analysis of legislation and case law concerning Religious Land Use and
Institutionalized Persons Act of 2000; transportation matters, connectivity policy and traffic impact
analyses; and parkland requirements and fees in lieu. Reviewed and negotiated for downtown development
district including TIRZ and areas for city facilities.
Utilities: Water, Sewer, Electric, Gas, Solid Waste and Cable:
 Electric and Gas: Negotiated with service providers to improve or reduce rates and terms for long
term service agreements.
 Water and Wastewater:
o Counseled and revised CCNs for both water and sewer.
o Negotiated with water corporations and districts and drafted agreements concerning
overlapping service areas, rates, and easements.
o Representation in water and/or wastewater rate contests and in obtaining water rights
permits.
o Numerous condemnation suits involving obtaining easements for water and/or wastewater
line improvements.
o Representation in groundwater and water well management issues including inclusion in
groundwater management areas and priority groundwater management areas.
o Counseled and represented numerous clients in obtaining water and wastewater
treatment plant permits, including administrative hearings at TCEQ and in District Court
involving permits issued by TCEQ.
 Solid Waste and Cable: Negotiated and drafted franchise agreements with solid waste and cable
providers, including representation in District Court on suits involving challenges to exclusive franchise
agreements.
Economic Development Boards (4A) and (4B): Negotiate and draft agreements concerning economic and
community development projects, 360 Agreements, TIRZ and performance based agreements.
Elections: Counsel on numerous election issues including runoffs and recounts, submission of DOJ precertification letters, and assisting outside counsel with bond election.
Environmental: Represent numerous entities before environmental agencies in administrative proceedings.
Results include successful resolution of each matter.
BARBARA A. BOULWARE-WELLS
Page 2
Real Estate and Construction: Negotiated sales and purchases of various pieces of property, in addition to
leases for parkland, and public buildings. Advise staff concerning easements and rights of way. Review and
advise staff concerning public construction bids and contracts, technical RFPs, RFQs, and counsel on
contracting questions. Drafted development agreements for: creation of new downtown area; the building
of a new municipal court and police department building; a parks and recreation facility; and a public
library. Litigated various construction claims concerning public facilities.
Public Information Requests, Open Meetings and Ethics: Review all requests and documents in response
to such requests and authored several requests for opinion on disputed public information requests.
Advised City Councilmembers and City staff related to ethical questions and concerns; e-mail protocol; and
policies and procedures concerning requests for information. Conducted training for compliance with open
government laws.
Municipal Court: Prosecution services to over 20 different Municipal Courts in past 11 years for prosecution
of Class C misdemeanors and ordinance violations, including but not limited to handling of pre-trial docket,
pre-trial motions and trial (jury and bench) practice. Additionally, Ms. Boulware-Wells has handled
prosecution of nuisances, junked vehicles, abandoned vehicles, code violations, environmental infractions
and other Class C offenses. Worked with Municipal Court Administrators/Clerks and Municipal Court Judges
to review court procedures to ensure compliance with all laws and recommend revisions to department
policies to ensure full compliance with court procedures and statutes. Have been called upon as City
Attorney to assist with drafting or revising ordinances, including those dealing with municipal court
technology, juvenile curfew, court collections, acceptance of credit cards, municipal courts of record, and
additions of associate or temporary judges. Ms. Boulware-Wells has worked with numerous police forces to
improve procedures for proper citation and complaints, report writing, enforcement and testimony during
court. Participated in warrant roundups, as well as organization and planning of teen court programs, and
police training academies.
Human Resources: Counseled on employment matters including disciplinary matters, terminations, sexual
harassment training, and redrafting personnel policies, including fire and police departments. Successful
defense of municipal client against EEOC claims. Specific understanding of and working with Civil Service
matters. Currently serve on Civil Service Commission.
Litigation: Responsible partner for the litigation for both general law and home rule cities, including eminent
domain and condemnation proceedings, alleged open government violations, employment and
personnel matters, construction conflicts including subcontractors and breach of contract actions, and
declaratory judgment actions in district court, court of appeals and Texas Supreme Court. Oversight and
litigation assistance with TMLIRP-covered claims. Covered administrative law hearings and when any
matters were appealed on to district court, assisted our clients with each step.
Charter: Counseled Charter Review Committee on charter amendments and drafted modifications. Drafted
municipal ballot language for any proposed charter revisions.
BARBARA A. BOULWARE-WELLS
Page 3
Ordinances and Resolutions: Drafted or revised numerous ordinances or resolutions, including regulation of
wrecker companies, animal control, land use and zoning, historic preservation, noise, cross connection,
curfews, firearms, school zones, speed limits, traffic impact analysis and parking; assisted with codification
review and codification services.
Legislature: Represented cities at Legislature, testifying on various bills and at pre-legislature session
hearings, and performing legislative analysis of areas impacting local governments.
Other areas of significance: Assisted in overhauling all contracts at federal, state and local levels while at
TCEQ. Expertise in funding and grants involving federal and state levels for Superfund and state cleanups,
airports and grants for federal and state CDBG, Safe Routes to School, and Regional Corridor projects.
Extensive legal research and drafting of memorandum involving a county and a museum; negotiating county
and city agreement concerning plat and subdivision review of property in ETJ; counsel on uses of public
buildings and public areas, including City Hall, Public Library and Parks.
Education: Texas Tech School of Law (J.D.) 1991; University of Arizona (BA Education; Major in Political
Science and English, Minor Speech Communication) 1986
–
–
Memberships: Texas City Attorney Association and State Bar of Texas Sections including Real Estate,
Construction, Government, Environment and Natural Resources, and Administrative.
Community Activities: Chair, Cedar Park Civil Service Commission; Boy Scout Troop 158 Committee Chair;
Girl Scout Troop 1980 Assistant Leader; former member of Cedar Park 4B Board and Charter Review
Committee.